Bismarck weekly tribune., 1889-12-06

Il
collected, as herein provided, into tile
county treasury Of said county,. and take
the receipt of the treasurer therefor; it
shall be the duty of said treasurer to credit
said money temporarily to special fund,
to be designated as the liquor prosecution
vided. Said states attorney Is hereby em-
powered to draw his warrants, in each
case separately. upon such fund to pay the
expenses actually and necessarily incurred
by him in securing testimony for and in
enforcing the provisions of this act; pro-
vlded, however, that no treasurer shall pay
any Of said warrants so drawn by the
states attorney as aforesaid, until he files
an itemized statement Of such expenses In
each and every case, duly verified by him
self to the effect that the same were
actually and necessarily incurred
pressed. and that the same have not been
paid. Said treasurer shall by proper en-
tries upon his books specifically designate
the action in which such money is received
ana paid out. and any balance remaining
III each action, after the payment of the
necessary expenses hereinbefOre specified,
s! shall be by such treasurer passed to the
| states attorney shall fail, neglect or refuse
| to faithfully perform any duty imposed
upon him BY this act he shall be deemed
guilty OF misdemeanOr, and upon cOnvic-
ton thereof shalt be fined in any sum not
less than 800 nor more than $500 and be
ten days nor more than ninety days; and
conviction shall operate as forfeiture of
his office, and the dburt before whom such
conviction may be had shall order and
adjudge such forfeiture of Office in addition
to the fine imposed las herein provided.
unable, or shall neglect or refuse to enforce
the provisions of this act in his county, or
for any reason whatsoever 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 assistants as he shall see fit, and he
and his assistants shall be authorized to
sign, verify and file all such complaints,
infOrmations, petitions and papers as the
states attorney is authorized to sign,verify
or file, and to do and perform any
act that the states attorney might
lawfully do or perform; and for such SER
! vices he or his assistant shall receive a fee
Of $25 upon each count upon which the de.
fendant shall be convicted, to be taxed and
collected in the same manner, except that
in all cases where there shall be a cOnvic-
tiOn, and the attorneys fees rs provided
in this act shall not be paid by the defend
ant within one month after his release
from jail. the county where such collvic-'
tiOn is had shall then become liable to the
attorney-general or his assistant prosecute
ing such case for fee of 1926 upon each
count upon which the defendant shall
haye been convicted.
SEC. 1S. All places where intoxicating
liquors are sold, bartered or given away, in
violation of any of the provisions of this
act, or where persons are permitted to re-
sort for the purpose of drinking iDtoxicat-
ing liquors as a beverage, or where intOxi-
eating liquors are kept for sale, barter or
delivery in violation of this act, are hereby
declared to be common nuiSanceS; and if
the existence of such nuisance be estab-
lished, either in a criminal or equitable ac-
ton, upon the Judgment Of court or judge
! having jurisdiction. finding such place to
be a nuisance. the sheriff, his deputy or
under sheriff, or any constable of the
proper county or marshal of any city where
the same is located, shall be directed to
shut up and abate such place, by taking
done SO under the provisions of this act
and by taking possession Of all such in.
toxicating liquors found therein together
with all signs, screens, bars, bottles, glasses
and other property used in keeping and
maintaining such nuisance, and such per-
sOnal rOperty so taken possession of
shall, after judgment. be forthwith publicly
destroyed by such officer, and the owner
or keeper thereof shall upon conviction be
adjudged guilty of maintaining common
nuisance. and shall for the first offense
be punished by q fine Of not less than
5000 nor more than $1,000, and by Inn
prisonment in the county jail Of not less
than ninety days nor more than one year,
and for the second and every successive
offense be punished by Imprisonment in
the states prison for period not exceed
ing two years and not less than one; and
said officer abating such nuisance shall Sc
curely close said building, erection or
against the use or occupation of the same
for saloon purposes, and keep the same Sc
curely closed for the period of one year
(unless sooner released as hereinafter pro-
vided), and any person breaking open said
building, erection or place, or using the
punished for contempt, as hereinafter pro-
}vided, in case of violation of injunctiOns;
provided, however, that when lease hold
premises are adjudged to be a nuisance,
the owner thereof shall have the right to
terminate the lease by giving three days
notice thereof: in writing, to the tenant,
and when this is done the premises shall
be turned over to the owner upon the or
der of the court or judge. But the release
of the property shall be upon condition
that the nuisances shall not be continued,
and the return of the property shall not re-
lease any lien upon sold property occa-
stoned by any prosecution Of the tenant.
the proceedings and file a bond with sure
ties to be approved by the clerk in the full
value Of the property to be ascer-
tanned by the court or Judge, cOnGli-
TONED that he will Immediately abate said
established Of kept therein within the the
period Of one year thereafter, the court, or
in vacation the judge may, IL satisfied Of
his good faith, order the premises taken
and closed under the order of abatement,