Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1885-03-13

the provisions Of this act the court shall
order as part Of his judgement IN adj
dition to the penalty herein provided,
that the officer having the custody
thereof shall publicly destroy all such
property used and employed for such IL
legal purpose: Provided. The court
shall find and adjudge the property so
seized was being used ard employed
by the defendant for such illegal pur-
poses.
Section 9provides that II the inquiry
mentioned in the last section disclOses
that liquors are being kept or sold I'M
lawfully by any person, known or un-
known. at any place. the county attor-
ney shall file his information against
the place and the keepers thereof, and
warrant shall then issue to the prop
or officer commanding him to search
the premises described i'm the informa-
tion or complaint, and TO seize all intox-
icating liquors and all vessels or bottles
containing the same, and arrest the
keeper or keepers thereof, and said per-
SUI Va ItloRllo MICAA alAdiEiAC0 OClOAO
the court, shall plead to his or their
real names, and shall be tried upon
said complaint or information. and if
found guilty shall be fined not less than
one hundred dollars nor more than five
hundred dollars, 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: Provided Said
court shall also find and adiudge such
property was being used by the defend
ant at the time of such seizure for the
purpose Of unlawfully selling or bar
tering intoxicating liquors.
Section 10. Officers shall receive the
same fees and mileage for serving sub
pPnas issued by county attorneys I'M
der the provisions of this act, as pro-
vided in criminal cases, and witnesses
shall receive the same fees as provided
for witnesses in cases before justices
of the peace. Such fees shall be
certified TO the board of county COM
missioners by the county attorney, and
paid by The county as witness fees for
attendance before a grand jury. All
witnesses shall attend upon the county
attorney in pursuance TO his subpoena,
without the payment of any fees III adj
vance the county attorney shall
be allowed fee of twenty-five
dollars upon each count up
on which the defendant shall be con-
victed, and the same shall be taxed as
costs IN the the case, but the county
shall in no case be liable therefor. Up
on all sums collected by the county at
torney on forfeited recognizances under
/ the provisions of this act, he shall re-
ceive twenty per cent thereof. If any
prosecution begun by the county attor-
ney. attorney general, or by citizen
with the written consent and approval
of the county attorney or attorney gen.
eral. 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.
Section IL makes it the duty of the
county attorney to prosecute all persons
violating the provisions of this law;
and if he neglects or refuses to prose.
cute lie will be deemed guilty of a mis-
demeanor and fined from 500 To $500
and imprisoned from 10 to 90 days, and
besides forfeits his office. In case he j:
unable or refuses to prosecute, the at
tcrney general is required to prosecute
and for that purpose he may appoint a:
many assistants as he sees fit, and thest
are to have all the authority the county
attorney has.
Section -. Any person who shall
take OF receive any order for intoxicat
ing liquors from any person in thii
state, other than a person authorized
TO sell the same as in this act provided
orany person who shall directly or in
directly contract for the sale of intoxi
eating liquors with any persons in thi
state, other than a person authoriz
ed to sell the same, shall be deeme,
guilty of a misdemeanor, and upol
conviction thereof shall be punished
therefor as provided in this act for sell
ing intoxicating liquors.
Section 10. All places where ,intoxi
, eating liquors are manufactured, sold
bartered or given away in violation o
any of the provisions of this act, o
| where intoxicating liquors are kept TO
= sale, barter, or delivery in violation o
! this act. are hereby Declared to be com
: mon nuisances, and upon the judgmen
! of any court having jurisdiction, find
ing such place 10 be a nuisance undo
this section, the sheriff, his deputy, o
: under sheriff, OF any constable of tn
proper county, or marshal of any cit
5 Where the same is located, shall be di
: reetCd, 10 shut up aud abate such plac
: by taking possession thereof and de
} strOying all intoxicating liquors foun
: therein, together with all signs, screens
: bars, bottles. glasses and other propert
/ used IN keeping and maintaining sal
nuisance, and the owner or keepe
thereof shall, upon conviction, be ad
) judged guilty of maintaining commo
} nuisance, and shall be punished by
fine of not less than one hundred dol
} lars nor more than five hundred dollars
> and by Imprisonment in the county jai
! not less than thirty days nor more thai
: ninety. days. The attorney general
: county attorney, or any citizen of tn
2 county where such nuisance exists, o
e is kept, or is maintained may maintai
] an action in the name of the state t
e abate and perpetualIy enjoin the same
The injunction shall be granted at tn
: commencement of the action. and n
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