Bismarck weekly tribune., 1889-12-06

subpoena for such person or persons as he
may have reason to believe have any in
formation or knowledge of such violation
to appear before him at a time and place
there to testify concerning any violation O1
this act; said subpoena shall be directed to
the sheriff or any constable of the county
and shall be served and returned TO such
states attorney in the same manner as
subpGnas are served and returned in
criminal cases Each witness shall be
sworn by the states attorney to testify the
truth, the whole truth, and nothing but the
truth. and true answer make to all ques-
tions which may be prOpOunded to him by
such states attorney touching any viola.
ton of the provisions Of this act. The tes-
tlm0ny OF every such witness shall be re-
duced to writing and signed by such wit
ness, as in the taking Of depositiOns in
civil cases. For all purposes in this sec
ton the states attorney is hereby author
lzed and empowered to administer Oaths
or affirmation to all witnesses, and shall
have power to punish any witness for con-
tempt for or on account of any dis0bedience
of a subpoena, refusal to be sworn or an
swer as witness, or to sign his testimony,
and may compel the attendance of wit
nesses by attachment in the same manner
and with like effect as provided in the code
OF civil procedure. 1t the testimony so
taken shall disclose the fact that an otfense
L
provisions of this act, the states attorney
shall forthwith file such statement, to-
gether with his c mplaint or information
against the person having committed the
ottense, in some court of competent juris-
dictiOn, and such statement or testimony,
together with the information or COM
plant OF such states attorney when verified
BY him OIL information and belief, shall
have the same effect as if such information
| and belief had been verified positively.
| And thereupOn warrant shall issue for
| the arrest OF the person or persons named
| in such information. as in other criminal
cases, and in addition thereto. shal! COM
rected to seize and take into his custody
all intoxicating liquors, vessels and
bottles containing the same, which he may
lind 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 hereinbefore
provided, and the complaint or information
filed by the states attorney shall particu-
larly describe the properly to be seized
and the place where kept; and if upon the
trial of such person he shall be
convicted OF violation Of any of the pro-
visions of this act, the court shall order as
part of his Judgment, in addition to the
| having the custody thereof shall publicly
destroy all such property used and EN-.
ployed for such illegal purposes; Provided,
the court shall find and adjudge the prop:
erty so seiZedswas being used and employed
by the defendant for such illegal purposes;
Provided further, that where the states
attorney has been notified in writing under
oath, giving the name of the person viOlat-
ing the law, the place where the unlawful
business is carried on and the names of
the witness or witnesses, by whom the
afhant believes that the facts can be proven
and the states attorney shall fail. neglect
or refuse to make an investigation. then
some justice OF the peace of the township,
city or county, wherein the crime has
been committed, giving the name of the
violator of the law, the location Of the
place and the names of the witnesses, by
whom he believes the offense can be proven,
and it shall be the duty of such justice Of
the peace, and he is hereby empowered
with authority to issue his. subpoena for
the witnesses named or any other wit
nesseS, whose names shall be made known
by the first witnesses subp9naed. Such SUBJ
phHna shall be directed to any sheriff or
constable Of the county, or marshal or
policeman OF any city or town in the
law. Such justice of the peace shall have
power to fine for contempt and may COM
pei the attendance of witnesses by attach
ment, and shall have all the powers for
securing and taking the testimony Of wit
nesses heretofore in this section given to
the states attorney. When the evidence
is taken by the justice Of the peace and
a crime had been committed, it shall be
certified to the states attorney by the JUS
tice of the peace taking the same, and it
shall be the duty of the states attorney, on
receipt of such evidence to forthwith file
his information in the same manner as if
sl<s, k,rnd kn1x H.,h
SEC. 10. If the statement of any witness
so taken before the states attorney or a
justice Of the peace, as in the last preced-
ing section provided, shall disclose the fact
that intoxicating liquors are being Kept for
! unlawful sale or purpose, or are being sold
by an unknown person OF persons par
ticularly describing such unknown person
this act. at any place., particularly describ-
ing the place to be searched and the prop
erty to be seized, as hereinafter provided,
within such county, it shall be the duty of
such states attorney to forthwith file his
complaint or information, together with
petent jurisdiction, against such place and
the unknown Keepers thereof, which in
formation or complaint. when verified by
such states attorney upon information and
belief, together with such statements
as aforesaid, shall have the same
e1ecG as II Sucl lnIOImaClOn or
complaint had been sworn to posi-
lively; and thereupon warrant Shall
issue, directed to the proper officer,
mmanding him to search the premises
described in the information or complaint,
and to seize all intoxicating liquors and ali
vessels ana bottles containing the same,
and to arrest the keeper or keepers thereof;
and said person or persons when arraigned
before the court shall plead to his or her
real name or names, and shall be tried
upon said complaint or information, and If
found guilty shall be fined for the first
0ffense not less than $500 nor more than
81 900, and to be imprisoned in the county
Jail not less than ninety days nor more
than one year; and for the second and
every successive 0ffense be punished by
imprisonment in the states prison for q
period not exceeding two wears, and not
less than one, 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; pro
vided, said court shall also find and adjudge
such property was being used by the de-
fendant at the time Of such search and
seizure for the purpose Of unlawfully sell
ing or bartering intoxicating liquors. Il Il
SEC. IL. Officers shall receive the same
fona and milan FIR, onrvin0t c,thpnn,, noc