The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1885-03-13

Of the provisions Of this act, 1t shall
be his duty forthwith to diligently
and for such PURPOSE he Il hereby snshor.
lied and required to issue his subpoena for
such person or persons as he may have
reason to believe have any information or
knowledge of such violation. to appear be-
fore him at time and place DESIGNATED In
such subpoena, then and there to testify con.
corning any violations of this act; said
| subpoena shsil be directed TO the Sheriff or
any Constable of the county, and shall be
served and returned to such County Attorney
in the same manner as subpPnas are served
ness shall be sworn by the County Attorney
| to testify the truth, the whole truth, and
nothing but the truth, and true answer make
to all questions which may be propounded to
him by such County Attorney touching any
violations of the provisions of this act, or the
act to which this Is amendatory. The testi-
duced to writing and signed by such wit.
| ness, as in the taking of dispositions in civil
/ cases. For all purposes in this section the
| County Attorney Is hereby authorized and
| empowered to administer oaths or affirma-
! lions to all witnesses, and shall have power
| to punish any witness for contempt for or on
| account of any disobedience of subpoena,
a refusal to be sworn or answer as a witness,
| or to sign his testimony, and may compel
| the attendance of witnesses by attachment
in the same manner and with like effect as
| provided in the code of civil procedure. Ii
| the testimony SO taken shall disclose the
fact that an offense has been committed
against any Of the provisions Of this act
! the County Attorney shall forthwith Hle
| such statement, togerher with his cOmpa mt
or information against the person having
committed the Offense, in some court of &C IN
| testimony, together with the information or
complaint of such County Attorney.
when verified by him on Information
and belief, shall have the same effect
as if such information or complaint Fad
| been verified positively. And thereupoh Il
warrant shall issue for the arrest of the per-
| son or persons named in such information,
as in other criminal cases, and in addition
| thereto shall command the officer to whom
| it may be directed, to seize and take into his
custody. any and all Intoxicating LIQUORS,
| he may find in such persons possession; and
| safely keep the same subject to the order of
the court: Provided, The sworn statement
| of the witness or witnesses, rs hereinbefore
| provided, and the complaint or Information
| tiled by the County Attorney SHALL particu-
lariy describe the property to be seized, and
! the place where kept; and If upon the trial
of such person he shall be convicted of vIo-
lating any of the provisions of this act, the
court shall order as n part of his judgment,
IN addition DIT to the penalty herein provided
shall publicly destroy all such property used
and employed for such Illegal purpose: Pro-
vided, The court shall find and adjudge the
property SO seized was being used and en-
ployed by the defendant for such illegal pur-
poses.
SEC. 9. If the statement of any witness so
y,
last preceding section provided. shall dis
close the fact that intoxicating liquors are
being kept for unlawful sale or purpose. or
are being sold by au unknown person or per-
person or persons, contrary to the gro
visions of this act. at any place, particu-
larry describing the place to be searched,
and the property to be seized, as hereinafter
provided, within such county. it shall be Che
duty of such County Attorney to forthwith
file his complaint or informatan, together
wit Inl Sfnfn .sE
competent Jurisdiction against such place
and the unknown keepers thereof, which in
formation or complaint, when verified by
such County Attorney upon information
and belief, together with such statements as
aforesaid, shall have the same effect as IL
such information or complaint had been
sworn to positively, and thereupon war
rant shall issue, directed TO the proper Off
Ger. commanding him to search the premises
described in the information or complaint
and to seize all intoxicating liquors and all
vessels or bottles containing the same, and
arrest the keeper or keepers thereof; and
said person or persons, when arraigned be-
fore the court shall plead to his or their real
upon said complaint or information. and il
found guilty, shall be fined not less than 500
nor more than $500, and be imprisoned in the
County jail not less than thirty days nor
more than ninety days; and the court before
whom such conviction may be had shall also
order all the property seized by the officer
as aforesaid to be publicly DESTROYED: Pro-
such property was being used by the defend
ant at the time of such search and seizure for
the purpose of unlawfully selling or barter
ing Intoxicating liquors.
SEC. 10. Officers shall receive the same
fees and mileage for serving subpPnas issued
by County Attorneys under the provisions of
this act. as provided i'm criminal cases. and
witnesses shall receive the same fees for ut.
tendance as provided for witnesses in cases
before Justices of the Peace. Such fees
shall be certified to the Board of County
sion Ix-f
paid by the county as witness fees for
attendance before grand jury. All
witnesses shall attend upon the County At
torney in pursuance to his subpoena, without
the payment of any fees i'm advance The
County Attorney shall be allowed a fee of
twenty-five dollars upon each count upon
which the defendant shall be convicted, and
the same shall be taxed as costs in the case.
but the county shall in no case be liable |
therefor. Upon all sums collected by the |
County Attorney on forfeited recognizances
under the provisions of this act, he shall re- |
ceive twenty per cent. thereof. If any pros |
ecution begun by the County Attorney or |
Attorney General. or by citizen with the |
written consent and approval of the County |
Attorney or Attorney General. under the |
provisions of this act shall fail, the costs of |
such prosecution, unless otherwise specified |
herein, shall be paid by the county in which |
such prosecution or action was begun.
SIC. II. 1t shall be the duty of the County |
Attorney to diligently prosecute any and all |
persons violating any of the provisions of |
this act in their respective counties and to |
bring suit upon all bonds or recogniZances |
forfeited, Immediately after the happening |
of such forfeiture, to recover the penalty |
collecting the same rs herein provided, into |
the school fund of his county. If any County |
Attorney shall fail. neglect, or refuse to
faithfully perform any duty imposed upon |
him by this act, he shall be deemed guilty of |
a misdemcanor, and upon conviction there
of shall be fined in any sum not less than one
hundred dollars nor more than five hundred |
dollars, and be imprisoned in the county Jail |
not less than ten days nor more than ninety
days; and such conviction shall operate as
Before whom sSeh ena ins
may be had shall order and i'd
judge such forfeiture of Office in addition to
the fine imposed as herein provided And
able, or shall neglect or refuse to enforce
the provisions of this act in his county, or
for any reason whatever the provisions of
this act shall not be enforced in any county,
il shall be the duty of the Attorney General |
to enforce the same i'm such county, and for
that purpose he may appoint as many assist
ants shall be authorize to sign, verify and
file, all such complaints, infOrmatiOns, petit
ons and papers as the County Attorney
is authorized to sign, verify file,
and to do and perform any act that the
County Attorney might lawfully do or per-
form; and for such services he shall receive
the same fees that the County Attorney
would be entitled to for like services, to be
taxed and collected in the same manner.
SEC. Il. Any person who shall take or re-
ceive any order for intoxicating liquors from
any person in this State, other than a person
authorized to sell the same as in tn act pro-
vided. or any person who shall directly or in
directly contract for the sale of Intoxicating
liquors with any person in this State, other
than u person authorized to sell the same,
snail be deemed guilty of misdemeanor
and upon conviction thereof shall be pun
shed therefor as provided in this act for SELL
ing intoyicatiSy liquors.
SEC H. That sect ON ID of the act to which
this amendatory shall be and the same is