Penalty for violation. Subsequent offenses. Druggists to make statement; what to contain. Consignments, laws of this State and sections twenty-five and twenty-six of this act as amended. SEC. 16. Any person, who himself, or by his clerk, agent or employe, shall violate any of the provisions of this act shall, for the first offense, be deemed guilty of a misdemeanor and upon conviction thereof be sentenced to pay a fine of not less than fifty dollars nor more than two hundred dollars, and the costs of his prosecution, and to imprisonment in the county jail not less than twenty days nor more than six months, in the discretion of the court. For the second and every subsequent offense so committed, whether in the same or any other county in this State where the provisions of this act are operative, he shall, upon conviction thereof, in any court of competent jurisdiction, be sentenced to pay a fine of not less than one hundred dollars nor more than five hundred dollars, and to imprisonment in the State House of Correction and Reformatory at Ionia for a term of not less than six months nor more than two years, in the discretion of the court. SEC. 25. Every druggist keeping a drug store in any county adopting prohibition under this act shall make and swear to, or cause to be made and sworn to a true written or printed statement signed and duly sworn to by himself or his clerk, on Monday of each and every week, giving the full name and residence of every person procuring liquor at his drug store during the last week, the kind and quantity of liquor procured, and the date of procuring the same and the object for which each purchase was made, and on such Mondays shall deliver or mail, prepaying the postage thereon, the same to the prosecuting attorney of the county where such store is situated, who shall preserve the same in his office, and all such statements shall be open to the inspection of all citizens. Every such druggist so keeping a drug store in any statement of, county adopting prohibition under this act shall make and swear to or cause to be made and sworn to a true written or printed statement signed and duly sworn to by himself or his clerk on the first Monday of each and every month, giving the number of consignments of liquors received by the drug store over which he shall have charge since making his last previous monthly statement, the dates when such consignments of such liquors were received, the kind and quantity of such liquors so received, and the name of the person or persons, firm or firms, corporation or corporations from which such liquors were purchased, and on said first Monday of each and every month shall deliver or mail, prepaying the postage thereon, the same to the prosecuting attorney of the county where such store is situated, who shall preserve the same in his office, and all such statements shall be open to the inspection of all citizens. what to contain, etc. To sell only on physicians' prescription. SEC. 26. Every druggist keeping a drug store in any county adopting prohibition under this act shall by himself or his clerk be permitted to sell such vinous, malt, brewed, prescription sales. fermented, spirituous and intoxicating liquors for medicinal purposes, but only on the written (not printed or typewritten) prescription of a regular, practicing physician: Provided, That the physician making such prescription shall Proviso, tate therein the name of the person for whom such liquor what to state. is prescribed, the kind and quantity of liquor prescribed, and shall issue the same in good faith and upon personal knowledge that the physical condition of the person for whom such liquor is prescribed requires the same for medicinal pur poses; or upon the written and signed application of the superintendent of any hospital, medical or educational institution where such liquors are used only for medicinal or scientific purposes. Such druggist or clerk shall, before delivering Record of such liquor to a purchaser, enter the full name and residence of such purchaser, together with the kind and quality [quantity] of liquor procured, the date of procuring the same and the object for which such liquor was procured, in a blank book which shall be kept for that purpose by druggists keeping a drug store, and after having once filled any such prescription or application so made, as aforesaid, shall write or stamp across the face thereof the word "cancelled," together with the date when such prescription or application was filled and shall sign his name thereto. Each such pre- Filing of, scription or application shall be plainly written, dated, and with pros signed by the full name of the maker thereof, and a true copy attorney. of all such prescriptions or applications filled by any such druggist shall be filed by him with the prosecuting attorney of the county wherein such drug store is located at the time of filing his report of sales as is herein before required. Every when such druggist, so keeping a drug store as aforesaid, shall be alcohol, etc.. permitted to sell pure alcohol or any vinous, fermented or application of spirituous liquors for art, chemical, scientific or mechanical purchaser. purposes, but only on the written application of the purchaser stating the purpose for which such liquors are purchased, which application shall be subscribed and sworn to by the person making such purchase. All such statements so received, and filled by any such druggist, shall be cancelled, dated, signed, and filed in the manner herein before prescribed for medicinal prescriptions and applications. It shall be the Secretary of duty of the Secretary of State to prepare printed blank State to forms conforming to the provisions of this act, and to furnish forms. the same in proper quantities to the clerks of the several counties operating under the provisions of this act. Said clerks shall furnish the said blanks to druggists making application therefor, and druggists shall use such blank forms when making reports to the prosecuting attorney. ecuting to be sold on prepare blank issue SEC. 27. If any person makes a sworn complaint or affida- when vit before any magistrate authorized to issue warrants in magistrate criminal cases, that he has reason to believe and does believe warrant. that any of the liquors mentioned in section one of this act, are being manufactured, sold, furnished, or given away as a beverage or kept for the purpose of being sold, furnished or given away or that any such liquors are stored, temporarily or otherwise, in any depot, freighthouse, express office, or in any other building or place with the apparent intention of being delivered for the purpose of being sold, furnished, or given away contrary to the provisions of this act, such magistrate shall immediately issue his warrant to any officer whom the complainant may designate, having power to serve criminal process, commanding him to search the premises described and designated in such complaint and warrant, and if such liquors are there found, to seize the same with the vessels in which they are contained and all the implements and furniture used and kept for such illegal selling, furnishing, giving away or storing of such liquors and them safely Liquors, etc., keep and make immediate, return on said warrant. when used as liquors, furniture and implements used for such manufacturing, keeping or selling shall be held subject to the order of the court or magistrate to be used as evidence in the prosecution of any case for the violation of this act. evidence. Complaint, filing of. Neglect to file complaint. When warrant to be issued. Proviso. To whom directed. Form of warrant. Such SEC. 28. When such intoxicating liquors, or implements, vessels or furniture are seized as hereinbefore provided, the officer serving the warrant shall forthwith file a complaint in writing and on oath, charging the violation of the law which the evidence in the case justifies. If such officer refuses or neglects to file such complaint, then the person filing the affidavit for a search warrant or any other person may file such complaint, but nothing herein contained shall prevent any person or officer filing such complaint before the search warrant is issued or served, and all intoxicating liquors, vessels, furniture and implements seized may be used as evidence at the trial or hearing based upon such complaint charging the violation of this act. SEC. 29. No warrant for search shall be issued until there has been filed with the magistrate an affidavit describing the house or place to be searched, the things to be searched for, and alleging substantially the offense in relation thereto, and that affiant believes and has good cause to believe that such liquor is there concealed: Provided, however, That any description that will enable the officer to find the house or place to be searched shall be deemed to be sufficient. The warrant for search shall be directed to the proper officer and shall show by a copy of the affidavit inserted therein or annexed and referred to, or recite, all of the material facts alleged in the affidavit and describe the thing to be searched for and the place to be searched. A warrant for search and seizure substantially in the following form shall be sufficient: Το The State of Michigan... . County, ss. Greeting: Whereas, There has been filed with the undersigned an affidavit of which the following is a true copy (here copy affidavit.); These are, therefore, to command you in the name of the people of the State of Michigan, together with the necessary and proper assistance to enter into (here describe the house or place designated in the affidavit) of the said. in the county aforesaid and there diligently search for the said intoxicating liquors and implements, to wit: (Here describe the articles as in affidavit) and that you bring the same or any part thereof found in such search forthwith before me to be disposed of and dealt with according to law. Given under my hand this.... day of...... .A. D... Official Title. prima facie liquor. SEC. 30. If fluids be poured out, secreted, or otherwise When fluids destroyed by the owner or occupant of the premises or by held to be any tenant, assistant or other person, when the premises are intoxicating searched or to be searched, manifestly for the purpose of preventing their seizure by officers authorized to make such search and seizure, said fluids shall be held to be prima facie intoxicating liquor and intended for unlawful sale. by whom SEC. 31. When liquors, vessels or furniture are seized as Seizure, provided in the preceding sections, the officer who made such statement of, seizure shall in his return upon the warrant, make a state- made. ment setting forth their seizure by him and their place of detention and they shall be held by said officer subject to order of the court. Upon final judgment of the court on the Disposal. complaint provided for in section twenty-eight, such intoxicating liquors shall be returned to their lawful owner in case of acquittal or destroyed or be otherwise disposed of accord ing to the order of the court in case of conviction. When When warrant the description in the complaint or warrant: Provided, Proviso. to post SEC. 32. If no one is found in possession of the premises when officer where such liquors may be found, the officer taking the same shall post in a conspicuous place on said building or premises a copy of his warrant and take possession of such liquors, vessels and furniture and hold them subject to the order of the court or magistrate issuing the warrant and make return of his doings thereon. Whereupon it shall be the duty of Hearing, etc. the magistrate to fix a time for hearing and determining the purpose for which such liquors are kept and issue notice thereof to the officer who shall post a copy thereof on the building or premises where the liquors were found. If at the time fixed for said hearing no person or persons appear, nor within thirty days thereafter, to claim such liquors, vessels Search warrant. when to be issued. Who may accompany officer. Writ of or furniture the magistrate or court shall order the same destroyed. SEC. 33. No warrant shall be issued to search a private residence occupied as such unless it or some part of it is used as a store or shop, hotel or boarding house, or for any other purpose than a private residence or unless such residence is a place of public resort. SEC. 34. The person making affidavit for the warrant to search any place may, personally or by agent, accompany the officer who serves the warrant and enter the place with such officer and give information, and assistance if requested, to such officer in searching such place for such intoxicating liquors as herein before described. SEC. 35. Liquors, vessels and furniture seized as hereinreplevin, etc. before provided, shall not be taken from the custody of the officer by a writ of replevin or other process while the proceedings herein provided are pending. Shipments. Books, etc., open for inspection. Refusal. penalty for. What held to be place of sale, etc. Prima facie evidence. SEC. 36. All shipments of any of the liquors referred to in section one of this act from any point within the State consigned to any point within any county wherein the provisions of this act are in operation to be paid for on delivery, commonly called C. O. D. shipments, shall be held to be sales made at the place of destination in violation of the provisions of this act. SEC. 37. The books and way bills used by any common carrier or any other person, firm or corporation in handling, shipping, transporting or delivering any liquors mentioned in section one of this act, shall be open to inspection at all times during business hours by any public official of said county or counties whose duty it is to enforce the law for the purpose of tracing such liquor to shipper or receiver and said public official shall be permitted to make copies of any part of said books or way bills relating to the transporting or shipping of any such liquors. Every person, firm or corporation or official, agent or employe thereof, who shall refuse to comply with the demands of any such official to permit the inspection of such books and way bills or the making of such copies shall upon conviction thereof be sentenced to pay a fine of not less than fifty dollars and not more than five hundred dollars or to imprisonment in the county jail not less than ten days nor more than six months or both such fine and imprisonment in the discretion of the court. SEC. 38. The keeping or having in any house or building, or in any room or place occupied by any person, corporation, club, association or society, except a private residence occupied as such, of any of the liquors mentioned in section one of this act for the purpose of selling, giving away or furnishing to those frequenting such place, or to others, shall be held to be the keeping of a place where intoxicating liquors are sold, furnished or given away. Proof of consumption or intended consumption of any of the liquors mentioned in section |