Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1890-04-25

Ivy VI anyone acting in his stead may issue
and take evidence to obtain prelim-
mary injunction, and to obtain evidence for
oD.ainlng perman mt Injunction the same ns
provided in section CT this act. And in case
neglect or failure to perform his duty under
Snls section relative to injunction, any reputa-
PIE cltizen may on application to o justice of
1he peace have a subpnna issued to any person
Y persons TO appear at IL time stated to be OK
anlned which examination shall be reduced
TO writing and signed by the witness or Wit
nesses, whose statements and aflidnvits upon
DeinG presented to a%county or circuit judge, the
s'11a iuuse shall issue q temporary. injunction.
All ueposltlons taken in this action shall be
niea with the clerk Of the court.
SEC. IA. Every person who shall, by the sale,
nhLter or gift OF Intoxicating liquors, cause the
lntoSlcation Ct any other person or persons. |
shal1 be liable for and compelled to pay u rea-
sonabie compensation to any person who may
lake chnrge or and provide for suchintoxicated
person, and SIS q day In addition thereto for
every s'lch Intoxicated person shall be kept in
consequence OF such intoSicntion, to be recov-
cred by civil action in any court having juris-
diction. ~
SEC. Is. Every wife, child, parent, guardian,
or employer or other person, who sha DO in
Jureu ID person or property, or moans Of sup
port, by any intoxicated person, or in conse-
quenee OF lntoSication. hnbitual OR otherwise,
or any person. such wife, child, person or
guardian, or employer, shall have . ri-ht of, in
MS or hef own name againet any person who
shall by selling, b%artering or giving away any
Intoxicating liquors have caused tho into1ioa-
ton OF such perioni in whole or in part for all
damages actually sustained. as we'll us for OK
emplary damages; and a married woman shall
nave tlle right to bring suits prosecute ard
control the same. and the amount recovered, the
same as If unmarried; and all damages recov-
cred by Il minor under this act shall DO paid
either to such minor, or his or her parent,
guardian, or next friend. as the court shall di-
rect; and ell suits for damages undcr this oct
shall be by civil action in any OF the courts OF
this state having Jurisdiction thereof.
SEC. Is. Every person who shall, directly or
indirectly, keep or maintain by himself or by
assoclntlnS or combining with others, or shall
in any manner aid, assist or nbot in Keeping or
maintaining any cluo-Goom, or other place in
which anyintoX eating liquor is received or kept
for the purpose of use, gift. barter or sale as q
the member of any club or association by any
means whatever; and any person who shall
another in barterins, selling or giving away,
any Intoxicating liquors SO received or kept,
shall be deemed guilty of q nisdemeanor, and
upon conviction thereof shall for the first Of
tense be punished by a fine of not loss than
$500 nor more than $1,000, and by imprison-
ment in the county jGil not less than four
successive offense be punished by imprison-
ment in the states prison for u period not to
exceed two years and not less than one. Every
lessor or owner of a building who shall permit or
knowingly suffer to be used. bertered or given
away therein any intoxicating liquor contrary
to the provisions of this act shall be guilty OF a
for the first offense he punished by q fine OF
not less than 5000 nor mors than 81, 900. and by
Imprisonment in the county Jail for not less
than four months or more than ono year, and for
every successive onense be punished by impris-
onment i'll the states prison for a period not to
exceed two Years nor less than one.
Sec. II The giving away OF intoxicating
liquor or any shifts or device. to evado the pro-
visions of this act, shall be deemed an unlawful
SO ling within the provisions OF this act.
SEC. 10 All the fines and costs ..assesed
against any person or persons for any violation
Of this net shall be entered in judgment and
d~oeketed in the Office Of the clerk OF the court,
and when SO docketed shall be o lien upon the
real estate Of such. person or persons until
paid, and may be enforced the same as q judg.
ment for sale of real property in civil action. and
in case any person or persons shall let or lease
any building or premises, or shall permit OF
knowingly suffer the same to be used and occu'
pied for the sale OF Intoxicating liquors contrary
to the provisions OF this act, the premises sc
leased and occupied shall be subielt to a lier
for and may be sold to pay all fines and costs
assessed against any such occupant for an.
violation of this act, and such lien may be on
forced by civil action in any court having iuris
diction; provided, that the person aeains
whom such fines and costs are assessed shall b.
and costs are paid; provided, that no imprison
mont for non-peyment of t!ne and costs shall
exceed the period of six months.
SEC. 10. Whenever application is made to tn
county Judge for a permit to sell intoxicatip
liquors under the provisions Of this act he shal
notify the states attorney thereof, and there
, upon such states attorney shnn uppenr ana nc
|. wise with the said county judge with referenc
to the issuing Of said permit and the approvt
4 OF the bond. NO person who snail inform OF Q
, for shall be Liable Tor the costs incurred in Ut
: such prosecution.
SEC 20. Any city or organization MAJ emplo
an attorney to assist the states attorney I
perform his duties under this act, and such a
torney shall be recognized by The states nttoi
ney and the court as associate counsel in tn
i proceeding, and no prosecution shall be dis
missed over the objection of such ussociat
counsel until the reasons of the states attoYne
for such dismis al, ~tosether with tie objection
thereto of such associate counsel, shall hay
, been filed in writing. argued by counsel az
fully considered by the court.
SEC. II. The court whose duty it shall be t
render judgment in any action or proceedin
growing out of q violation of the provisions c
this act. shall Immediately upon the conyictio:
OF the defendant render judgment; provided
purposes OF perfecting on appeal judgment an
sentence may be suspended for Il period not ex
ceeding ten days, aud then only upon the cour
or Judge thereof entering in u pubic docket t
be kept fer that purpose SO, in his own handwrit
ing, the cause OF such suspension.
SEC. %, In prosecution under this act, by in
dictnent or otherwise, it shall not be necessar
to state the kind Or quantity OF liquor sold, o
kept for sale, and shall not be necessary to de
scribe the place where sold. or kept for sale
excep. in prosecution for keeping an
maintaining a common nuisance, ant
in proceedings for enjoining the same, or whel
a lien is sought to be established against tn
place where such liquors are illegally sold O
kept for sale and it shall not be necessary il
the.Grsr instance for the state 10 prove that TIL
party charged did not have ~ permit to sell in
toxicating liquors for the exceptional purDse
and in any prosecution for tho second or sub
sequent otfense, it shall net be requisite to SO
forth in the information or affidavit or indict
ment q record of the former convictions, but i
shall BIO sufficient briefly to nlls sc such convic
tions and in all cases tho person or persons tt
whom such intoxicating liquors shall huve leer
sold in violation of this act shall be comreten
witnesses to prove such fact tending theraSo
and the member, shareholders OF nssociatel
in any club or association shall be competent
witnesses to prove any violation OF the pro
visions of this act or any fact tending thereto
In actions or proceedings for tho abatemenao
eral reputation of tho place designated i'll thu
compluint shall be admissible for the purpose
Of proving the existence OF such nuisance, ane
in all cnses other than those where intoHicatin:
liquor ia lawfully sold by virtue of the provis
ions of this act the fact that any person engaged
in any kind o. business has or keeps in or nDoa'
his place of business q receipt or stamp SHOW
ing payment OF the soecial tax levied under tht
laws OF the United Statos upon the business o
selling distilled, malt or fsrInented liquor, o.
the holding of a license from the government o
the United States in the name OF any person
persons or corporation to sell intoxicating lq
uor shall be held and deemed TRINA facie evi
dence against such person, persons or corpora
ton that he, they or it are keeping for sale ant
selling Intoxicating liquors contrary to law
And upon trial Of every Indictment, iniorlnl
ton or contempt proceeding for violation OF tn
provisions O. this act proof of the finding o
Intoxicating liquor in the possession OF the ac
cused, in any place except his private dwell.
ing house or it's dependencies, or in sucl