The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1881-02-24

TO renew such bond, and Ii default Of
his giving . new bond, with sureties,
to the satisfaction Of such Probate
Judge after having been % notified,
he shall forfeit his permit to manufhc-
ture and sell intoxicating liquor under
this oct such forfeiture shall be de-
clared by such Probate Judge and en-
tered Of record I'm said probate court.
Sec. 12. 1t shall be the duty Of all
sheriffs, uRder-sherifis, deputy sherifis,
constables, narshals and police officers
OF cities or towns. having any notice
or knowledge Of any violation Of the
provisions OF this act, to notify the
County Attorney Of the county Of the
fact Of siIcl, violation, with the name
of any witnesses within his knowledge
by whom such1violation can be proven.
III any such officer shall fail in any
ease to comply with the provisions Of
this section. he shall, on conviction
thereof. he adjudged guilty of a mis-
deineanOr, aud finesl In any sum not
exceeding. one hundred dollars, and
such conviction shall be deemed re-
mOval Of such officer from Office. II
the County Attorney Of any county
shall be notified by any Odicer or other
persons Of any violation Of the provis-
ions Of this act. II shall be his duty to
forthwith diligently inquire into the
facts of such violation, and IL there is
reasonable ground for instituting
prosecution, it shall be the duty Of
Count Attorney to file q COM
plant in writing before such court
Of competent jurisdiction, charging
the suspected person of such ofiense,
aud shall verify such complaint by
affidavit, but Ii shall be sufficient to
state i'm such affidavit that he believes
the facts stated in such complaint to
he true. III any County Attorney
shall fail or refuse To faithfully Rer-
form any duty imposed upon him by
this act, he shall be deemed guilty Of
a misdemeanOr, and on conviction
thereof In the District Court shall be
fined in any sum not exceeding five
hundred dollars, and on such convic-
ton snail be deemed to be removed
f,o:n Office. II In any prosecution be-
gun by the County Attorney, under
the provisions Of this section, there
STALL be u failure to convict, the prop
er costs Of such conviction shall be paid
by the county i'm which such prOsecu-
ton was begun. 1t shall be the duty of
thC Souuty &htkoihCys uuuCi Ychuity VI
forfeiture of his Office, to prosecute any
of the provisions of this act, and for
each successful prosecution he shall be
allowed a fee Of fifteen dollars. which
the county shall In no case be liable
therefor. The County Attorney shall
bring suit upon all bonds forfeited I'M
4, Tat .xr ~. c&
diately upon the happening of such
forfeiture, to recover the penalty there
Of; and all moneys collected thereon
shall be paid into the school fund Of
the proper county. The County AT
tOrney shall be allowed fee Of ten per
cent. upon all moneys SO collected by
him, to be paid out of the same.
SEC. l3. All places where intoxicat-
ing liquors are manufactured, sold,
bartered or given away IN violation of
any Of the provisions OF this act, or
where Intoxicating liquors are kept
for sale. barter or use. in violation OF
this act, are hereby declared to
be common nuisances; and upon
the judgment of any court having
Jurisdiction, finding such place to
be nuisance under this section,
the Sheriff, his deputy or under-sherif,
or any constable Of the proper county,
or marshal of any city where the same
is located, shall be directed TO shut up
and abate such place, and the owner
thereof shall. upon conviction, be ad-
judged guilty Of maintaining a com
mon nuisance, and shall he punished
by fine of not less than one hundred
dollars nor more than five hundred
dollars, or by imprisonment in the
county Jail not less than sixty days nor
more than ninety days, or by both such
fine and imprisonment.
SEC. II. Every person who shall, by
the sale, barter or gift OF Intoxicating
liquors cause the intOXicatiOn of any
other person ar persons shall lie liable
for, and compelled to pay, reasonable
compensation to any person who may
take charge of, and provide for, such
intoxicated person, and five dollars per
day i'm addition thereto for every day
such intoxicated person shall be kept
in consequence OF such intoxication,
to he recovered by civil action i'm any
court having jurisdiction.
SEQ. H. Every wife, child, parent,
guardian ar employer, ar other person,
who shall he injured in person or prop
erty. or means Of support, by any in
toyicated person, or In consequence of
intOxication, habitual or otherwise, of
any person. such wife, child, parent
or guardian shall have right of ac-
tion, in his or her own name. against
any person who shall, by selling. bar
tering or giving intoxicating liquors,
have caused the IntoxicatiOn of such |
person, for all damages actually sus-
iained, a. well rs for exemplary DANA
gees; and q married woman shall have
the right to bring suits, prosecute and
control the same, and the amount re- |
covered, the same rs IL unmarried; |
and all damages recovered by u minor |
under this act shall be paid either to
such minor. or to his or her parents.
or next friend, as the court
shall direct; and all suits for damages
under this act shall be by civil action
In any of the courts Of this state hav-
ing Jurisdiction thereof.
SEC. III. Every person who shall,
directly or indirectly, keep or main-
tain. by himself or by assOciating or
with others, or who shall
in any manner aid, assist or abet in
keeping or maintaining any club-roOm
Or other place i'm which any intoxicat-
ng liquor Is received or kept for the
purpose Of use, gift, barter or sale rs
beverage, or for distribution or divis-
on among the members Of any club or
by any means whatever;
md every person who shall use, bar
er, sell or give away, or assist or abet
mother in bartering. selling or giving
way, any Intoxicating liquors so re-
.eived or kept, shall be deemed guilty
II misdenieanor, and, upon c0nvic-
ion thereof, shall be punished by q
Inc Of not less than one hundred dol
ars nor more than five hundred dob
ars, or by imprisonment in the ooan-
y Jail not less than thirty days nor
more than six months. IL
SEC II. The giving away of intoxi-
ating liquor, or other shifts or device
o evade the provisions of this act,
hall he deemed an unlawful selling
within the provisions of this act. Ii
SEC. Is. All fines and costs assessed I
gainst any person or persons for any
collation. of this act shall be lien up
u the real estate of such person or
ersons until paid; and In case any
erson or persons shall let or lease any
uilding or premises, and shall know.
lgly suffer the same tn be used and
coupled for the sale Of intoxicating
quor, contrary to the provisions Of
his act, the premises SO leased and Oc-
lpied shall he subject to q lien for )
nj may be sold to pay all fines and
osts assessed against any such Occu-
ant for any violation Of this act; and
Ich liens NAV be enforced by civil I