The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1874-02-12

next fris nj, as the court shall dictate. The
unlawful sale or giving away Of intoxicating
liquor shall work forfeiture of all rights OF
the Lessee or teasnt undes any lease OF con-
tract OF rent u;a.. tie premises where such
unlawful sale, bArtering or giving away
shall take place. All suits for damages
under this ael, may Be by and appropriate
acton in any c. lie courts Of tais State hav-
ing competent jurisdiction. All judgements
recovered under the provisions Of this act
may be enforced without any relief, etc.
SEC. Is. In all cases where husband,
wife, parent, or child, or guardian shall
have right Of action, a. provided in SEC
tior II 0. this act. and shall fail or refuse to
pro.eeute the same, and in all cases
where such intoxicated person has
neither husband, vile. parent child or
guardian, the township trustee, or other OIL
Ger having charge of the poor Of the town
ship where such intoxicated person resides,
shall have right of action, az provided in
said section u; and it il hereby made the
duty OF such officer 10 prosecute all such &C.
tions in the name Of such township. All
money collected upon such Judgments, after
dedueting sll costs and charges against such
township occasioned thereby, shall be paid
by the township trustee or other officer
into the treasury Of the county. for the bene-
FIT of the poor of such county. Pforided,
That the name Of any husband, vile, child
or guardian, upon proper petition therefor.
before final Judgment, may be substituted for
the name of the township; but such pSrsons
30 substituted shall have no power to dismiss
such action, or compromise the same in any
manner except by the permission Of the
court.
SEC. IA For every violation of the pro-
vision of the first and sixth sections of this
act, the persOn 30 offending shall forfeit and
pay fine Of not less than fifty dollars nor
more than one hundred dollars, or be i'm
prisonsd in the Jail of the county not less
than ten nor more than thirty daye. For
every violation Of the provisions Of the sew.
enth section OF this act. any person convicted
as the keeper Of any of the places herein de-
clared to be nuisance shall forfeit and pay
a fine of not les than twenty. nor more than
fifty dollars; and such place or places 30 kept
such persons convicted, shall be shut up and
abated a. a common nuisance, BY the order
of the court before which such conviction
may be had, as further punishment, and
such order shall be part Of the conviction.
SEC Is. The penalty and provisions mem
toned in the thirteenth section Of this act.
may be enforced by Indictment in any court
of record having criminal Jurisdiction. and
all pecuniary fines or penalties provided for
in any Of the sections OF this act, Except the
eighth and twelfth may be enforced and
prosecuted for before any justice Of the peace
of the proper county in an action of debt
In the name of the State of Kans.s "A Main.
tifi. and in case of conviction the ofende,
shsll stand committed to the iail of the coun.
" until the judgments and costs are fully
maid. and the magistrate or court in which
the conviction is had shall issue a writ Of
c,pios ad s,fisf,ciendum therefor. Justices oil
the peace shall have the Jurisdiction of ali
actions arising under the eighth and twelfth
sections of this act, when the amour, in con.
troversy does not exceed three hundred dol.
lars; such actions to be prosecuted in the
name of the party injured or entitled to the
debt or damages provided for in sait eighth
or twelfth sections,
SIC. 16. 1t shall be unlawful for any per
son 10 buy for or furnish To any penson who
il at the time intoxicated or in the habit o.
becoming intoxicated, or to buy or furnish
intoxicating Iianor. ANY person or per.nn.
violating this section, shall be fined not le-,
than fifty, nor more than one hundred dollars
SEC L. In all prosecutions under this ac
by indictment or Otherwise, il shall not b
necessary to state the kind OF liquor sold
and II shall not he necessary to state III.
name OF the person to whom sold, In al
cases the person or persons IT, whom intoxI
eating liquors shall be sold In violation O.
this act, shall be competent witnesses IL
prove such facts or any other taer'to.
SEC. Is. In all Prosecuiions under I'M
twelfth section OF this act, the fact that In
foxioating liquors are sold, bartersd or glvef
away in any building or premises, shaii h
deemed Prtmd Jce'e evidence oil the knowiedg'
on tire part OF the owner that the building
or premises were being used Tor the saie o
aforesaid. Also that copy OF the licens<
obtained for HE purpose Aforesaid. lie imme
diately furnished by the party obtaining INT
same, 70 owner or person or persons iettinf
the building or premises.
SEC: ~. In all prosecutions under this act
oy iDdicimen, or o'herwiss, snail not Dt
necessary to state the KIND oil liquor SOLD, OF
10 de'cfioe the pace wnefe soid' ana " sha'
not be necessary to stale The name Of th'
person 10 whom soid. In all cases. tne per
son or persons 10 ~hom intoxicating liquors
shall be soiu IN violation OF ibis ac'' snaii De
cohP tent "''".ses !" Pio'e S"eh ''e'' VI
,h,u ha snfFc;ont IN criminal p,ocoo.3;nu no
fore justices of the peace, or police court
under this act wnen apphcaoie' out may Ok
varied 10 SUIT .he nature OF .ne case: o'a,e y
sscoahty, Rs. De'o'e uie, -. ~ Ia