The DeSmet leader. (DeSmet, Kingsbury Co., Dakota [S.D.]) 1883-1891, 1890-03-15

tntoxication, habitual or OF harwjse of any per-
Ason, such wife, child. parent or guardian. or
ENmployer shall have right VI action. In hi, or
her own name, against any person wno shall by
selling, barterinR or giving away any intoxicat.
ing liquors. In violation of the provisions OF
I thie act, have caused the Intoxication Of such
person 10 whole or part for all damages actually
sustained, as well as for exemplary damages;
| and msrried woman shall have the right TO
bring suits. prosecute and control the same.
and the amount recovered. tho same as IL uu-
married: aud all damaIes recovered by minor
under this act shalt be paid either to such min
or. or TO his or her parent. guardian, or next
friend, a. the court shall direct; and all suits
| for damages under this act shall be by civil act
ion in aAy Of the courts Of this state having
Soc 10. Every person who shall, directly or
Indirectly, keep or maintain by himself or by
| asrociating or combining with others or who
shall In any manner aid. assist or abet, In Keep
ing vi n1sIits;a.aI any Sla5 roam, or ether
place In which any Intoxicating liquor II re-
ceyed or kept Tor the purpose of use, Eitt, bar
ter or sale rs a beverage, or for dsfilbu
ton or division among the mepters OF
any club or association by any m ans what
ever: and every person who shan use, bar
Ter, sell or give away, or assist or abot an
other In barterng selling or giving away
| any Intoxicating liquors 80 received or Kept,
| shall be deemed guilty Of misdemeanoT. aad
upon conviction thereof shall for the frat
otfeuse be punished by foe OF not les than
xlOOaor more than $500 and by imprtson-
ineTt Ia the county Jail not less than sixty
days nor inore thaa ak months. and for every
spccesaIye .offense be punished by imprison-
menC IN the states prison for o period not to
exceed two years nor less than one. Every
lessor or owner of building or feal property
who shall permit or knowingly suffer to be bar
tered. sold or given away therein or thereon any
intoxicating liquors contrary to the PROVISIONS
and upon conviction thereof sshall for the frat
onense be punished by q tne or not less than
| 300 nor more than $500, aud by imprison-
ncnt In the county Jail not less than sixty days
nor more than six months: also every lessor or
owner Of building or real property other than
q family residence, used solely ~ snch who
shall knowingly suffer to bo used therein or
thereon any Intoxicating liquors contrary to
the provisions Of this act shall be guilty ofa
misdemeanor, aud on conviction thereof shall
for the first offense be punished by fine or not
less than 600 nor more than 1900. ana by I'M
prisonment in county jail not less than sixty
days nor more than six months. and for every
successive offense be punished by imprison-
| ment In state 9 prison for period not exceed
inx two wears and not less than one year.
Sec. II. The giving away OF intoxicating
LIQUORS or any shifts or device TO evade the pro-
visions OF this act, shall be deemed an unlawful
selling within the provisions OF this act.
Sec. ls. All fines and costs assessed against
any person or persons for any violation OF this
ed in the office OF the clerk of the court and
when 90 doeketed shall be q lien upon the real
estate OF such person or persons until paid, and
may be enforced the same as Judgment or
sale of real property In civil action, and In case
any person or persons shall lot or lease sny
building or premises, or shall permit or Know.
ingly suffer the same 20 be used and occupied
for the aale OF Intoxicating liquor. contrary TO
the provision OF this act the premises so leased
and occupied shall be subject 10 a lien for. and
may be sold to pay all fines and costs assessed
against any such occupant for any violation OF
this act: and srch lieu may be enforced by civil
action Ia any court having jurisdiction: proyid.
sd, that the person against whom such nnes and
coets are assessed shall be committed 10 the
county iaiI until such fines aud costs are paid;
provided that no imprtsonmt mt for nom payment
Of fines and costs shall exceed the period OF six
montna
Sec. 10. Whenever applies ton Is made to the
county Judge for q permit TO sell Intoxicating
liquors under the provisions Of this act. he shall
notify the states attorney thereof. ana therenp.
on such states attorney shall APPEAR and advise
with the said county Judge with reference TO
the issuing Of said permit. aud the approval OF
the bond.
Sec. 20 Any citizen OF organization may EN-
ploy an attorney to assist the states attorney
TO perform his duties under this act, aud such
attorney shall DO recognized by the state = at
torney and the court associate counsel In the
proceeding, aud no prosecution shall be dis
missed over the objection OF such associate
counsel until tho reasons of the state srattor-
ney Tor such dismissal. together with the ob-
jections thereto Of such associate oounsei,
shall have been filed In writing, argued by conn
sci, and fully considered by tho court.
Sec. 81. The court whose duty IL shall be TO
render Judgment In any action or proceeding
growing out Of a violation OF the provisions OF
this act: shall Immediately upon the conviction
of the defendant render judgment: provided
that for prudentisl'reasons and for the ordinary
purpose OF perfecting an appeal judgrneut ana
sentence may be suspended for . period not ex-
ceeding ten days, and then only. upon the court
or Judge thereof entering In public docket TO
be kept for that purpose, In his own hand writ
ing, the ca2se OF such suspsn9i9n, provided:
that IL the~ ~fendant be convicted nc the same
term Of court on different indictments under
this act, the Judge may in his decretion suspend
sentence on all said conviction ezcept the
first
Sec % Ia prescriptions under this act, by
indictment or otherwise. 4. shall! not be necess-
ary TO state tho kind or quantity ofliquor sold.
or kept for SALE and shall not be necessary TO
describe the place where sold. or kept for sale.
except IN prosecution for keeping ana main
| tanning common nuisance, and In proceedings
| to be established against the place where such
liquors are illegally sold or kept for sale; aud
\ IL shall not be necessary In the hrst instance
Tor the state 70 prove that the party onaraed dla
| the excepted purpose: and In any prosecution
| for the secoud or subsequent offense IL shsil
not he requisite to set forth information or am
| dayit or indictm ment a record OF she formor con-
yictious, but IL shall be sufficient briefly to al
| lege such convictions and I'm all cases the per
son or persons to whom such Intoxicating Iip-
uors shall have been sold ia violation OF this act
| shall be competent witnesses TO prove such
fact. or any other fact tending thereto, and the
members, shareholders and associates tn atiy
club or association shall be competent witnesses
TO prove any violation OF the provisions Uf this
| act or any fact tending thereto. liz actions OF
proceedings for the abatement % nuisances un-
4
| Of the place dessenatd In the complaint
shalt be admissible for the purpose OF
proving tho existence of such nuisance.
and 10 all csses, other than those
where Intoxicating llau H. lawfully
sold by virtue Of the provisions Of this act. the
| fact that any person engaged In any kind OF
place Of business receipt or stamp showing
| payment Of the special tax levied under the
| laws CT the United States upon the businoss Of
| selling distilled, malt or fernented liquor, or
| the holding of q license from the govcrnnient Of
1 the United States In the name of any person.
persons or corporations to sell Intoxicating H.
| quor shall be held asd deemed prma facie evil
| dence against such pcrson. persons or corpora
iion that he, they or it are keeping for sale and
ceiling Intoxicating liquors contrary TO the law.
And upon trial OF every indictment. information
/ or cont en1pt proceedings for violstion Of the
provisions Of this act, proof OF the finding OF tn-
toxicatng liquor In the possession of the accus-
ed, In any place except his private dwelling
house or its dependencies OF any person keeping
| tavern, store, public eating house. grocery. or
| other place OF public resort, uniess in the pos
session OF one legally authorized TO sell the
ssn,e. shall he received aud acted upon by the
cour or Judge ms presomp;ive evidence tbst
4 snen liquor was kept for sale contrary to the
prov isions hereof. ..-.a as-. rl. H. .s ...@
| tifyiug touching any oitense committed by
| another against sny OF the provisions ot this
act by reason of hts testimony tending.to Grim
mate himself (the wItnessl, bat the testimony
| given by such person shal IN no case be used
| against him
| See "a it shall tie unlaMtut Tor any person
| 20 he In an intoxicated condition In any public
| street, public highway. or any o'hef public
| place In tile state: and upon conviction before
any Justice Of the peace, police magistrlte OF
county courts shall be punished by tine Of SIC
and costs Of prosecution, and for every succcs'
siye oflense snail be Imprisoned In the county
Jail not less than ten days nor more than thirty
days. It shall be the dutv OF every sheriff CON
stable. policeman or police oifcer Ito arrest any
person 30 found intoxicated and take hin forth
with warrant before The magistrate. where sucf
| officer shall immediately make information
when the magistrate shall issue warrant h
due torm as. @.eE Sc" sra .M y ... Il
The magistrate before WHOM such person h
tried shall comuel The person arrested II
state under oath when. wnere and from whom
he purchased or received the liquor whioa pro
duced the inboxicatiou I'm whole or In part. ant
the name aud character OF the liquor obtained
all of which shall be reduced 10 wrltinu by tb'
| magistrate and sigued by the defendant, whtel
| abatement shall De hled with the clerk of th,
| circuit court of the county by the DRgtstrat.
who shalt give notice ot such ming TO the state
4 art dot nj ahaIl In n INT