Bismarck weekly tribune., 1889-12-27


THE UK UKASE.
N IN CONTINUED FROM PAGE q.
fund, to be disposed Of as here Tin latter pro-
vided. Said states attorney Is hereby en-.
powered to draw his warrants, in each
case seseparately. upon such fund to pay the
expenses actually and ecessarily incurred
by him in securing testimony for and in
enforcing the provisions Of this act; pro-
vided, however, that no treasurer shall pay
s.lg any q q said warrants 50 drawn by the
he files with such treasurer 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
to promote the ends above ex-
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 ts;received
and paid out. and any balance remaining
In each action, after the payment of the
necessary expenses hereinbefOre specified,
shall be by such treasurer passed to the
credit OF the common school fund. If any
to faithfully perform any duty imposed
upon him by this act, he shall be deemed
guilty OF q misd demeanor, and upon conyic-
ton thereof shalt be fined in any sum not
less than 800 nor more than $500 and be
imprisoned in the county Jail not less than
thirty days nor more than ninety days; and
conviction shall operate as q forfeiture Of
conviction may be had shall order and
adjudge such forfeiture Of office in addition
to the fine imposed as herein provided.
And whenever the states attorney shallbe
unable, or shall negl lect 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. 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
or file, and to do and to perform any
act that the states attorney might
lawfully do or perform; and for such ser
vices he or his assistant shall receive q fee
Of $40 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 q convic-
tion, and the attorneys fees as provided for
in this act shall not be paid by the defend
ant within one month after his release
from Jail, the county where such convic-
tiOn Is had shall then become liable to the
att0rney-general or his assistant prOsecut-
Ing such case for fee of $40 upon each
count upon which the defendant shall
Sec. Is. 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 intoxicat-
ing liquors as q beverage, or where intoxi-
eating liquors are kept for sale. barter OF
declared to be common nuisances; and il
the existence Of such nuisance be estab.
lished, either in q criminal or equitable ac-
tiOn, upon the Judgment of court or judge
having jurisdi icti0n; finding such place to
be 9 nuisance, the sheriff. his deputy OF
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
possession thereof, IL he has not already
done so under the provisions of this act
and by taking possession Of all such in
tOxlcating 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 property so taken possession O1
shall, after Judgment, be forthwith publicly
destroyed by such officer, and the owner
or keeper thereof shall upon conviction be
adjudged guilty Of maintaining a common
nuisance, and Shall for the first offense
1 be punished BY a fine Of not less thar
I $500 nor more than $1,000. and by i'm
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 state s prison for period not exceed
\ ing two years and not less than one; and
curely close said building, erection ol
place where such nuisance Was located, q.
against the use or occupation Of the same
/ for saloon purposes. and keen the same Sc
curely closed for the period Of one yea
(unless sooner released as hereinafter pro
y vided) J, and any person breaking open Sale
building, erection or place. or using The
premises SO ordered to be closed, snail bt
L punished for contempt, as hereinafter pro
vided, in case Of violation Of iniunctions
provided, l % however. s sa that when = Iease.hoii
premises are adiudgetl to be q nuisance
the owner thereof shall have the right K
terminate the lease by giving three day.
notice tharaOf IN writing. f0 the tenant