The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1881-02-25

ceeding FIVE hundred dollars, and on
such conviction shall be deemed TO be
removed from office. IF In any pros
ecution begun by the county attorney IN
der the provisions of this section there
shall be failure to convict, the proper
costs of such prosecution shall be paid by
the county in which such prosecution was
begun Ii shall be the duty of the county
attorney, under penalty of forfeiture Of
his Office, TO prosecute any and all
persons guilty of any violations of the
provisions of this act, and for each sue
ccssful prosecution he shall be allowed
fee OF fifteen dollars, which shall be
taxed as costs in the case, but the coun-
ty in no case shall be liable therefor.
The county attorney shall bring suit on
all bonds forfeited under the provisions
of this act, Immediately upon the hap
| pening of such forfeiture, 10 recover the
penalty thereof; and all moneys collect
ed thereon shall be paid into the school
| fund of the proper county. The county
attorney shall be allowed = fee of ten
| per cent. upon sill moneys so collected
by him, to be paid out of The same.
| SEc. I3. All places where intoxicating
| liquors are manufactured, sold, bartercd
or given away in violation of any of the
provisions of this act, or where intoXi-
| eating liquors are kept for sale, barter or
use la violation of this act, are hereby
1 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 sheriff, or any con-
stable of the proper county, or marshal
| of any city where the same is located,
shall I've directed to shut up and abate
such place, and the owner or keeper
| thereof shall, upon conviction, be ad-
judged guilty of maintaining a common
| nuisance, and shall be punished by flne
OF not less than one hundred dollars nor
| more than five hundred dollars, OF by
| imprisonment III the county Jail not less
than sixty days. nor more than ninety
days or both by snch fine and imprison-
| ment.
SEC. IA Every person who shall, by
| the sale, barter, or gift of Intoxicating
liquors, cause the intoxication of any
ether person or persons, shall be Liable
for, and compelled to pay, reasonable
compensation to any person who may
take charge of, and provide for, such in
toxicated person, and five dollars per
| day in addition thereto for every day
such intoxicated person shall be kept in
consequence ofsuch intoxication, TO be re-
covered by civil action in any court hav-
| ing jurisdiction.
SIC. ID. Every wife, child, parent,
| guardian, or employer, or other person,
who shall be injured in person or prop
erty, or means of support, by any intox-
icated person, or in consequence of in
toXication, habitual or otherwise, ofany
person, such wife, child, parent or guar
dian shall have right of action, in his
or her own name, against any person
| who shall, by selling, bartering or Civ
ing Intoxicating liquors, have caused
the intoxicatien of such person, for all
damages actually sustained, as we'll as
for exemplary damages; and married
woman shall have the right to bring
suits, prosecute and control the same,
and the amount recovered, the same as If
unmarried; and all damages recovered
by minor under this act shall be paid
either Ia such minor, or TO his or her
parents, guardian or next friend, as the
court shall direct; and all suits for dam
ages under this act shall be by civil ac-
tion in any of the courts Of this state
having Jurisdiction thereof.
SEC. 10. Every person who shall, di-
rectly or indirectly, Keep or maintain,
by himself or by associating or combin
ing with others, or who shall in any man.
ner aid. assist or abct in keeping or
maintaining any club room or other
place in which any intoxicating liquor is
received or kept for the purpose of use,
gift, barter or sale'as a beverage. or for
bers of any club or association by any
means Whatever, and every person VINO
shall use, barter, sell or give away, or
assist or abct another in barterinC, sell
ling or giving away, any Intoxicating
liquors so received or kept, shall be
deemed guilty of misdemeaDor, and
upon conviction thereof shall he pun
ished by fine of not less than one hun
dred dollars nor more than five hundred
/ 1oll I,x-tsr
ty Jail not less than thirty DAYS nor more
than six months.
SEC. II. The giving away Of intoXi
eating liquor, or any shifts or device Ia
cvade the provisions of this act, shall be
deemed an unlawful selling within tho
provisions of this act.
. SEC. IL. All fines and costs assessed
against any person or persons for any
violation of this act shall be lien upon
the real estate o! such person or persons
!, until paid; aud in case any person or
persons shall let or lease any building
or premises; and shall knowingly suf-
: fer the same 10 be used or occupied for
+ the sale of intoxicating liquor, contrary to
. the provisions of this act, the premises 50
. leased and occupied shall be subject
TO a lien for and may he sold TO pay all
fines and costs assessed against any such
occupant for any violation of this act !:
|
action in any court having Jurisdiction :
Provided, That the person against
whom such fines and costs are assessed
shall be committed TO the Jail of the
county until such fines and costs arc
paid.
SEC 10 It shall be unlaw: ul for any per-
son TO get intoxicated. any and every per-
son found in a state OF intoXication shall,
upon conviction thereof, before any jus
A.. a., H.
five dollars. or be imprisoned in the
county Jail not exceeding ten days.
SEC 90 Whenever application Is
made TO the probate judge for permit
) TO manufactured or TO sell intoxicating
liquors, under the provisions of this act
he shall notify the county attorney there
of, and thercupon such county attorney
shall appear and advise with said pro.
bate Judge, with reference to the issu-
| ance of said permit, and the approval OF
the bond. No person who shall inform
of offenses under this act, or make COM
J plant therefor, shall be liable for the
costs incurred in such prosecution, IN
! less the court or jury trying the case
shall find and determine that such pro-
secution was malicious and without
probable cause.
SEC. 81. In all prosecutions under
this act, by indictment or otherwise. it
: shall not be necessary to state the kind
5 of liquor manufactured or sold, but
/. shall be necessary to describe the place
where sold, and Il shall not be necessary
, to state the name Of the person 10 whom
; sold; and in all cases the person or per
: sons 10 whom such intoxicating liquors
shall be sold in violation OF this net
: shall be competent witnesses TO proye
5 such fact, or any other fact tending
e thereto. And the members, sharehold
!, ers or associates in any club or associ
!. atiOns mentioned in section sixteen oil
5 this act shall be a competent witness "a
prove any violation Of the provision al
: said section, or of this act. or of any fact
J tending thereto.
ri SEC. %. II shalt be and is hereby
/ made the duty of all courts of this state
]. before whom "a grand jury is summoned
r Ia charge such grand jury especially
: concerning this act, and direct sand jury
!, TO inquire particularly Of s!l violations
j. 0f any Of its provisions.
Q SEC. ~. Chapter 80 Of the genaral
6 statutes of 1853, and all acts and parts
] of acts in conflict with this act, arr
e hereby repealed.
? SIC. "a. This act shall be immediate
I ~ published in the official state paper
n and take effect and be in force from and