The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1885-03-12

of the provisions of this act, it shall
be his duty forthwith TO diligently
inquire into the facts of such violation.
and for such purpose he is hereby author.
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 a urQe and place designated in
such subpoena, then and there to testify con-
cerning any violations of this act; said
subpoena shall 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 subpRnas are served
and returned in criminal cases. Each wit
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-
mony OF every such witness shall be re-
duced TO writing and signed by such wit
ness. rs 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 afhrma-
tons 10 all witnesses, and shall have power
to punsh any witness for contempt for or on
account of any diSobedience of 4 subpoena.
a refusal to be sworn or answer as witness
or TO sign his testimony. and may compel
the attendance of witnesses bv attachment
in the same manner and with like effect as
provided IN the code of civil procedure. If
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 dlc
such statement, tOgerher with his compla' Mt
or information against the person having
committed the OtfenSc. in some court of &C m
petent jurisdiction, and such statement or
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 thercupon
warrant shall issue for the arrest of the per-
son or persons named in such information,
rs in other criminal cases, and in addit on
thereto shall command the officer to whom
il may be directed, to seize and take into mis-
custody, any and all intoxicating liquors.
vessels and bottles containing the same wh-ch
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, aS herenbefOrc
provided, and the complaint or information
nled by the County Attorney SHALL partiCu-
larry describe the property to be seized, aud
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 rs part of his Judgment,
IN addition TO the penalty herein provided.
that the officer having the custody thereof
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. Q. If the statement of any witness so
taken before the County Attorney, as in che
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-
sons, particularly describing such unknown
person or persons, contrary to the PRO-
visions OF this act, at any place, partIcu-
larry describing the place to be searched,
and the property to he seized, as hereinafter
provided, within such county, ii shall he fhe
duty of such County Attorney to forthwith
tlc his complaint or infOrmatan, together
with such statement, with some court of
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 if
such information or complaint had been
sworn to positively, and thereupOn war
rant shall issue, directed TO the proper Off
cer commanding him to search the premises
described in the information or complaint
ard 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 arraigncd be-
fore the court. shall plead 10 his or their real
name or names, and shall be tried
upon said complaint or information. and if
found guilty, shall be fincG not less than 500
nor more than $500 and be imprisoned in the
County jail not lSsS 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
y
vided, Said court snail also find and adjudge
such property was being used by the defend
ant at the time of such search and seizure for
the purpose of unlawfully Solling 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 in criminal cases and
witnesses shall receive the same fees for at
tendance as provided for witnesses in cases
before Justices of the Peace. Such fees
shall be certified to the Board of County
Commissioners by the County Attorney, and
paid b. the county as witness fees for
before grand jury All
witnesses shall attend upon the County At
tOrney i'll pursuance to his subpoena. without
the payment of any fees in advance. The
County Attorney shall be allowed fee of
twenty-five dollars upon each count upon
which the defendant shall be convicted, and
but the county shall i'll no case be liable
therefor. Upon all sums collected by the
County Attorney on forfeited rccOSnZances
under the provisions of this act he shall re-
cciye twenty per cent. thereof. II am pros
ecutiOn begun by the County Attorney, or
Attorney General, or by Il 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 ia which
such prosecution or action was begun.
SFC. II. 1t shall he 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 recOEnZanccS
forfeited. Immediately after the happening
Of such forfeiture, to recover the penalty
and pay all money so collected, less his fee for
collecting the same aS 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 misdemeanor. 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 Il
forfeiture of his Office. and the
court before whom such conviction
may be had shall order and ad-
judge such forfeiture of Office in addition to-
the fine imposed as herein provided. And
the County Attorney shall be un-
able. or shall neglect or refuse to enforce
the provis. ons of this act in his county, or
for 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 county. and for
that purpose he may appoint as many assist
ants as he shall see tit, and he and his assist
ants shall be authorize to sign, verify and
file, all such complaints, infOrmat.OnS, petit /
tions and papers as the County Attorney
is authorized to sign, verify or file. |
and to do and perform any act that the !
County Attorney might lawfully do or per- |
form: and forsuch services he shall receive I
the same fees that the County Attorney /
would be entitled to for like services, to be |
taxed and collected in the same manner.
SEC. L. Any person who snail take or re- |
ceive any order for intoxicating liquors from 1
any person in this State, other than Il person /
authorized to sell the same as in this act pro- /
vided. or any person who shall rectly or in /
directly contract for the sale of intoxicating
liquors with any person in this State, other |
than person authorized to sell the same.
snail be deemed guilty of misGemcanOr.
and upon conviction thereof shall be pun
shed therefor rs provided in this act for SELL
ing intoxicating liquors.
SEC Is That section j3 of the act to which
this amendatOry shall be and the same is
nereDy aHehdeu 80 a. 70 redd as