Wichita daily eagle., 1885-03-06

ed, Said court shall also find and ad-
Judge such property was being used
by the defendant at the time of such
search and seizure for the purpose of
uulawfully selling or bartering intoxi-
eating liquors.
SEC. 10. Officers shall receive the
same fees and mileage for serving SUBJ
pocnas issued by county attorneys un-
der the provisions of this act, as pro-
vided in criminal cases. and witnesses
shall receive the same fees for attend
ance as provided for witnesses in cases
before justices of The peace. Such fees
shall be certified to the board of coun-
~ commissioners by the county attor-
ney, 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 in advance. The county at
tOrney shall be allowed fee of twen-
ty-five dollars upon each count upon
which the defendant shall be convict
ed, 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 aitor-
nev on forfeited recognizances under
the provisions of this act, he shall re-
ceive twenty per cent thereof. IL any
prosecution begun by the county at
torney, 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 s.ch prosecution or action was
| begun.
SEC IL. 1t shall be the duty of the
county attorney to diligently prose-
cute any and all persons violating any
of the provisions of this act in their |
respective counties, and to bring suit |
| upon all reco9niZances forfeited, i'm |
media;ely after the happening of such
| forfeiture to cover the penalty and |
pay all money so collected, less his fee |
| for collecting the same as herein pro-
vided, into the school fund OF his |
county. If any county attorney shall |
fai, neglect, or refuse tn faithfully |
perform any duty imposed upon him
by this act, he -hall be deemed guilty |
Of Il misdcmeannr. and upon conyic-
ton thereof be fined in auy sum not |
less than one hundred dollars nor more
than five hundred dollars, and be i'm
prisoned in the county jail not less
Than ten days nor more shan ninety
DAYS: and such conviction shall oper-
| ate a. a forfeiture of his office, and the
court before whom such conviction
NAV be had shall order and adiudge
such forfeiture of office in addition TO
the fine imposed as herein provided.
And whenever the county attorney
shall be unable. or shall neglect or re-
fuse to enforce the provisions OF thi,
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 in such
county, and for that purpose he may
appoint "a many assistants As he shall
see fit, and he and his assistants shalt
be authorized to sign, verify AMI file
all such complaints, informations. pc
titions and papers as the county at
torney is authorized to sign, verify or
file, and TO do and perform any act
that the county attorney might law
fully do or perform, rnd for such serv
ices he shall receive the same fee- that
the county attorney attorney 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 person III this state,
other than a person authorized 10 sell
the same as in This act provided, or
any person who shall directly or indi-
rcctly cont ract for the sale of intoxi-
eating liquors with any person III this
state. other than a person authorized
to sell the same, shalt be deemod gull
" of misdemeanor, and upon con-
viciion thereof shall be punished
therefor as provided in this act for
selling intoxicating liquors.
SEC. Is. That section 13 of the act
To which this is amendatory shall be
and the same is hereby amended SO aS
TO read "a follows: Section 13. All
places where Intoxicating liquors are
manufactured. sold, bartered, or given
away in violation of any OF the pro-
visions of this act. or where intoxicai-
ing liquors are kept for sale, barter, or
delivery m violation of this act, are
hereby declared to he common nuisan-
ces, and upon the judgment of anv
court having jurisdiction, finding such
place tn be IA nuisance under this sec
tion the sheriff. his deputy, or under
sheriff or any constable of the proper
county, or marshal of any city where
the same located. shall be directed 10
shut up ani aDate such place by TAX
ing possession thereof and destroying
all Intoxicating liquors found therein,
together with all signs, screens, bars.
bottles, glasses. and other property
used in keeping and maintaining such
nuisance, and the owner or keeper
thereof shall. upon conviction, be adj ,
judged guilty. of maintaining a com
mon nuisance, and shall be punished {
by Il fine oi not less than one hundred
dollars nor more than five hundred
dollars, and By Imprisonment in the g
county Jail not less than thirty days &
nor more than ninety DAYS. The at
tornev general, county attorney. or
any citizen of the county where such
nuisance exists or is kept, or is main
tained. may maintain an action III the !
name of the state to abate and per- ,
peiually EN- join the same. The injunc- ,
ton shall be granted at the commence ,
ment of the action, and no bond shall 5
be required. Any person violating 7
the terms of any INDUCTION granted in d
such proceedings shall be punished Is 1
for contempt by a fine of not less than l
one hundred, nor more than five hun d
drcd dollars, or by Imprisonment in
the county Jail not less than thirty
days nor more than six months, or by
both such fine and imprisonment in
the discretion of the court.
SIC. IL That section twenty-one of {
said act shall be and the same Is here c
by amended SO a. io read Is follows:
Section 2l. In prosecutions under this :
act by indictment or otherwise. il shall !
not bc necessary t. state the Kind of
liquor manufacturer or sold, and
shall not be necessary 10 describe the !.
place where sold, except in prosecu- !
tions for Keeping aud maintaining =
common nuisance. or hen a lien i +,
saught To be established against the !,
place where such liquors were Illegal
" sold: and it shall not be necessary
To state the name of the person to
whom sold: aud il shall not be neccs- r
sary in the first instance for the slate v
10 prove that the party charged did 7
not have a permit To sell intoxicating =
liquors for the excepted purposes; and d
N all cases the person or persons to d