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

provisions OF this act PROOF OF the nnding OF
cused, in any place except his private dwell
Ing house or It's dependencies, or In such
dwelling house il the same 10 q tavern, store:
public eating house, grocery or other place OF
public resort or in unusual quantities IN the
private dwelling house or its dependencies OF
any sns b ps5son s keeplns q = t efSer lis, st o. :, p nnb1sc eat ~.
sort. unless In the possession OF { ne legally
authorized to ssllthe same, shall be received
sentative evidence that such liquor was kept
for sale contrary TO the provisions thereof
sEe. 20. No person shall be excused IRON tes.
another aga INST any Of the provisions of this
act by reason of his testimony tending to GRIM
mate himself 1.-THE witnessl, but the testimony
given by such person shall in no case be used
against him..
Sec. "a. It shall be and is hereby made the
duty 81 fall all courts &C a1a,1 OF this state tel before rnc Whom orona E
Jury especially concerning this act, and direct
said jury to inquire particularly OF all violations
of any OF its provisions.
Sec. 25. Any person who shall take or re-
ceive any order for intoxicating liquor from
any person in this stats other than q person
authorized to sell the same as in this act pro-
vided, or any person who shall directly or In
directly contract for the sale OF intoxicating
liquors with any person in this state other
than O person authorized to sell the same, for
the first otfense shall be deemed guilty of Q mia
demeanor, and for the second and each success.
s s1ys S 1[asns son a1sit o9 d tSsrsot g shsiY s os p e fs'Gnyi
therefor as provided in this act for unlawfully
selling intoxicating liquors.
SEC. 2G. Whenever the father, mother,
brother, sister. wife, husband Or guardian OF
any relative of any person shall notify any
druggist that such person, naming him, uses
forbid said druggist from selling, bartering or
giving to such person any intoxicating liquors,
it shall be unlawful for any such druggist, after
such notice, to let any such person have any
intoxicating liquors upon any terms or condi-
tons whatever. ANY druggist who shall violate
the provisions of this section shall be deemed
I'll n a rr,ipAAr q n and NON Nnnu{OfinN
thereof shall bs fined in any sum not less than
$500 nor more than $1,000 and shall be impris-
oned in the county jan tora period not less
SEC. y. The treating or giving OF any intoxi-
eating liquors to any minor by any person
Other than thanh his father Ih notheT or or g gaa;aa ~, Of
poses, shall be unlawful, and any. person VIC.
lating the provisions of this section shall, for
meanor, and for the second and each succeed
upon conviction thereof ehal be punished
therefor as provided in the last preceding
section OF this act for u%nlawfully selling intoxi-
eating liquors.
SEC. 90. It shall be unlawful for any person
street, public hishway or any other public plaoe
IN the state; and upon conviction before any
Justice Of the peace or police magistrate shall
cution, or by imprisonment in the county jail
not exceeding ten days. 1t shall be the duty
Of every sheriff, constable, policeman or peace
officer to arrest any person found intoxicated
and take him orthwfthw without warrant before
the magistrate, where such officer shell imme-
diateiy make information. when the magistrate
shall issue a warrant In due form.
The magistrate before whom such person is
tried shall compel the person 30 arrested to
state under oath when, whore and from whom
produced the intoxioation in whole or in part,
and the name and character Of the liquor OBJ
tanned, all of which shall be reduced to writing
by the magistrate and signed by the defendant,
which statement shall be fled with the clerk
of the circuit court of the county by the magis-
trate who shall give notice Of such filing to the
states attorney. If fanny defendant shall refuse
to state when, where and from whom he pur-
chased or received the liquor which produced
such statement as above provided. he shall Be
committed by the magistrate to the county jail,
there to remain until he shall signify, hia will
ingness to answer or subscribe to the same
provided, that If such defendant when 80 ar
rested shall be intoxicated to such an extent
iodgedby the officer makinag the arrest, in some
suitable place until he Is in . condition to be
examined.
with the requirements OF any of the PROVISIONS
Of this act he shall be deemed guilty Of o mis-
demeanor. and upon conviction be fined In any
sum not less than $500 or more thar $1,000. and
be imprisoned in the county jail not less than
four months nor more than one year. And
such conviction shall be e forfeiture Of the Of
nee OF such person, and the court before whom
such conviction is had, shall, in addition to the
imposition of the fine and the imprisonment
QlOro6a1O order and aQ1uQge the 1OTIe1GuE6 OK
his said office.
SEC. 80. Any officer, agent or employe Of .
railroad company, express company, or other
company carrier, who shall knowingly Garry or
deliver any intoxicating liquor to or for any per-
son. to be sold in violation OF this sot, shall be
deemed guilty ola lnisdemeanor, and on oop.
$500 or more than $1,000, and be imprisoned In
the county jail not less than four montha or
more than one year.
aEc. 81. Il any person for the purpose OF pro,
curing the shipment, transportation, or con-
Veyance OF any Intoxicating liquors from point
to point. or from ono place to another within
this state, shall make to any company, corpo.
ration or oommon carrier. or to any agent Of
such company. corporation or common carrier
OF other person, any false statements as to the
character or contents of any box, barrel Of
other vessel or paokase containing such liquors
or shall refuse to give correct and truthful in.
formation "a to the contents OF any such box
barrel or other vessel or package so sought to b.
transported or conveyed, or shall falsely mark
brand or label such box, barrel, or other vessel
or package, in order to conceal the fact tina,
the same contains intoxicating liquors, for thu
purpose Aforesaid OK snail by any device o.
conveyance or transportation OF suoh LIQUORS
as herein prohibited, he shall upon conviction
be 1iled for such oilense not less than $500 O.
: county jail not less than four montha or NOR,
than one year. Any peace officer Of tn
county shall have the right to open any box
: ton, under warrant to him directed, if he ha
! reasonable grounds for believing that it con
talns Intoxicating liquara, either before OF
q while the same ia being 90 transported or con
! veyed.
SEC; 81. In case any person has been ar
' rested for any violation OF this act, and giyel
! o bond, and the bond has been forfeited an,
+ before termination Of the suit on the bond tn
, DEFENDANT has been surrendered to the sherit
committed until all costs to that date accrue,
on the criminal suit be paid and if he fail t,
pay the sahle, the bondsmen are required t.
pay such costs in addition to the costs Of til,
bulL OQ Inc DC0u and a rpal0nRh1a aftornavs
lees, to pa tixod by the court for the prosecu
Won OF both the criminal charge and the sui
J, DO imprisoned for . longer period BY virtue q
this section than is prescribed tor the Arsi Of
l fense in section II of this act. :
: DEC. IS, Every attorney general, states at
torney, county auditor or county Judge. VIII
shall neglect or refuse to perform any duty re-
qnlrea OF him under this act, the punishment
act shall be deemed guilty OF a miademeanol
o sna. upon conviction, shall be punished by
ana in additiop thereto shall forfeit his RICH
to longeF hold his office, and the court hsfor
: whom such conviction is had shall order an
l. adludge such forfeiture,
o snall pc used ia this act, they shell be con
s sttuad to designate the prosecuting attorney o
the county. whether be may be known unde
J. me name state'n, county or district attorney.
sEc: 30, All payments or compensation 10
Q Intoxicating liquora sold in violation Of thi
g &c Set i; ;w menSn such ayments or compensate
- = AAAAb ~ VA Ill IA ~
whatever, shall be held to have been receive,
M violation of law and against equit,
Q and good conscience, and to have bee
! r.ceiyed upon a valid promise an,
aereement Of the receiver IN consideration o
the receipt thereof, to pay on demand to th
person furnishing such consideration tn
smSunt Of said money, or the Just value OF sue
y goods. and labor OR other things. All salei
Q transfers, eonyeyances. mortgages. liens, at
m pledges and securities Of ever
= KIND, which either in whole or In part eha]
Q have been made for or on account Of intoxicai
! ms liquors, sod in violation Of this act sha,
y IN al, cases, and no rights Of any lin
8 sind s Pc acquireA thereby, and no action Of an
s ssafs 1e sol iantto TO liquors. or the valu
% trary to the laws OF said state or county. or wit
g intent to enable any person to violate any pre
vl:lon OF This act, nor shall any action be mali
n tanned for the recovery or possession Of any II
ooSicating liquor, or Of the value thereof, 81
y cept IN case where persons owning or possess
q 1ng such liquor with lawful intent may hsy
:. b been aareg e. tyi deprived Of the same, Nothin
o negotiable paper, in the hands Of holda1