Western Kansas world., 1885-03-21


ty Attorney. when verified by him on information
and belief, shall have the same ef.ct as if such
Information or complaint had been verified posi-.
lively. And thereupOn warrant shall issue for
the arrest OF tie person or persons named in such
Information, as In other G imiaal cas- 8, and in
addition thereto shall command the officer to
wh hom Vt may be directed, 10 seiz and take into
lis custody, any and all Intoxicating liquors,
vessels and bottles Containing the same which he
may find In tuch persons poesess.un: ana sgrel!
keep the same subject to the order of the Court
witnesses. as hereinbeiore provided, and the com
plant or information fled by the County Attor
icy .hal particularly describe the p oper'y 20 b,
81 Il; 1. and The place where kept; AID if upon th'
TIA. . 81 s%sh q ne's2a 1 ne s1s g sony'cea of v1o
he Court shai! order e part Of is ju .lne.''
In addition to the penalty nerein ifrHie ~
the off er having the Gust d t-i,rcot aGa, ia
licly destroy all huch property nsnd and empo. q
tor such illsgsi purpose: irorided, The court sha
used and employed BY the defendant for such IL
legal purposes
SEC 8. II the statement of any witness so .ake1
before the county attorney as in the last preced
ing section provided, shall disclose the fact tha
intoxicating liquors are being kept for rnlawfu
sale or purpose, or are being FOLD by an unknown
Unknown person or persons, contrary TO the l:o
ticuls1ly dsnIibing The place 10 b
as hereinaf er proviltd, Within such q oun
ty, 1t III Ill be toe duty of such COZ ny attorney
forthwith file his compla nj or intO' maion, to
gether with such statement, with soma court OF
competent jurisdiction, against such place and
the unknown keeper thereof, which informa
tion or complaint, when verified by such count
attorney upon information and beict together
with ku statemen as Aforesaid. shall have to.
S. me fleet as If such informas.on or complain.
had been sworn TO positively. and thereu on b
warrant shall issue, directed to the proper Office
commanding him 10 search the premises describes
in the inform alton or complaint, sni seza i
tsf su ths sahs Ans st FL s ec
er, thereof; ana sad person or persOns
when arraigped b. fore th, court. shsi
names, and lhall be Tried upon said com
plant or Information, aud If found guilt.
shall be fined no; less than one b lndred dOila
nor more than i've hundred doll ,rs, and be i'm
prisoned in the county Jail not less than thirt
days nor more than ninety days and the coII
before whom such onvlcuon may be had, Shal
slso order ali the property izel by the offer
afore> aid to be puolicly destroyed: Provided Sad
court shall also tnd and adjudge such propert
was being used by the defendant at the time o
such search and seizure for the purpose Of unlaw
fully selling or bar ering intoxicating liquors.
SEC. 10. Officers shall receive the same fees aLd
mileage for serving subpenas isSued by county at
terneys under the prov siOns of this act as pro
vided in criminal cases, and witnesses shall re-
ceive the tame ices for attendance as provide
for witnesses in cases before justices OF the ace
Such fees shall be certified to the Board OF
County Commissioners By the County Attor
fees for attendance before a grant jury. Al
Witness shal stt nd upon the county at orney
Ia p IIsuan' e to his sub oena, without the pay
ney shall b. allowed a fee of Twenty-Five dollars
upon each count upon which the defendant sha
be convi te 1, aud the same shall be taxed as
costs IN the Case, but the county shall In 10 case
be liable therefor. Upon all sums collected by
the county attorney on forfeited recognizances
under the provisions of this act he shall rec. i've
gun = the county attorney, or attorney general,
or by q ciIizen With the written consent ana ap
proval OF the county attorney or attorney general
under the provisions OF this act, shall ia l. the
costs Of SUCH prosecution, unless Otherwi spec
lnea neieln, snau De paid by the county In which
such prosecution or action Wa, begun.
SEC. II. II shall be the duty OF the county ettor
ney TO diligently pros cute ans an l all persons
VOL ting any OF the provisions OF this act in their
respe tive counties, aud 10 bring suit UPON all
bonds recoguizances forfeited, Immediately after
the happening of such forfeiture to recover the
penalty and pay all money SO COL. ctel less his
into the sch ol fund of n county. If auy coun-
ty attorney shall fail, neglect, refuse to aith
fully perform any duty imposed upon him by this
ACT, he sh al be d emed guilty OF misd-meauor,
and upon conviction there f shall be fined in any
sum n t less than one hundred dollars nor more
than five hundred dollars and be imprisoned in
the coun y j all not less than ten days nor more
than ninety days; and such conviction shall oper.
ate as forfeiture OF his office, an the court be-
fore whom such conviction may be had shall
order aud a1judge such forfeiiu of Off = in ad
AMI whenever the county attorney shall b: un
able or shall NEGLECT or refuse to enforce the pro-
VI, Ons OF this &C. In his county or for any reason
whateverthe provisions of this act tha not be
enforced in any county, ii shall be the duty OF the
attorney general to enforce the same in such
county, and for that purpose he may appoint as
many assistants as he shall see fit, and he and
his assistants shall be authorized to sign, verify
an file all such complaints, informations. petit
tions and papers as the county attorney i, author.
ize to sign, verify or file and to do and perform
ont fhn 10. f,ll~v
do or perform and for su b services he shall re-
ceive the same fees that the county attorney would
be entitled to for like services. to be taxei and
collected in the same manner.
SEC II. Any p ,rson who shall take or receive
any order for intoxicating liquors from any per.
son In this State, other than person authorized
person who shall directly or indirectly Contract
for the sale of intoxicating liquors with any per
son In this State, o her than person authorized
Se@e.noT, nor and and upos CONVICTION .Sereof shah Se
punished therefor provided in this act for sell
Ing intoxicating liquors.
SEC 13 That seci n l3 OF the act to hlch thi.
is amenda,ory shall be and the same is hereby
amended so as 10 read as follows: SEC 13. Al
places where Intoxicating liquors are manufac
tured, sold, bartered, OK given away in violation
OF any of the provisions OF this act or where in
toxcating liquors are kept for Sale, barter or de
livery In violation Of this act. herebv dec,srcd
to Be common nulsances, and upon the judgment
of any court having Jurisdiction. finding such
place to be O 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, thall be directed
to ehut up and ahate such place by taking posses
sion thereof aud destroying all intoxicating
| liquors found therein, together with all Signs,
screens, ba, o. bottles glasses and other property
used IN keeping and maintaining said nuisance,
and the owner or keeper thereof shall, upon con-
viction, be judged guilty Of maintaining .
common nuisance, and shall be punished by Q
! fine of not less than one hundred dollars nor
| more than five hundred dollars, and BY imprison-
ment In the county Jail not less than thirty days
nor more than ninety days The attorney gen.
ersl county attorney or any citizen OF the county
where such nuisance exists or Is kept or main.
I tained, may maintain an action in the name Of
the Sta TO abate and perpetusly epj DIN tn.
/ The injunction shall he granted at the commence
ment Of the action, and no bond shall be required.
| Any person violating the terms of any injunction
| granted in such proceedings sh all be punished
| as for contempt by fine of not less than one
| hundrtd, nor more than five hundred dollars, OF
by imprisonment in the unity Jail not !. 8 than
thirty days nor mere than six months, or by both
such 6ne and imprisonment, in the discretion Of
| th- court
SIC H. That section twenty-one of raid &C,
| shall be and the same Is hereby amended % as Ia
| read ss folio ws: Section o. In prosecutions un.
der this act by Indictment or otherwise il shall
not be necee y to state the kind of LIQUOR manu-
factured sold. and shall not be necessary 70 de
| scribe the Place where sold, except in prosicu
| tions for keeping and maintaining Q common
! nuisance, or when q lien l. sought to be estab
| lished against the place where such liQnors wer<
Ill, GallV gOld. and IL nhall not bo neressarv