or her to frequent public places for the purpose of begging or receiving alms, or to frequent the company of or consort with reputed thieves or prostitutes, or by vicious training depraves the morals of such child, shall upon conviction be deemed guilty of a felony, and punished by imprisonment in the county jail or in the State prison or the State House of Correction at Ionia at hard labor for not more than five years nor less than three months: Provided, however, If, after such conviction and before sentence, in case the child has not been deformed or maimed, he or she shall appear before the clerk of the court in which said conviction shall have taken place, and with good and sufficient surety, to be approved by said clerk, enter into bond to the people of the State of Michigan in the penal sum of one thousand dollars conditioned that he or she will furnish such child or children with necessary and proper home, care, food, shelter, protection and clothing, the said court may suspend sentence therein. When complaint is made on oath or affirmation to a magistrate or court having jurisdiction in such cases that the complainant believes that any of the provisions of law relating to or affecting children are being, or are about to be violated in any particular building or place, such magistrate or court being satisfied that there is reasonable ground for such belief, shall issue a warrant directed to the proper sheriff, constable, police officer or agent of such association, authorizing him to enter and search such building or place, and to arrest any person there present violating or attempting to violate any such law, and to bring such person before some court or magistrate of competent jurisdiction, together with the child or children concerning whom such offense has been committed, to be dealt with according to the law; and such attempt shall be held to be a violation of such law, and shall subject the person charged therewith if found guilty to the penalties provided for such violation.

LIQUORS.

Local Option-Action for Damages for Liquor Sales.

(77) $5430. SEC. 19. In every county in this State where the provisions of sections one and two of this act are operative, every wife, child, parent, guardian, husband, or other person who shall be injured in person or property or means of support, or otherwise, by any intoxicated person, or by reason of the selling, giving, or furnishing to any person any vinous, malt, brewed, fermented, spirituous or intoxicating liquors in violation of section one of this act shall have a right of action in his or her own name against any person or persons who shall, by selling or giving any such liquors, have caused or contributed to the intoxication of such person or persons, or who have caused or contributed to such injury; and in an action provided for in this section the plaintiff shall have a right to recover actual and exemplary damages. In case of the death of either party, the action and right of action given by this section shall survive to and against his or her executor or administrator. And in every action by any wife, husband, parent, or child, general reputation of the relation of husband and wife,

parent and child shall be prima facie evidence of such relation, and the amount so recovered by every wife or child shall be his or her sole and separate property. Such damages, together with costs of suit, shall be recoverable in an action of trespass on the case before any court of competent jurisdiction. And in any case where parents shall be entitled to such damages either the father or the mother may sue alone therefor. But recovery by one of said parties shall be a bar to a suit brought by the other.

Although the statute giving a civil remedy against saloon keepers for illegal sales of liquor authorizes a recovery of exemplary damages, such damages are given in any case only on the theory that the injury to plaintiff's feelings has been aggravated because of the wanton or reckless character of defendant's act; and it is error to instruct the jury that they may be awarded as "smart money," or "in the way of punishment, to make an example for the public good."-Boydan v. Haberstumpf, 129/137.

Sales to Minors Prohibited-Civil Damages.

(78) § 5398. SEC. 20. Every person who shall by himself, or by any clerk, servant, agent or employé, sell, give or furnish, or cause to be sold, given, or furnished, any intoxicating, spirituous, malt, brewed or fermented liquors, cider or wine, or any liquor or beverage, any part of which is intoxicating, spirituous, malt, brewed, or fermented, to any minor, and every person who shall himself, or by his clerk, servant, agent, or employé, permit or allow any such liquor, cider, wine, or beverage to be sold, furnished, or given to, or to be drank by any such minor, in his or her residence, store, shop, saloon, restaurant, bar-room or place of business where such liquors or beverages are kept, furnished or sold, shall in addition to all other penalties provided therefor by this act, be liable for both actual and exemplary damages therefor, to the father, mother, guardian or master, or any person standing in place of a parent to such minor, in such sum, not less than fifty dollars in each case, as the court or jury shall determine, except a druggist, upon the written request of a parent, guardian, or master of such minor. or upon the written prescription and request of a regular practicing physician: Provided, That the physician making such prescription shall not be the druggist himself, nor a member of the firm of druggists selling such liquors, nor an employé of such druggist or firm. But if any druggist shall furnish, sell or give to any such minor any such liquor more than once upon the same written prescription or written request, he shall be liable in damages as aforesaid, and to the extent aforesaid, in each case. Every wife, child, parent, guardian, husband, or other person, who shall be injured in person or property, or means of support or otherwise, by any intoxicated person or by reason of the intoxication of any person, or by reason of the selling, giving or furnishing any spirituous, intoxicating, fermented, or malt liquors, to any person, shall have a right of action in his or her own name, against any person or persons who shall, by selling or giving any intoxicating or malt liquor, have caused or contributed to the intoxication of such person or persons, or who have caused or contributed to such injury, and the principal and sureties to the bond herein before mentioned, shall be liable severally and jointly with the person or persons so selling, giving, or furnishing any spirituous, intoxicating, or malt liquors, as aforesaid, and in an action provided for in this section, the plaintiff shall have a right to recover actual and ·

exemplary damages. In case of the death of either party, the action and right of action given by this section shall survive to and against his executor or administrator. And in every action by any wife, husband, parent, or child, general reputation of the relation of husband and wife, parent and child, shall be prima facie evidence of such relation, and the amount recovered by every wife or child shall be his or her sole and separate property. Any sale or gift of intoxicating or malt liquor by the lessee or occupant of any premises, resulting in damages, shall, at the option of the lessor, work a forfeiture of the lease, and the circuit court in chancery may enjoin the sale, giving away or furnishing of any intoxicating or malt liquors, by any lessee or occupant of the premises, which may result in loss or damage or liability to the lessor, or any person claiming under such lessor.

Furnishing Liquor to Minor, Etc.

(79) § 5391. SEC. 13. It shall not be lawful for any person, except a druggist, who shall be governed by section two of this act, to sell, furnish or give any spirituous, malt, brewed, fermented, or vinous liquors, or any beverage, liquor, or liquids containing any spirituous, malt, brewed, fermented, or vinous liquor, to any minor, to any intoxicated person, nor to any person in the habit of getting intoxicated, nor to any Indian, nor any person of Indian descent, nor to any person when forbidden in writing so to do by the husband, wife, parent, child, guardian or employer of such person, or by the supervisor of the township, mayor or director of the poor, or the superintendent of the poor of the county where such person shall reside or temporarily remain. The fact of selling, giving, or furnishing any liquid in any place where intoxicating liquors are sold or kept for sale, to any minor, or to any intoxicated person, or to any person in the habit of getting intoxicated, or to any Indian, or person of Indian descent, or to any person when forbidden in writing so to do by the husband, wife, parent, child, guardian, or employer of such person, or by the supervisor of the township, mayor, or director of the poor, or superintendent of the poor of the county where such person shall reside or temporarily remain, shall be prima facie evidence of an intent on the part of the person so selling, giving, or furnishing such liquid, to violate the law.

Playing Cards, Etc., by Students or Minors.

(80) § 5392. SEC. 14. It shall not be lawful for any person by himself, his clerk or agent, to permit any student in attendance at any public or private institution of learning in this State, or any minor, to play at cards, dice, billiards or any game of chance, in any part of any building, in which spirituous liquors or intoxicating drinks are sold; nor shall it be lawful for any person, by himself, his clerk or agent, to sell or give to any student in attendance at any public or private institution of learning, in this State any spirituous or intoxicating drinks, except when prescribed by a regular physician for medicinal purposes; and any person who shall offend against either of the foregoing provisions of this section shall be deemed to have been guilty of a misdemeanor, and on conviction thereof shall be punished as provided in section seven of this act.

Hor M

Minors Not to Visit Saloon.

(81) § 5393. SEC. 15. It shall not be lawful for any person to allow any minor to visit or remain in any room where such liquors are sold or kept for sale unless accompanied by his or her father or other legal guardian.

Sales to Minors or Posted Persons.

An Act to prevent the selling, furnishing or giving of liquors to minors or to persons to whom the selling, furnishing or giving of liquors shall have been forbidden, and to provide a penalty therefor.

[Act 160, P. A. 1909.]

The People of the State of Michigan enact:

(82) SECTION 1. It shall not be lawful for any person to sell, furnish or give to any minor as a beverage any distilled liquor or mixture containing any distilled liquor.

This act does not by implication repeal section 13 of act 313 of 1887 (compiler's section 79) which prohibits selling liquors to any minor person for any purpose.-People v. Thompson, 161/391.

(83) SEC. 2. It shall not be lawful for any person to sell, furnish or give to any minor as a beverage any brewed, malt, fermented, spirituous, vinous or intoxicating liquor or any mixture containing any of said liquors.

(84) SEC. 3. It shall not be lawful for any person to sell, furnish or give as a beverage any distilled, malt, brewed, fermented, spirituous, vinous or intoxicating liquor, or any mixture containing any of said liquors, knowingly to any person to whom the selling, furnishing or giving of said liquors shall have been forbidden in writing in pursuance of section five thousand three hundred eighty-one of the Compiled Laws of eighteen hundred ninety-seven.

(85) SEC. 4. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than two hundred dollars and costs of prosecution or by imprisonment in the county jail not less than ten days nor more than ninety days, or both such fine and imprisonment in the discretion of the court. In case such fine and costs shall not have been paid at the time such imprisonment expires, the person serving out such sentence shall be further detained in jail until such fine and costs shall have been fully paid: Provided, That in no case shall the whole term of imprisonment exceed six months.

Children Not Permitted in Saloons.

(86) § 5554. SEC. 2. No minor child under seventeen years of age, nor any minor who is a student in any public, private or parochial school in the State of Michigan, shall be permitted to remain in any saloon, barroom or other place where any spirituous or intoxicating

liquor, or any wine or beer, or any beverage, liquor or liquors containing any spirituous or intoxicating liquor, beer or malt liquor is sold, given away or furnished for a beverage; or in any place of amusement known as dance houses, concert saloons, variety theaters; or in any house of prostitution; or in any room or hall occupied or used for hire, gain or reward, for the purpose of playing billiards, pool, cards, dice or any other unlawful game; or in any room or hall used or occupied for gaming, pool-selling or betting in any manner whatever; or in any room or hall in which any cigars or tobacco are sold or kept for sale, where any such games are played. Any proprietor, keeper or manager of any such place who shall permit such minor child or minor student to remain in any such place, and any person who shall encourage or induce in any way such minor child or minor student to enter such place or to remain therein shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twentyfive dollars nor more than fifty dollars, or by imprisonment in the county jail not less than ten days nor more than thirty days, or both such fine and imprisonment in the discretion of the court.

Am. 1905, Act 236; 1907, Act 55; 1909, Act 203.

TOBACCO.

Sale of Tobacco to Minors.

An Act to prohibit the selling, giving or furnishing tobacco, in any of its forms, to minors, and providing a penalty therefor.

[Act 77, P. A. 1889.]

The People of the State of Michigan enact:

(87) § 11534. SECTION 1. That it shall not be lawful for any person by himself, his clerk or agent, to sell, give or furnish any cigar, cigarette, cheroot, chewing or smoking tobacco, or tobacco in any form whatsoever, to any minor under seventeen years of age, unless upon the written order of the parent or guardian of said minor.

(88) § 11535. SEC. 2. Any person who shall wilfully violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than five dollars nor more than fifty dollars, or by imprisonment in the county jail for a term of not less than ten days nor more than thirty days, or by both such fine and imprisonment in the discretion of the court.

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