Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1885-03-21


eIlm1aal cases Each witness shall Be sworn By /
whole TRUTH AID nothing but the truth. and true 4
answer make % All questions which may De prO-
ing any violations Of The provisions Of this act
OF me act 10 which this is amsudatory. The tes-
writing ana signed by such Witnesses. as in the I
taking Of depOslEiOns In civil ca~es For all pur-
hereby authorized and empowered 70 adminfster /
oaths or aI1rmations TO All Witnesses, and shall /
Tor or on account Of any di-0bediencs Of q su0- /
poenes reiussl 10 be sworn or answer IS g Wit /
the attendance Of witnesses BY attachment in me
Tns Code OF efvIi fbs i tls{f5f1 =
taken shall disclose che fact that an Ofehsa mas
this act the County Attorney shall forthwith Gle
sucn statement together with his complaint or
information against the person having committed
the Ohense In some court of comuetsnt iurisdio- |
uOns ana Sach statement or testimony. together {
with the Information or complaint Of such C}un-
~ Attorney. when verified bv hfu On information
ana belief shall have the same tff>ct as If such
information or complaint had been verified D0s- I
lively. And thereuBon a warrant SNAIL issue f0r
the arrest Of the person or persons named in such
inform alton, as in other Criminal casss and IN
addition thereto shall command the Cficer Ia
" HON ltmay be directed. TO seiz4 ana take into
his custody, any and an iutOxicating LIQUORS
vessels and bottles containing the same which be
may md in such persons possession: and safely
Keep the same subject 70 the order Of the Court:
Witnesses. as hereinbetOre provided and the COM
plant or information filed by the County Attor-
u y
stiz J. ana The place where kept; and If upon the
tElal OF such person he shall be convicted of VIC
ihe Court shall order as q part of his judgment
ia GodlJion 20 the penalty herein provided that
the ON ler having the custody thereof shall puo-
lcIy destroy ali such property nsrd and emDtOs ed
Tor such Illegal purpose: FrOgIlcd me court snail
ind and adjudge the property 50 seized was being
qseo ana employed by the defendant for such IL
legal purposes
SIC. 9. If the statement OF any witness so aiken
before the county attorney as in the last preced-
ing section provided SHAH disclose the fact that
al Ma fF
sale or purpose or are being sold by an unknown
person or persons, particularly describing such
visions OF ms act, Gt any place, par
ncuierly describing the place 10 be
searched and the property TO DO seized
as hereinafter provided, within such COuu-
forthwith fle his complaint or information, to-
geJher with such statement. with some court of
competent jurisdiction, against sucn place and
the unknown keepers thereof, which informa-
ton or complaint, when verified by such county
attorney upon information and belief together
with Euf b statements as aforesaid shall have the
same effect as If such information or complaint
had been sworn TO positively, and theTeuuOu
warrant shall ISSUE directed to the proper officer
commanding him 10 search the premises described
in the information or complaint, ana Z. sa,Ze III
tanning the same ARES lie hyyl,.r GA Il ..,-
ers thereof ana SAD person q pe.s1us
when arraigned b-f1re thu oOuu shall
names and shall be Tried upon sid com
UIsrrrT ar inf1rmsfi0n and il fo,fn1 ,I,1iTy
snail be fined not less than one INDEED 40 al .
nor more than five hundred dol r., auu be in
priSOued in the county jail not les LhEI IulrLs
DAYS nor more than ninety DAYS and the CJIU
before whom such convection nav be hlld snail
also order all the property sliz5l BY tie otIa
aforesaid to be pu0licIy destroyed: PruUll5L Sa
/ court shal also md and adiudgs su.h l,rou IL,
J was being USED by the defendant at the tilue Of
such search ana seizure for the purpose Of uulaF-
fully selling or bar. ering lntoyicatIfg IiGu0rs
SEC. 10. Oticers shall receive the same fec and
mileage for serving SubpenaS is,ued by county
/ terneys under the provisions OF t.is act rs pro
Vidsd in criminal cases, and witnesses shall re-
/ ceiVe the same lees for attendance as provided
for witnesses in cases before justices OF he o. ace
I'D 81 IT
County Commissioners By the County AttOr
/ ney, ana paid by the county as witness
/ fees for attendance before q grant Jury.
Witness shall att nd upon the county at O.uey
/ ia p s1suan.e TO his sub Osna, withou the pay
may of any fees IN 1vsnUe Tne county aLIJr-
! uey shall Be allowed a fee of twenty ave dollars
! upon each count upon which the defendant sha
/ be cOnViCteI, aud The same snail be taxed as
/ costs in the Case but the county shall 10 n case
/ De liable tnereIOT. upon All sums collected by
| the county attorney on forfeited recOguiZauc-s
under the provisions OF this act, he gBall rec i've
! twenty DeT cent thereof III any prosecution. be-
/ gun y the county attorney, or attorney general,
/ or by cidZen with me written consent AMI sP
prOVal of the county attorney or attorney gen-r.,
/ under tue provisions OF this act, sha ia J. the
ists of sucn prosecution, unless otherwise pee
| lned herein, snail be paid by the county in which
| such prosecution or action was begun.
SEC II. IL shall be the duty OF the county attOr-
ney 70 diligently prosecute any an / all persons
| respect tive counties, and 10 bring suit uJOu al
/ bonds recOguizances for cited, Immediately after
! penalty ana pay ala money so collected, less mis-
/ lee for collecting the same as herein prov dgd.
" attorney shall fail neglect or refuse 20 alIh-
I fully perform any duty Imposed upon him bg tins
and upon conviction there fshan be fined in any
sum not less than one hundred dol ars nor moe
1 the county Jail not less than ten days nor more
than ninety days; and such conviction shall OpeI.
ate as forfeiture Of his ONCE ami the court be-
fore whom such conviction may be had SHAH
order aud adjudge such fOrfsiIu e of OH e in sd
And whenever the county attorney shall b uu
able, or shall NEGLECT refuse 10 enforce the pro-
/ yFhateverthz provisions of ms sct eha / nuI be
enforced in any county IL shall be the duty of the
attorney general 20 enforce the same IN s1cn
county, and for that purpose he may appoint as
many assistants as he shall see ut, ana he and
his asaisJaats shall be authorized TO sign, verify
/ an file all such complaints, infOrmatious petit
tons and papers as the county attorney is author.
izel TO sign, verify OF hleB and 70 do and perform
do or perform and for su IN services he shall re-
ceiVe the same fees that the county attorney won
be entitled 70 Tor IKE services, 70 be taxed and
coll, cJed in the same manner.
SEC y. ANY person who shall take or receive
any order tor intoxicating liquors from eny per,
I son in this State, other than DeTs authO I'D
to sell the same as in this act provided. or ANY
| person VINO snaA dlrrcLly or indirectly contract
I for the sale of tutOX eating liquors with any per
son ia this State, o her than person authorized
70 sen the same, snali % deemed guilty o. q ms
demeanor, aud upon conviction thereof shall bt
punished therefor as provided in this act for sell
| ingiuLOZicaiug liquors
SEC - That seci IA Is Of the act to which ihi
Is amendatOry shall be and the same is hercb!
amended so as 10 read as follows sc Ion il. Al
places where int0Xicat ing liquors are mHuuii nc
LuFcuy Solo, DAfttre0 or gwen away IA F'O-atlyl
OF any OF the provisions OF This act or ""ere lt
toZlCat1ng liquors are kept for sale. bIreT. or dc
III cry In violation Of This act are -rgb. dec are
10 be common nulsencea- ana upon the judgments
Of any court having jurisdiction. finding such
place 10 be q nuisaI &c under this section, he
Sheriff his Deputy, or Under Sheriff or any Con
stable Of the proper county or 4arshal Of any
city where the same is located, Ahal be directed
% shut up and aOate such place Dy taxing posses
sion thereof aud destroying all intoxicating
liquors !. und therein, together with all 'gns5
screens oa' 8, bottles glasses ana Olh-r properly
8 / used IN keeping and maintaining said uu sauce,
and the owner or keeper thereof shall, upon con
{ [ VictiOu, be a judged guilty Of maintaining q
! ] common nuisance and shall be punished By q
1 fine Of not less than one hunorsd dollars uOE
: ! more than five hundred dollars, and by impris0n,
{ ment in the county jail not less than lhiry days