Dodge City times. [volume] (Dodge City, Kan.) 1876-1892, 1885-03-19

this act, the County Attorney snall forthwith file
such statement, together with his Complaint OF
Information agslnst the persOn hav ng commit; ed
the ofcnse, In some court of com, etent jurisdic.
ton, and such statement or te. timony together
with tue information or coup Amt Of such Coun.
ty Attorney. when verified by him on info matou
and belief. shall have The same f. Ct IS If such
information or complaint had been verified posi-
lively And thereupcn warrant shall issue fol
information, as il other C. iminal cas- s. and in
addition thereto shall command the officer "a
whom It may be directed, TO selz AMI take init
his custody, any and all Intoxicating liqnors
vessels and bottles Containing the same which he
may ind IN kuch persons possession: and safely
keep the same subject to the order of the Court:
Provided, The sworn statement OF the witne or
witnesses, as hereinbeiOre provided, and the COM
plai nj or information fled BY the County Attor.
uey. hall particularly describe the operly 10 be
s,lIs ana he place where kept; aud if Upon the
thai of such person he shall be convicted of VIC
lstin2 any o. 49, provisions OF Thu act
me Court SHAH order IS part II lis ju igmen.
In addition To the penalty herein pr.vIdei that
the 9TH er having The cu>tt dy IL. reof stall pub
ilcly destroy all such property nsad and EN- o, ed
Tor such illegal purpose: FrOrided The court shall
find and adjuige the property ss.z d was BE- ing
used and employed by the defeacan, Dr such IL
legal purposes.
SEC. 9. If the Statement, of any witness so .sken
before the county attorney Re In the last preced-
ing section Provided, shall disclose the fact that
intoX eating liquors are being kept for uniaH tul
sale OF purpose or are being told 10y an unknown
person or persons particularly describing suc b
unEnown person or Persons cohtrary 10 the pro-
Si cSsy OF s ss! Il any p. Place 10
searched. and the properly to be seized
as hereinafter PROVIDED within such ,oun-
ty. 1t III Ill be toe duty of such county attorney
forthwith file his compla mt or INTO; ina, iou, to
gether with such statement with some court of
competent juris1 ton, against sucn pSce and
the unknown keeper thereof, which informa-
ton or complaint, when verified by such county
attorney upon information and belief together
with gu. h statements rs aforesaid. shall have The
Sd me effect as if such Information or complaint
had been sworn TO positively. and thereu Oh u
warrant snail ISSUE directed to the proper ofticcr
commanding him 10 search the premises described
IN the information or com plant, and 10 seiZe ell
tanning the same and arrest the keeper or X ep-
er5 thereof; ana sad person PERSONS
when arraigDed before the court. shall
plead to his or their real name or
plant or Information, and il found guilty
shall be fined not less than one hundred do u
nor more than five hundred doll .rs, ana be i'm
prisoned in the county Jail not less than u i,ty
days nor more than ninety days and the cDaft
before whom such conviction may be had suall
also order all the property seized by the officer
court shall also lind and adjudge such prop, rty
was being USED by the defendant at the lia1ss of
such search and seizure for the purpose Of una:g.
fully selling or bar ering intoxicating iiquos
SEC. 10. Officers shall receive the same fee aud
mileage for serving subpenaS is ued by county At
terneys under the prov sions of this act, pro
vided in criminal cases and witnesses shall re-
ce1ve the same lees for attendance as provided
for witnesse, 10 cases before justices OF the ace
such fees shall be certified to the Bard of
County Commissioners by the County Attor
ney, and raid by the county witness
fees for attendance before gran jury. AL
eitnessts hall sttt nd upon the county attorney
In pnIsuan, to his sub, 9na, without the pay
may of any fees in a1vsnce Toe county atyof-
ney shall be allowed a fee of twenty i've dollars
upon each count upon which the defendant sha
be convit tel, and Inc same shall be taxed as
costs III the case, but the county shall in II,
be liable therefor. Upon all sums collected by
the county attorney on forfeited recOgnizances
under the provisions OF this act, he shall receive
twenty per cent thereof. Ii any prosecution be-
guu ~ the county attorney, or attorney general
or by cilizen with the written consent ami an,
prevail of the county attorney or attorney general
under the provisions OF this act, shall ia l. the
G lsts of such prosecution unles, otherwise Spe,-
flied herein, shalt be paid by the county in which
such prosecution or action was begun.
SEC II. 1t shall be the duty of the county attor-
ney TO diligently Prosecute any AMI all persons
lting any OF the provisions OF this act in their
respective counties, and 20 bring suit uoOn all
bonds recognizances forfeited, Immediately after
the happening OF such forfeiture to recover the
penalty ana pay all money so collected, less his
tee for collecting the same as herein provided :
into the school fund of ms county. Ii any coun-
ty attorney shall fail, neglect, or refuse to faith
fully perform any duty imposed upon him by this
act, he shall be emed guilty OF mis1emeanor,
and upon conviction thereof shall be fined In sny
sum not less than one hundred dol ars nor more
tQhQ uVe QuNUfSu COilar5, ana be imprisoned
the county Jail not less than ten days nor more
than ninety days; and such conviction shall oper.
ate Us forfeiture of his office anu The court be-
fore whom such conviction may be had shall
order and adjudge such fOrfeiiu e of Off in ad.
dition to the fine imposed as hereil provided.
And whenever the county attorney shall b., I'M.
able or shall neglect Or refuse to enforce the pro-
Wis OF this act in his county or Tor any reason
whatever the provisions of this act shall not be
enforced in any county, it shall be the duty of the
attorney general to enforce the same in such
many assistants az he shall see fit, and he and
his assistants shall be authorized to sign, verify
AMI file all such complaints, infOrmations petit
tions and papers as the county attorney is author.
lied to sgn verify or file, and to do and perform
any act that the county attorney might lawfully
do or perform and for such services he shall re-
ceive the same fees that the county attorney would
be entitled to for like services, to be taxed and
collected in the same manner.
SEC II. Any person who shall take or receive
any order for Intoxicating liquors from any per-
to sell the same as in this act provided, or any
person who shall directly or indirectly contract
for the sale of intoxicating liquors with any per
son In this State, oher than person authorized
to sell the same, shall be deemed guilty of mis-.
demeanor and upon conviction thereof shall be
punished therefor provided in this act for SELL
ing Intoxicating Liquors.
Is amendatory shall be and the same is hereby
amended 30 as to read a. follows: Section H. All
places where Intoxicating liquors are manufac-
IuIcu, SOlO U6ItcItu, Ol given away Ill VlOl6tIO0
of any of the provisions Of this act, or where in
toxicating liquors are kept for sale barter or de-
livery in violation of this act are hereby declared
10 De common nulSances and upon the judgment
Of any court having Jurisdiction. finding such
place TO be nuisa, ce 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, >hall be directed
to ehut up and abate such place by taking posses
sion thereof aud destroying all intoxicating
liquors found therein, together with all Signs
screens bars, bottles, glasses and other property
used IN keeping and maintaining said nn sance
and the owner or keeper Thereon shall. upon con
viction, be judged guilty of maintaining {
common nuisance, and shall be punished BY
ine of not less than one hunored dollars no,
more than five hundred dollars, and by imprisoE
ment In the county Jail not less than thirty day
nor more than ninety days. The attorney gen
ers county attorney, or any citizen OF the count,
Ohere such nuisance exists or is kept, or Is main
Gained, may maintain an action in the meme o
he Sta e TO aoate and perpetually enjoin thu same
The injunction shall he granted at the commence
uent OF the action, and no bond shall be required
Any person vislating the terms of any injunction
granted in such proceedings all be puDisheG
ts for contempt by q fine of not less than on
hundred. nor more than five hundred dollars o
oy Imprisonment, in the c. unity Jail not l. rs thai
thirty days nor more than six months, or by botr
such nne and imprisonment, in the discretion q
the court
SEC: "a That section twenty-one OF eaid &C,
shall be and the same is hereby amended 20 as e
read ~ follows: Section n. In prosecutions IN
der this act by Indictment or otherwise II shall
aot be Necessary to state the kind of liquor manu-
featured or Sold and shall not be necessary 10 de.
scribe the place where sold, except. in prosicu
lions for keeping and maintaining Q common
nuisance, or when lien l. sought to be estab-
iished against the place where such Liquors wert
illegally sold; and it shall not be Necessary Il
state the name of the person to whom sold; and Il
shall not be necessary in the first instance for the
state to prove that the party charged did not hav,
permit to sell Intoxicating liquors for the ex.
oepted purposes; and in al eases the person O.
,arsons % whom snch intcx'rati-e I'n-c-e or"
have been sold In violation Of this Go Ghal1 b
competent witnesses to prove such fact, or any
other fact tending thereto; and the memberl,
ton mentioned in section sixteen Of the oct to
which this act is amendatory, shall be competent