The Black Hills union. [volume] (Rapid City, Pennington County, Dakota [S.D.]) 1889-1904, 1890-04-25

exists or 10 kept or is maintained, may main.
tain ain nar action IN the an9a name me- OF 1.-THE the STATE 'Ssa e ar iDates
ton shall be granted at tho commemorate OF
the action in the usual manner Of gran ing In
functions. except gee That the sfid L. or com.
attorney, attorney-general or his assistant
upon information and belief and no bond shall
DO required. and i an 2 ndayit shall be pre-.
that intoxicating liquor, particularly describ-
ing the same. Is kept for sale, or is sold, bar
tered Or g asscr, sTsy tS on the premises wSsYa I paIi
nuisance is located contrary to law, the
court or Judge must at the same time of grant
ing the insaid writ Of Injunction, at the time OF
such service to diligently search the premises
and carefully invoice all the articles found
therein, used In or about the carrying on of the
unlawful business IN for which search and in
in addit on to the fees now allowed by law for
serving an Injunction. II such officer upon
s intali seasGn shail n nd Upon, Gpon su 81 pre- ppen oaaesI any ps
shall take the same into his custody and se-
ourely hold the same to abide the inal iudg-
ment In the action the expense Tor such hold.
%aotion); and such officer shall also take and
hold possession of all personal property
foa5a no on suGn P p, anhinrs ana sha and t asen a fhs
same closed until such final judgment. The
finding OF such intoxicating liquor or liquors
Of the existence Of the nuisance comp aimed of.
Any person violating the terms Of any injunc-
ton granted in such proceeding shall be pun
a fsneo o, ' not ! 1 Inve then 500 sSs nos m nose t then s ~ 9
and by imprisonment in the county jail not
less than four months nor more than one year,
contempt be punished by imprisonment in the
state prison for q period not exceeding two
years and not less than one year in the discre-
ton of the court or Judge thereof. In case judg-
any action brought under the provisions ofthis
section, the court or Judge rendering the same
shall also render judgment for O reasonable at
torney's fee in such action in favor of the plain
tiff and against the defendants therein; which
attorneys fee shall be taxed and collected as
other costs therein, land when collected, paid
II such attorney be the states attorney or at
torney general such attorneys fee shall be
proceedings arising out Of the violation Of any
injunction granted under the provisions OF this
act. the county, or IN vacation the judge there
1a, shat the n par,y P or par tH ' ryyils sv'n as reaui aed
by law. Processes shall run In the name of the
state Of South Dakota. The afiidavits upon
shall make a prilna facie case for the state.
The accused may plead In the same manner es
to an Indictment, in so far as the same is ap-
p p of1dev,t hv or betb m 'tSa De se 9saii on IN ms s1G be .or re-.
CURED to make answer to heterogeneous
either written or oral, as in the discretion OF
the court or Judge m may seem proper; ;a the de-,
upon his denial Of the facts stated in the mov-
ing papers: the clerk of the court shall upon
the application of either party issue su%bpoenas
for witnesses. and except as above set forth
the practice in such contempt proceeding shall!
conform as nearly MS may be to that adopted
by the nineteenth Tule Of the supreme 2e
equity in the circuit courts. The states attor-
ney or anyone acting in his stead may issue
subp9nas and take evidence to obtain prelim-
mary injunction, and to obtain evidence for
obtaining permanent Injunction the same as
provided 10 section . Of thts act. And in case
OF the absence Of the states attorney, or bis
neglect or failure to perform his duty under
thi , section relative to injunction, any reputa-
BILE citizen may on application to O justice OF
the peace nave q subpoena issued to any person
or persons to appear at a time stated to be OK.
amined which examination shall be reduced
to writing and signed by the witness or wit
nesses. whose statements and affidavits upon
being presented to a county or circuit Judge, the
said judge shall issue a temporary injunction.
All dispositions taken in this action shall be
filed with the clerk OF the court.
barter or gift Of Intoxicating liquors, cause the
intoxicatton OF any other person or persons,
shall be liable for and compelled to pay a rea.
s sopao oho compensation Pc nnd oro to any n.y. person e, r who may
person, and SIS a day In addition thereto for
every such Intoxicated person shall be kept in
consequence of such intoXication, to be reoov-
cred by civil action In any court having juris-
diction.
SEC. 49, Every wife, child, parent. guardian,
or employer or Other person, who sha l be in
jured in person Or property, or means Of sup
port, by any intoxicated person, or in conse-
quence of intoxication. habitual or otherwise,
guardian, or employer, shall have a fisht Of, in
his or her own name against any person who
shall by selling, bartering or giving away any
Intoxicating liquors have caused the intoxioi l.
ton OF such perion in whole or in part for all
damages actually sustained, as we'll as for OK
emplary damages and a married woman shall
have the right to bring suits. prosecute and
control the same. and the amount recovered, the
same as If unmarried and all damages recov-
cred by q minor under this act shall be paid
either to such minor, or his or her parent,
guardian, or next friend, as the court shall d.
rect and all suits for damages under thia act
shall be ~ civil action in any of the courts OF
SEC. i5. Every peraon who shall: directly o,
indirectly, keep or maintain by himself or b,
hssociating or combining with others, or shall
in any manner aid, assist or abet in keeping OF
maintaining any club-room, or other place II
which any Intoxicating liquor is received or KEEP
beverage, or for distribution or division among
the membera OF any club or association by any
means whatever; and any person Wit shall
use, barter, sell or give away, or assist or abet
another in bartertng, selling or giving away
any Intoxicating liquors SO received or kept
shall be deemed guilty Of a mtsdemeanor. an.
upon conviction thereof shall for the first OF
tense be punished by O dne Of not less thai
5000 nor more than 81 1000, and by imprison
ment in the county Jail not less than tou
months nor more than one year. and for over
successive ofense be punished by tmpriBon
ment in the states prison tor O period not t
exceed two years and not less than one. Ever
lessor or owner of a building who shall permit O
knowingly suffer to be used, bartered or give
away therein any intoxicating liquor ~consrar,
to the provisions of this act shall be guilty of
misdemeanor and upon conviction thereof shaI
tor the first ofense he punished by q fine o
not less than 5000 nor more than 81, 1000, and b
| imprisonment in the county Jail for not les
! than four months or more than one year, and fc
every successive offense be punished by impris
r onment in the states prison for a period not t
, exceed two .yeara nor less than one.
SIR II Tha nivir1 owop nf {ntCv;oot;,,
liquor or any shifts or device, to evade the pro
, visions of this act, shall be deemed an unlawfu
SO ling within the provisions Of this act.
SEQ. 10 All the fines and costs .assese
against any person or persons for any violatio
of this act shall be entered in Judgment an
docketed in the office Of the clerk OF the oour
r and when SO docketed shall be a lien upon tn
3 real estate OF such. person or persons unit
| paid, and may be enforced the game as q judf
, ment for sale Of real property in civil action. On
. in case any person or persons shall let or leas
3 any building or premises, or shall permit c
knowingly suffer the same to be used, and ocor
, pied for the sale Of Intoxicating liquora oontrar
3 70 the provisions OF this act, the premises f
leased and occupied shall be subje t to q lie
, for and may DO sold to pay oil hnes and cost
i assessed against any such occupant for an
: violation OF this act, and such lien may be Oh
l forced by civil action in any court having juris
diction; provided, that the person aGnins
> whom such fines and costs are Assessed shall b
8 and costs are paid provided, that no impriso1
mont for non.payment OF fine and aoats sha
? 6Xc6eu INC per1OQ OF Blk months.
> SEC. 19. Whenever application is made to til
county judge for a permit to sell intoxicatiu
! liquora under the provisions Of this act he sha
! notify the %etste's attorney thereof, and there
:. upon such states attorney shan appear and &C
3 wise with the said county judge with referonc
I to the Issuing Of said permit and the approve
!. Of the bond. No person who shall inform Of O
I lenses under this act or make complaint Their,
r for shall be liable for the costs incurred in an
, such prosecution.
SEC. 20. Any city or organization may emplo
l an attorney to asBist the states attorney t
perform his duties under this act, and such O.
torney shall be recognized by the states attol
, ney and. the court as associate counsel in tb
{ proceeding, and no prosecution shall be dil
!, missed over the objection Of such asaociat
: counsel until the reasons Of the states attorne
for such dismissal, together with the objection
thereto Of suoh associate Counsel, shall hay
been filed in writing, argued by counsel an
i, fully considered by the court.
:. Bee. 81. The court whose duty it shall he
I render judgment in any action or pioceedir
growing out OF q violation of the provisions
thi. act. shall immediately upon the eonviotie
IF the defendant render Judgment; provide
that for prudential reaaons and for ordinal
+ purposes Qf pesfscting On appeal judgment ar
senteace may lie Suspended for q period not e
/ eeeding ten days, and then only. upon the cou
Or Judge thereof entering in Q public docket