AN ACT TO INDEMNIFY OFFICERS FOR HAVING SEIZED AND DESTROYED INTOXICATING LIQUORS. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: SEC. 1. INDEMNIFICATION FOR DAMAGES.-Whenever a judgment for damages has been or may be recovered against any justice of the peace, justice of any police court, sheriff, deputy sheriff, constable, or other magistrate or officer, in any action brought against him on account of any thing heretofore done by him in good faith in his official capacity under and by virtue of the Act entitled "An Act Concerning the Manufacture and Sale of Spirituous and Intoxicating Liquors," passed in the year eighteen hundred and fifty-two, he shall receive the amount of damages and costs so recovered against him of the treasurer of the Commonwealth; provided the judge or justice before whom the case may be tried shall certify, under his hand, that the said judgment was recovered against such magistrate or officer on account of some act done by him in good faith in his official capacity under the statute aforesaid. SEC. 2. INDEMNIFICATION FOR EXPENSES.-And the treasurer of the Commonwealth shall also pay to any such magistrate or officer, against whom judgment may be recovered as aforesaid, such further sum as the judge or justice who may try the case shall, in his said certificate, certify has been fairly and reasonably expended, by said magistrate or officer, in carrying on the defense of any such suit. SEC. 3. INDEMNIFICATION FOR PRECEDING LIABILITIES.-Whenever any such magistrate or officer, who, having rendered himself liable in his official capacity as aforesaid, or any person acting in their behalf, or in behalf of either of them, shall have settled and paid the same previous to the passage of this Act, such magistrate or officer, or other person, as aforesaid, may petition the court of common pleas within and for the county in which he may reside for an allowance of the amount so paid; and if it shall be made to appear to the satisfaction of said court that it was a proper case to be settled, then the justice of said court shall certify to the treasurer of the Commonwealth such amount as he shall deem just and proper for such magistrate or officer, or other person, as aforesaid, to receive; and the treasurer of the Commonwealth, on receiving said certificate, shall pay the amount therein allowed to the magistrate or officer, or other person, as aforesaid, in whose favor the same is made. AN ACT FOR THE SUPPRESSION OF CERTAIN COMMON Be it enacted by the Senate and House of Representatives, in General SEC. 1. DEFINITION OF NUISANCES.-All buildings, places, or tenements used as houses of ill fame, resorted to for prostitution, lewdness, or illegal gaming, or used for the illegal sale or keeping of intoxicating liquors, are hereby declared to be common nuisances, and are to be regarded and treated as such. SEC. 2. FINE FOR COMMON NUISANCE.-Any person keeping or maintaining any such common nuisance shall be punished by fine not exceeding one thousand dollars, or by imprisonment in the county jail not more than one year. SEC. 3. LEASE AND TITLES NULLIFIED.--If any person, being a tenant or occupant under any lawful title of any building or tenement not owned by him, shall use said premises, or any part thereof, for any of the purposes enumerated in the 1st section of this Act, such use shall annul and make void the lease or other title under which said occupant holds, and, without any act of the owner, shall cause to revert and vest in him the right of possession thereof; and said owner may make immediate entry, without process of law, upon the premises, or he may avail himself of the remedy provided in the 104th chapter of the Revised Statutes; and the provisions of said chapter shall be deemed to extend to all such cases; and any person appealing from any judgment rendered upon said complaint shall be required to enter into the same recognizance now provided by the 142d chapter of the law of eighteen hundred and forty-eight. SEC. 4. RESPONSIBILITY OF LANDLORDS.-If any person shall knowingly let any building or tenement owned by him, or under his control, for any of the purposes in the 1st section of this Act enumerated, or shall knowingly permit any such building or tenement, or part thereof, to be so used while under his control, or shall, after due notice of any such use of said building or tenement, omit to take all reasonable measures to eject the said person from said premises as soon as the same may lawfully be done, he shall be deemed and taken to be guilty of aiding in the maintenance of such nuisance, and be punished by a fine of not less than one hundred nor more than one thousand dollars, or by imprisonment in the county jail not less than thirty days nor more than six months. AN ACT TO PROHIBIT THE USE OF POISONOUS SUBSTANCES IN THE MANUFACTURE OF SPIRITUOUS AND INTOXICATING LIQUORS. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows: SEC. 1. ADULTERATION OF LIQUORS.-If any person shall adulterate, for the purpose of sale, any beer, or other malt liquor, or any wine, or any distilled liquor, or any spirituous or intoxicating liquor intended for drinking with coculus indicus, vitriol, grains of paradise, opium, alum, capsicum, copperas, laurel water, logwood, Brazil wood, cochineal, sugar of lead, or any other substance which is poisonous or injurious to health, or if any person shall sell any such liquor intended for drinking adulterated, as aforesaid, with any substance above named, or any other substance which is poisonous or injurious to health, knowing the same to be so adulterated, he shall be punished by imprisonment in the State prison not more than three years. AN ACT CONCERNING THE PURCHASE OF SPIRITUOUS AND INTOXICATING LIQUORS FOR TOWN AGENTS. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows. SEC. 1. PURCHASING COMMISSION. The governor, by and with the consent of the council, shall, within thirty days from the passage of this Act, appoint and commission a competent person to purchase and sell spirituous and intoxicating liquors of a pure quality to the several agents appointed or to be appointed under the provisions of an Act passed on the 20th day of April, in the year one thousand eight hundred and fifty-five, entitled, "An Act concerning the Manufacture and Sale of Spirituous and Intoxicating Liquors.” SEC. 2. COMMISSIONER'S OFFICE IN BOSTON. Such person so appointed and commissioned shall establish and maintain in the city of Boston a suitable office or place of business, and shall purchase and sell to such city and town agents, and to them only for the purposes in said Act specified, and in such quantities as they may require, spirituous and intoxicating liquors, which shall be of a pure quality and unadulterated with any mixture or noxious or poisonous substance whatever. All said sales shall be made for cash, and at a price not exceeding an advance of five per centum upon the actual cost. SEC. 3. RECORD OF COMMISSIONER.-Such person so appointed and commissioned shall keep a record, in which shall be plainly and truly recorded all purchases and sales made by him under this Act, the prices at which the same were made, and the names of the persons of and to whom made; and the said record shall be at all times open to the inspection of the mayor and aldermen of the several cities, the selectmen of the several towns, and to the prosecuting officers of the Commonwealth; and all packages of liquors sold by him shall have his seal affixed thereto before delivery thereof; and the transportation of all liquors so purchased and so sold and sealed as aforesaid shall be allowed by law. SEC. 4. BOND OF COMMISSIONER.-Such persons, within ten days after being so appointed and commissioned, shall file in the office of the treasurer of the Commonwealth a bond to the Commonwealth in the penal sum of twenty thousand dollars, with two or more good and sufficient sureties, to be approved by the treasurer, for the faithful performance by him of the requisitions of this Act. SEC. 5. AGENTS TO PURCHASE OF COMMISSIONER.-All city and town agents appointed, or to be hereafter appointed, under the provisions of the aforesaid Act, concerning the manufacture and sale of spirituous and intoxi cating liquors, shall purchase all liquors to be sold by them of the person appointed and commissioned as herein provided, or of authorized manufacturers, and in no other manner. SEC. 6. COMPENSATION.-Nothing herein contained shall be construed to authorize or empower such person so appointed and commissioned to claim or receive of the Commonwealth any compensation for his outlay, services, or expenses in said business, or to contract any debt or obligation, or incur any liability on the faith or in behalf of the Commonwealth. SEC. 7. PENALTY FOR ADULTERATION.-In case the person so appointed and commissioned shall adulterate or cause to be adulterated the said liquors or any part thereof, or shall, under the provisions of this Act, sell to persons other than a city or town agent, or at an advance greater than five per centum upon the cost as aforesaid, he shall, upon conviction for such offense, forfeit to the Commonwealth the amount of his aforesaid bond, and be imprisoned in the State prison not less than six months nor more than five years. SEC. 8. WHEN TO TAKE EFFECT.-This Act shall take effect from and after its passage. 368 THE PROHIBITORY LIQUOR LAW OF MICHIGAN. AN ACT TO PREVENT THE MANUFACTURE AND SALE OF SPIRITUOUS OR INTOXICATING LIQUORS AS A BEVERAGE. SEC. 1. MANUFACTURE AND SALE.-The people of the State of Michigan enact, That no person shall be allowed to manufacture or sell at any time, by himself, his clerks, servants, or agent, directly or indirectly, any spirituous or intoxicating liquors, or any mixed liquors, a part of which is spirituous or intoxicating, except as hereinafter specified. SEC. 2. CONTRACTS FOR LIQUOR RENDERED NULL AND VOID.-All payments for such liquors hereafter sold in violation of law, shall be considered as having been received without consideration, and against law and equity, and any money or thing paid therefor may be recovered back by the person so paying the same, his wife, or any of his children; and all sales, transfers, grants, releases, quit claims, surrenders, mortgages, pledges, and attachments of real or personal estate, and liens and securities thereon, of whatever name or nature, and all contracts or agreements relating thereto, hereafter made the consideration whereof, either in whole or in part, shall have been the sale, or agreement to sell, any such liquor, shall be utterly null and void, against all persons, and in all cases, excepting only as against the holders of negotiable securities or the purchasers of property, who may have paid therefor a fair price, and received the same upon a valuable and fair consideration; nor shall any suit at law, or in equity, be had or maintained upon any contract or agreement whatever, hereafter made, the consideration whereof shall be either wholly or in part, the sale of such liquors in violation of law, excepting only when such suit is brought by such bona fide holders of negotiable paper, or purchaser of property without notice. Nor shall any demand arising upon any such contract or agreement whatever, be offered or allowed as a set-off or defense in any action whatever. SEC. 3. PENALTY FOR SELLING, ETC.-If any person by himself, his clerk, agent, or servant, shall, directly or indirectly, sell, or keep for sale contrary to law, any such liquor, he shall forfeit and pay on the first conviction ten dollars and the costs of suit or prosecution, and shall be at once committed to the common jail of the county until the same be paid. On the second conviction for the like offense, he shall forfeit and pay twenty dollars and the cost of suit or prosecution, and shall be committed as aforesaid until the same be paid; on the third and every subsequent conviction he shall forfeit and pay one hundred dollars and costs, and shall, in addition to such |