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when not

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. Said warrant shall not be held void nor such in- warrant, toxicating liquors, vessels, implements, furniture or convey- void. ance returned to any person claiming the same by reason of an alleged insufficiency of description in the complaint or warrant: Provided, That a new complaint is made and war- Proviso. rant shall be issued within twenty-four hours.

warrant.

SEC. 31. No property right of any kind shall exist in any Property intoxicating liquors had, kept, transported or possessed con- feited. right fortrary 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. Except as hereinafter provided, no property right of any kind shall exist in any conveyance unlawfully containing, or used in the transportation of, intoxicating liquors and all such conveyances are hereby declared forfeited to the state and shall be seized. Any person or persons owning, in possession of or having 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 arrest without a warrant any person violating this act in the without presence of such officer and shall forthwith take such person before a magistrate of competent jurisdiction and there make 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. Any officer Seizure of making an arrest for any violation of this act shall seize all evidence of such violation including any vessel, implement, furniture or conveyance in which such liquors are had, kept, transported or possessed contrary to law. Any officer mak- To file reing any such seizure shall forthwith make and file with the port, etc. commissioner of public safety of the state of Michigan a written report and inventory of all such liquors, vessels, implements, furniture and conveyances so seized. Such officer shall, if any arrest be then made, retain in his possession all such liquors, vessels, implements, furniture and conveyances so seized until the final disposition of the court proceedings following such arrest. Any such conveyance or any Abandoned intoxicating liquors or any receptacle or container thereof or conveyance, implement used in connection therewith, that is or has been abandoned by the owner, person or persons in possession, driver or operator or is seized by any officer without any person or persons in possession at the time of such seizure shall forthwith be delivered by the officer making the seizure to the commissioner of public safety at Lansing, Michigan,

evidence.

etc.

When lien claimed.

Hearing, notice for.

When delivery ordered.

Confiscation.

When

property

returned.

to be by him disposed of as hereinafter provided. Any person claiming a lien or other interest in any conveyance seized under this act, except any person in or about such conveyance at the time of its unlawful use or seizure, may file a duly verified petition in the circuit court of the county where such seizure took place for the return of said property, and if said claimant shall prove to the satisfaction of the court that he is lawfully entitled to possession thereof, the same shall be returned to him. A copy of said petition shall be served upon the officer who seized the same, also a copy shall be served upon the prosecuting attorney of the county. With such copy so served the claimant shall also serve a notice for the hearing in open court on said petition which hearing, however, shall not be held less than ten days after the service of said notice and petition. If upon hearing the court shall determine that said claimant is entitled to the possession thereof for the protection of such lien. or other interest an order may be entered directing the officer in possession to deliver the same to the person therein named, conditioned however that such person shall reimburse said officer for the reasonable expense incurred for the care and storage thereof. If no such delivery is so ordered, the officer shall retain possession of the said conveyance until the order of the court which shall have determined the proceedings following such arrest or other order of the court as to abandoned property. SEC. 31-a. When any person shall be convicted on the charge of violating any provision of this act and there shall have been seized in connection with the arrest of such person any intoxicating liquors, containers, implements or conveyances used in connection with such violation of the act, it shall be the duty of the prosecutor of the county in which such confiscation is had to forthwith present to the court a petition fully setting forth the liquors, implements, conveyances, or other articles seized with a prayer for their confisca tion. Whereupon, if the court shall be satisfied of the facts therein alleged, it shall enter an order confiscating said articles and property so used as aforesaid in the state of Michigan and order its delivery to the commissioner of public safety of the state of Michigan, who shall, on receipt thereof, report the same to the state administrative board for such disposition as may by said board be authorized. The reasonable costs and charges for storage incurred by the officer making such seizure shall be audited and paid by the state.

SEC. 31-b. When any person, who having been arrested on a charge of violating the provisions of this act shall be acquitted or discharged of said offense, the person or officer having in custody and possession any conveyance seized in connection with his arrest as being used in connection with the violation of this act, shall return same forthwith after such acquittal or discharge if such person can be found in the county; and if said person cannot be found within thirty

days after such acquittal or discharge, the same shall be deemed to be abandoned property.

property,

hearing of

fiscated.

SEC. 31-c. It shall be the duty of the commissioner of the Disposal of department of public safety after the expiration of sixty days how authorfrom the time of which abandoned property, conveyance or ized, etc. articles are seized or taken possession of under the provisions of section thirty-one or section thirty-one-b, to petition the circuit court for the county of Ingham for an order authorizing the confiscation and disposal of said property so seized. Such petition duly verified shall set forth the facts upon which said order is requested. Notice of the time of hearing of said Notice of petition shall be given by publication in a newspaper of gen- petition. eral circulation in the county in which said property was found or seized once each week for the period of three weeks. No hearing shall be held on said petition until at least fifteen days following the last publication of said notice. On such hearing on such petition any person claiming said property or an interest therein may answer said petition and the cause shall then be adjourned for trial to such time as may be ordered by the court. Should no answer to said petition be filed, said petition shall be taken as confessed and proven. On the hearing on said petition, if the court shall find, either when conafter trial on issue joined by answer to petition or from a verified petition taken as confessed and proven, that such property had been used in the violation of this act and had been abandoned by its owner, an order shall be entered confiscating said property to the state of Michigan and directing its delivery and disposal in the same manner as provided in section thirty-one-a. At any time after a conveyance shall have been confiscated to the state and a court order entered therefor, in which order any claim or lien shall have been established against such conveyance, the commissioner of public safety is hereby authorized to pay and take assignment thereof of any lien, conditional sale contract or claim, if in his judgment the best interest of the state will be protected by so doing. The prosecuting attorney of the county shall notify said commissioner of the receipt of all petitions authorized to be filed hereunder, and shall if requested represent the commissioner in such proceedings. All intoxicating liquor fit for Disposal of medicinal use heretofore seized and now in the possession of liquor. the commissioner of public safety shall be disposed of to the various hospitals and institutions in this state upon presentation to him of a federal permit to receive the same. The court having jurisdiction of any proceedings authorized by this act for the confiscation and disposal of conveyances or other property, may make such further and other order in the premises as may be agreeable to equity, as in other chancery proceedings, not inconsistent with the provisions hereof and the rules of procedure and evidence not herein otherwise prescribed, authorized or customary in chancery courts shall apply in all such cases brought hereunder.

SEC. 2. This act is hereby declared immediately necessary for the preservation of the public peace, health and safety of the state.

This act is ordered to take immediate effect.

Approved March 13, 1926.

Amount and purposes.

How expended.

Warrants, when issued.

[No. 4.]

AN ACT making an appropriation for the fiscal year ending June thirty, nineteen hundred twenty-seven, for buildings, improvements and equipment for the Michigan state prison.

The People of the State of Michigan enact:

SECTION 1. There is hereby appropriated from the general fund of the state for the fiscal year ending June thirty, nineteen hundred twenty-seven, the sum of five hundred thousand dollars for the purpose of constructing buildings and providing equipment for the Michigan state prison, such sum to be used solely for the specific purpose herein stated, subject to theneral supervisory control of the state administrative .board.

SEC. 2. The state administrative board shall determine the times when and the amounts thereof which the general fund of the state will warrant making expenditures therefrom against the appropriation herein authorized.

SEC. 3. Upon the order of the state administrative board the auditor general shall issue his warrants upon the state treasurer for such sums as shall be allowed by said board, not exceeding in all the appropriation authorized in this act. This act is ordered to take immediate effect. Approved March 13, 1926.

Section amended.

[No. 5.]

AN ACT to amend section thirty of act number one hundred fifty-six of the public acts of eighteen hundred fifty-one, entitled "An act to define the powers and duties of the boards of supervisors of the several counties, and to confer upon them certain local, administrative and legislative powers," being section two thousand two hundred ninetythree of the compiled laws of nineteen hundred fifteen.

The People of the State of Michigan enact:

SECTION 1. Section thirty of act number one hundred fiftysix of the public acts of eighteen hundred fifty-one, entitled

"An act to define the powers and duties of the boards of supervisors of the several counties, and to confer upon them certain local, administrative and legislative powers," being section two thousand two hundred ninety-three of the compiled laws of nineteen hundred fifteen, is hereby amended to read as follows:

tion.

SEC. 30. Every member of such board of supervisors shall be Per diem allowed a compensation of five dollars per day for his services compensain attending the meetings of said board and ten cents a mile. for each mile necessarily traveled in going to and returning from the place of such meeting: Provided, That no supervisor Proviso. shall be allowed pay for more than one day for each twentyfour hours that the board of supervisors shall be in session: Provided further, That where a member of the board of super- Further vistors in any county has to leave home the day before the proviso. meeting of the board in order to arrive at the place of meeting of said board in time for commencement of the session, and where members cannot get home the day the meeting adjourns, said members shall be allowed compensation at the authorized rate per day for time actually employed in going to and returning home from place of meeting of said board by the most direct and usually traveled route, to be audited by the board and paid by the county, which compensation shall extend to and be allowed for the first fifteen days only of any continuous regular October session, and three days only for any regular April session and one or more adjourned sessions, until the total number of days shall equal twenty-five, and for the first three days only of any special session of said board, of which special sessions there shall be no more than two in any one official year which said amount shall be in full for all services rendered and expenses in attending the meeting of said board of supervisors: Provided, That in counties of less than Proviso. forty thousand population the total number of days in any one year for which supervisors shall draw compensation for serving upon the board of supervisors shall not exceed twentyfour days: Provided further, That the board of supervisors Further is hereby authorized to fix the compensation of members of proviso. committees for services necessarily performed when the board of supervisors is not in session at not to exceed the amount herein authorized and actual traveling expenses for the time. actually and necessarily employed and traveled by such members of committees while discharging the duties of any such committee: Provided further, That nothing herein contained Further shall be considered to authorize payment to members of com- proviso. mittees of such board of compensation for the service as members of any such committees while said board of supervisors shall be in session; nor shall any member of any committee be entitled to payment under the provisions of this section for services performed as a member of any committee where the services performed were not ordered by the said board, nor for more than twenty days in any one year as member of such

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