preparations or solutions, or any flavoring extracts or patent or proprietary medicines or preparations, the manufacture and sale of which requires the payment of a United States liquor dealer's tax, except as herein provided: Provided Further profurther, That manufacturers of alcohol shall keep such records and make such reports, and purchasers thereof shall make such application as herein provided in the case of sale by and purchase from retail druggists. viso, records, reports, etc. permit. permit, etc. etc., sale by. druggists, SEC. 17. Any clergyman having charge of a church, or any Clergyman's recognized official thereof, may file an application with the Food and Drug Commissioner or his duly authorized deputy, for a permit to purchase wine for sacramental purposes, in the manner and form above specified under subdivision "e" of section eleven, from a manufacturer or wholesaler, and such permit, when issued, shall be pasted upon the shipment and shall authorize the carrier to transport and deliver the same. Such permit must be used within thirty days of its Limit of issue and shall be defaced or marked cancelled upon the delivery of the shipment to the consignee at its destination. Such permit must remain upon the package as long as it contains any intoxicating liquors. Upon receiving such liquors the consignee or recipient shall report the receipt thereof to the officer issuing the permit. The commissioner may also Wholesale issue a permit to wholesale druggists, manufacturing pharmacists, manufacturing chemists and others, to manufacture or sell intoxicating liquors to retail druggists who have been granted permits to sell the same, and to any hospital, infirmary, medical or educational institution where such liquors are used only for medicinal, mechanical, chemical or scientific purposes: Provided, however, That before any such Proviso, wholesale druggists, manufacturing chemist or manufacturing application. pharmacist shall sell any intoxicating liquors mentioned in this section, the purchaser thereof shall make an application as provided for in case of sale by retail druggists; and such wholesale druggist, manufacturing pharmacist or manufacturing chemist shall keep a record of such sale and make reports, as herein provided for retail druggists. Each whole- Record of sale and retail druggist, manufacturing pharmacist, manu- Sworn facturing chemist, infirmary and institution referred to in statement. section sixteen shall file a sworn statement with the prosecuting attorney of the county in which he does business, and a duplicate thereof with the commissioner on or before the fifth day of each month, stating the amount of intoxicating liquors on hand at the first of the previous calendar month, the amount, kind and date of receipt of each consignment of said liquors received during such month, and the amount on hand at the close of the month for which the statement is made: Provided further, That it shall be unlawful for any Further hospital, infirmary or medical institution to dispense any of such liquors as they are permitted to purchase, except to its own patients. sale. proviso, hospitals. Physician's prescription. What to contain. Offense of physician. Blank forms. Revocation of druggist's license. Confiscation. SEC. 19. Any physician lawfully and regularly engaged in the practice of his profession in Michigan, who shall deem any intoxicating liquors necessary for the health of his patients may give such patient a prescription therefor for not to exceed eight ounces. Every such prescription shall contain the name and address of the person to whom it is given, full directions for taking or using the same and the number of such prescriptions that the said physician has given to the said patient within the preceding year, and that after a physical diagnosis the said physician is satisfied that the said intoxicating liquors prescribed were necessary to the health of the said patient. Any physician who shall give such prescription without complying with the provisions of this section, or shall administer such liquors in violation of this act, or who shall give or write for any person a prescription for or including intoxicating liquors, for the purpose of enabling or assisting any person to evade the provisions of this act, or to obtain liquor for use as a beverage or to be sold or disposed of in any manner in violation of this act, or who shall give a prescription to any person for or including intoxicating liquors without making the physical diagnosis herein provided for, shall be guilty of an offense under this act. SEC. 21. It shall be the duty of the commissioner to prescribe forms conforming to the provisions of this act, and to furnish supplies thereof to the clerks of the several counties of the State. Such forms shall be kept on hand and furnished, free of charge, by the county clerks and shall be used exclusively wherever applicable under this act. SEC. 24. A second and subsequent offense, in addition to the penalty herein prescribed, shall be grounds to revoke the license of the said druggist to practice pharmacy, and all intoxicating liquors in possession of said druggist, or in said drug store, or on the premises connected therewith, shall forthwith be confiscated by and forfeited to the State, and delivered to the Food and Drug Commissioner by order of the court, and the court shall forthwith certify the fact of such Certificate of conviction to the authority granting the license, which certificate shall forthwith be made a matter of record by such authority, and shall act as a bar to the granting or renewal of license to practice pharmacy to said druggist in the State. conviction. Search and seizure. Warrant. SEC. 25. If any person makes a sworn complaint or affidavit before any magistrate authorized to issue warrants in criminal cases, that he has reason to believe and does believe that any intoxicating liquors are being manufactured, possessed, sold, furnished or given away, or kept for the purpose of being sold, furnished, given away or possessed, contrary to law, or that any such liquors are stored, temporarily or otherwise, in any depot, freight house, 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 together with the vessels in which they are contained, and all the implements and furniture used and kept for such illegal manufacturing, importing, selling, furnishing, giving away, possessing, or storing of such liquors, and them safely keep and make immediate return on said warrant. Such liquors, furniture, vessels and implements used in such manufacturing, keeping, selling or possessing, shall be held subject to the order of such court or magistrate, to be used as evidence in the prosecution for the violation of this act. Seizure of tainers, etc. liquor, con Return on warrant. Subject to or der of court. SEC. 28. If fluids are poured out, secreted or otherwise Destruction destroyed by the owner of the premises, or occupant, or by of liquor to any tenant, assistant or other person, when the premises are seizure. searched or to be searched, or by any person in whose custody such fluids may be manifestly for the purpose of preventing their seizure by officers authorized to make such search and seizure, such fluids shall be held to be prima facie intoxicating liquor and unlawfully possessed. Statement of to set forth. officer, what Disposition of liquors seized. SEC. 29. When liquors, vessels, implements or furniture are seized as provided in this act, the officer who made such seizure shall, upon his return upon the warrant, make a statement setting forth their seizure by him and their place of detention, and they shall be held by said officer subject to the order of the court. Upon final judgment of the court upon any complaint provided for in this act the court shall make an order for the delivery thereof to their lawful owner, as determined by the court, or if no person be found by the court to be the lawful owner thereof, such court shall declare them confiscated by the State and order them delivered to the Food and Drug Commissioner. When liquors, vessels, implements Validity of or furniture shall have been seized by virtue of any warrant, said warrant shall not be held void, nor such liquors, vessels, implements or furniture returned to any person claiming the same by reason of an alleged insufficiency of the description in the complaint or warrant: Provided, That a new complaint Proviso. or warrant shall be issued within twenty-four hours. warrant. rant posted. of liquors. SEC. 30. If no one is found in possession of the premises Copy of warwhere such liquor may be found, the officer taking the same shall post in a conspicuous place, on the building or premises, a copy of his warrant, and take possession of such Possession liquors, vessels, implements and furniture, and hold them subject to the order of the court or magistrate issuing the warrant, and make return of his doings thereon. Whenever any Unclaimed intoxicating liquor in the hands of any officer shall be liquors. unclaimed or the owner thereof shall be unknown the officer having the custody of such liquors shall immediately report to a magistrate of the county where such liquors are found concerning the seizure or possession of the same giving a detailed description thereof and of the place where seized or Hearing. Notice. Confiscation of liquors, etc. Residences, search of. Property right forfeited. Arrest of person in charge. Arrest without warrant. Complaint. Seizure of evidence. Report and Failure to file, penalty for. Petition for release of seized goods. found. Whereupon it shall be the duty of 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 are found. If there be no such premises such notice shall be posted in the manner required for notices of constable's sales. If at the time of said hearing no person or persons appear, nor within thirty days thereafter, to claim such liquors, vessels, implements and furniture, the magistrate or court shall declare the same confiscated by the State and order them delivered to the Food and Drug Commissioner. No warrant shall be issued to search a private dwelling occupied as such unless 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 private dwelling is a place of public resort. SEC. 31. No property right of any kind shall exist in any intoxicating liquors had, kept, transported or possessed contrary to law or in or to any receptacle or container of any kind whatever in which said liquors may be found and all such are hereby declared forfeited to the State and shall be seized. Any person or persons in charge of said liquors or aiding in any manner in such violation shall forthwith be arrested and as soon as convenient taken before a magistrate having jurisdiction whereupon the officer making such arrest shall make and file a complaint for such violation of the law as the evidence justifies. Any sheriff or other peace officer may arrest without a warrant any person violating this act in the presence of such officer and shall forthwith take such person before a magistrate of competent jurisdiction and there måke complaint against such person for such violation. Any such officer may, without being in possession of the warrant, arrest any person for whom a warrant has been issued in this State, and is unserved, charging a violation of this act. Such officers upon making such arrest, may seize all evidence of the commission of such violation. Any officer making any seizure shall forthwith make and file with the Food and Drug Commissioner a written report and inventory of all such liquors, receptacles and containers seized under this act and any officer failing to so make such report and inventory shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than two hundred dollars or by imprisonment in the county jail for not to exceed six months or both such fine and imprisonment in the discretion of the court. Any claimant of liquors, receptacles, or containers seized under this act, in order to release the same from the operation of this act, may, at any time before final disposition thereof by the court as herein provided, file a petition in the court having jurisdiction of the matter for the return of said property and if said claimant shall prove to the satisfaction of said court that he is lawfully entitled to possession thereof, the same shall be seized goods. returned to him. All intoxicating liquors, receptacles and Disposal of containers seized under this act, or in the custody or control of any court or officer hereunder, shall, if not returned to any claimant as herein provided, be delivered to the Food and Drug Commissioner upon the determination of any proceedings relating thereto and shall be by said commissioner sold, destroyed, redistilled for their alcohol content, or disposed of as directed by the Board of State Auditors to such persons or institutions as are authorized under this act to possess or dispose of the same. All funds derived therefrom shall be Funds, dispoturned into the general fund of the State. sition of. Liquors not replevied, etc. to be Unlawful keeping, prima facie evidence. SEC. 32. Intoxicating liquors, furniture, vessels and implements seized as hereinbefore provided, shall not be taken from the custody of any officer by a writ of replevin or other process while any proceedings relating thereto are pending. SEC. 35. The keeping or having of any intoxicating liquors in any building or place except a building used exclusively as a private residence shall be prima facie evidence of the keep ing of a place where intoxicating liquors are possessed, sold, manufactured, furnished or given away in violation of this act: Provided, That this section shall not apply to drug- Proviso, gists and others expressly permitted to keep such liquors who druggists, shall have complied with the provisions of this act. Proof of Proof of conconsumption or intended consumption of any intoxicating sumption, etc. liquors, by any person visiting, resorting to or frequenting any of the places mentioned in this section, shall be prima facie evidence of the sale, giving away or furnishing of such liquor or beverage to such person in violation of the provisions of this act. etc. Duty of justice, etc., on complaint being made. person. SEC. 36. Whenever complaint shall be made by any person on oath before any justice of the peace or other officer or magistrate, having jurisdiction, that any person is found intoxicated or has been intoxicated in any hotel, store, place of business, public building, street, alley, highway, or other public place, it shall be the duty of such justice, municipal or police court, to issue a subpoena to compel the attendance Subpoena of of such person so found intoxicated, or who has been intoxi- intoxicated cated, as aforesaid, to appear before the justice or court issuing the same, to testify in regard to the person or persons of whom, and the time when, and the place where, and the manner in which the liquor producing his intoxication was procured; and if such person, when subpoenaed, shall neglect or refuse to obey such writ, the said justice or court who issued the same shall have the same power and authority to To compel compel the attendance of the person so subpoenaed and to enforce obedience to such writ as in other civil cases. ever the person so subpoenaed shall appear before the justice or court to testify as aforesaid, said magistrate shall question him and the person so subpoenaed shall be required to Examination answer on oath questions relating to when, where, and of whom he procured, obtained or received the liquor or bev When attendance. on oath. |