License Law: An Act Amendatory Of The Several Acts Touching ...

Sec. 1. Be it enacted by the Senato and House of Repre3entntives of the state of Michigan; Tliat seciion three of an act entit'.ed "an act lo amend tho rcvised statutes in relation to taverns and other licenscd houses," approved April llih,1839; be amended by nserting at the e:id of the firsl line of said section as printed, after the word "township," the words "and corporate nuthorities of ench ciiy and village." Sec. 2. All permllies and forfcitures imposed or prescribed in or by chapter five, title nine, part first of the revised slatutes, or by the aforesaid "act to amend the re vised slatutes in relation to taverns and oiler licensed houses," maj be recovered in an aclion of debt, and when prosecuted for by a supervisor, shall be so prosecuted in the name of such supervisor for tho use of the township where said act or acts shall have been violated; and such penalties and forfeiturcs when incurred for any acts done in any incorporated city or villaje, may be recovered by puit brought in ihe corpoiato name of the city or village in which the act was done whereby such penaliy or forfeituro was incurred; and sucli snit may be instituted before any justice of ihe peace in the township city or village in which such act was done or in any adjoining township, city or village. Any person resident in such lownship, city or village may inslitulesüt for any such penalty or forfeilure in the name of such supervisor, city or village in the manner a. forcsaid, first giving securily to the satisfactiun of the justice of the peace bcfore whom the suit shall be brought, for the payment of any costs which may be recovered against the plaintiff, and in such case :he plaintifFnamed in the suit shall not hc liable to execution for any costs in such suit : and no suit shal! be broughf, nor shaJl any execulion be issued agninst such plaintiiTlherefor ; and for all such penal iíps or forfeitures incurred after the taking effect of ihis act, suit may be nstiiuted in manner aforesaid. Sec. 3. The declaraiion in any suit in stituted to recover any penalty or penalties, forfeilure or for feit uros, incurred as aforesaid, may be in ihe following form, to wit : A. B. complains of C. D., and says thnt said C. D. justly owes lo him, the said A. B. the sum of one hundred dollars for certain penaltics and forfeitures, which the said C. D. has incurred, and is justly liable to pay by reason that said C. D. did, on the day of , in tho year , and at divers times between said day, and tho day of , in the year . (which !me shall not cxcced thirty days.) at , (insert the township, ciiy or v. llago in which Ihe act was done) in the county of , do and cummii cerl&in acts in vioation of the laws of ihis siate, louching the sale of wino and spirituous liquors ; and therefore ihe said A. B. brings his suit. And the dffendnnt may plead thereto in ihe foüowing form, lo wit : The said C. D. is not indebted to said A. B. as above alleged. And under such declaration evidence maybegiven of any violution of any provisión or provisions of chapfer 5, tille 9. part Jstof the revised stnlutns, or of the act entiiled "an act to amendjho revised statutes in relation to tn veins and oiher licensed houses," or both of them, or of any acts amendatory thereof, or to modify the same, which may have been doneor coinrnitted wilhin ihe time mentioned in the declaration ; and under such pica the defendant may offer atty competent les.inony to show that he has not dono or commiilcd any such violalion of said chupter or act Sec. 4. Thut "an net to modify the license law," approved March 19, 1845. be amended by stnking out section 3 and nserting the ibliowing, to stand as section 3 : 'Sec. 3. If uponsuch canvass it bhould be ascertained that a majority o ihe votes ihus cast were insenbed with the word Micense,' then the township, village or citv auihoriües, as the case may be, shall grant licenses for the sale of dislillcd and fermenled liquors, and for taverns, inns, grocories and vicluailing houses, to every a[ plicant of good moral standing in society, under existing provisions of luw. Such license shall be subject to be recallcd for the same reasens and in the same manner as licenses hereu fore granted under existing provisions of law." Sec. 5. No'.hing herein contnined shall in anywise supersede, abridgeor reslrict any remedy which might havo been had in caae ibis act had not been passed. Sec. 6. This act shall take efïect and be in force from and after its passage. Approved May 12, 1846. During the debate of the billto eslabhsh the Smithsonian Institute, Mr. Chip. man, of Michigan, juinpcd up and exciaimed - M What is educalionV And he nnswered hisown question thus: " The heaping up of musty records of the thoughts and sayings and doings of bygone ages; elevation of particular men above their fellows; anintellecual aristocracy, destructive as deathitselfto trueDe mocracy!"