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


separately npou suoh fund, to pay the expenses
actually and necessarily incurred by him In Sc
curing testimony for and enforcing the proyi-
sions OF this act: Provided, however. That no
treasurer shali pay any OF said warrants 30
drawn by the States Attorney a. aforesaid. un.
til ne fies an itemiLed statement Of such expens-
self to the effect that the same were aduaiiy
and necessarily incurred to promote tho ends
above expressed, ond that the same have not
been paid. Said treasurer shall by proper Gu
tries upon his books specifically designate the
action In which such money is received and
paid out and any bRisnce remaining on the first
Monday Of January in each year, after the pay
ment OF the necessary expenses hereiabet0re
specified, shall be by such treasurer passed to
the credit Of the common school fund. III any
states Attorney shall fail. neglect or refuse
20 faithfully perform auv duty imposed upon
him by this act. he shall be deemed guilty Of D
misdemeanor. and upon conviction thereof
shall be fined In any sum not less than 81 100 nor
more than $500 and be impris isoned in tho
county jail not less than sixty DAYS nor more
than six months: and such conviction shall OPP
crate ~ forfeiture OF his Office, aud the court
before whom such conviction may be had shall
order and adIudRe such forfeiture Of Office
in addition to the fine and imprisonment as
herein provided. And when the states attor-
ney shall be unable, or shall neglect or refuse
to enforce the provisions Of this action I'm his
county, or for any reason whatever the provis-
ions OF this act shall not be enforced In any
county, 10 shall be the duty OF the attorney
general to enforce the same IN such county. aud
for that purpose he may appointa reputable at
torney as he shall see ut, and aueh attorney
shall be authorized TO sign, verify and file all
such complaints, informations, indictments.
petitions aud papers Is the states attorney ~
authorized TO sign. verify or tle and to do aud
TO perform any act that the states attorney
might lawfully do or pertorm aud for such SER
vices the said attorney 80 appointed shall re-
Ceive fee Of $50 upon each count upon which
the defendant within one month after his re-
lease from Jail. the county where such conyic-
ton Is had snail then 3sSoms liable TO such at
ing such case, for a tee Of S25 upon each count
upon which the defendant shall have been oon-
Victed.
Sec. IS All places where intoxicating uors
are sold bartered or given away, In violation OF
any Of the provisions Of this act. or where per-
sons are permit ted to resort fur the purpose Of
drinking Intoxicating liquors az "A beverage. or
where Intoxicating liquors are kept for sale,
barter or delivery In violation OF this act, are
hereby declared to he common nuisances: and
II the existence OF such nuisap ce be established,
either In q criminal or equitable action, upon
the Judgment of a court or judge baving juris-
diction, finding such place to be nuisance, the
sherif, his deputy or bis undersherih, or any
constable of the proper county or marshal OF
any city where the same is located shall be di-
rected to shnt up and abate such places by TAX
lug possession thereof, IL he has not already
done 80 under the provisions OF this act, and by
taking possession Of all such intoxicating
liquors found therein. together with all signs.
screens bars bottles, glasses and other proper
ty used In keeping aud maintaining such nui-
shuCe, anu huCn pefBOuhl 30 taken DOS
session of shall, after Judgment. be forthwith
publicly destroyeda-by such officer and the
owner or keeper thereof shIll upon conviction
be adjudged guilty Of maintaining common
nuisance, and shall for the first offeDso be pun
ished by q fine of not less than 800 nor more
than $500 aud by imprisonment in the county
jail OF not less than 30 days nor more than one
year, and for the second and every successive
offense he punished by imprisonment in the
state prison for q period not exceeding two
wears and not less than one: and said
officer abattng such nuisance shall Sc
curey close said building, erection or
place where such nuisance was located
as against the use or occuDation Of the same for
saloon purposes. and keep the same securely
released ss hereinafter provided. aud any per-
son breaking open said building, erection or
place. or using the premises ordered To be
closed, shall be punished for contempt, "a here
matter provided, in case of violation of injuuc-
tions; provided. however, that when leasedhold
premises are adjudGed to be a nuisance, the
owner thereof shall have n right TO terminate
the lease by giving three days notice thereof,
In writing to the tenant, and when this IL done
the premises shall be turned over to the owner
upon the order Of the court or judge. But the
release of the property shall be upon condition
that the nuisances shall not be continued, and
the return Of the property shall not release any
lien upon said property occasioned by any pros
ecution Of the tenant. II the owner appear and
pay all costs OF the proceedings aud file bond
with sureties TO be approved by the clerk In the
full value OF the property TO be ascertatned by
the court or nudge, conditioned that ne VIII I'M
mediately abate such nuisance and prevent the
same from being established or kept therein
within the period OF one year thereafter, the
court, or in vacation the judge NAV, II satisfied
OF his good fat h, order the premises taken aud
closed under the order o. abatement. 20 be de-
livered TO said owner, and said order OF abate-
ment cancelled 20 far "a the same may relate TO
said property, and II the preceding be an action
iu equity and bond be given and cost therein va Id
before Judgment and order Of abatement the ac-
ton shall thereby he abated /: provided however,
that the release of the prOEerty under the pro-
visions of mis- section shall not release IL from
any judgment. lien or penalty, or liability to
which IL NAV DO subject under any other stat
ute or law. The attorney general, bis assistant.
state attorney, or any citizen OF the county
where sucn nuisance exist. or is kept, or Ia main
tained. may maintain an action In the name OF
the state ~ abate and perpetually enJoin the
same. The injunction shall be granted at the
commencement Of the action In the usual man
ner Of granting injuuctions. except that the
affidavit or complaint, or botE, may be made by
the states attorney. attorney general or his as
sistant upon information and belief: and no
bond shall he required. :and IL an affidavit shall
be presented to the court or Judge stating or
showing that Intoxicating liquor, particularly
describing the same is kept for sale, or Is sold.
bsrtered or give away OIL the premises, par
ticulary describing the same, where sstd
nuisance IL located coatrary TO law. the court
or jndge must at the same time OF granting the
Injunction. issue his warrant commanding the
officer serving said writ OF Injunction, a. the
time OF such service to diligently search the
premises
found therein used In or about The carrying on
OF The unlawful business; for which search and
invoice said officer shall received the sum Of III o
in addition to the fees now allowed by law for
serving an injucntion. IL such officer upon such
search shall md upon such premises anv In:
toxicatinR liquor or liquors of any kind, he shall
take the same into his custody and securely
hold the same TO abide the final judgment In
the action (the expense for such holding TO he
taxed ~ part of the cost IN tho actionl; and
such officer shalt also take and hold possession
OF all personal property found on such premises.
aud shall take ana hold possession ot such
premises and keep the same closed until hnal
Judgment. The finding OF such Intoxicating
lianor or liquors ou such premises shall be
prime facie evidence OF the existence OF the
nuisance complained OF Auv person violating
the terms OF any Injunction granted In
such proceedins shall be punished for
fine of not less than 800 nor more than ~ 900
and by imprisonment Ia the county tail not less
than sixty days nor more than six months, and
f"r the second and each successive onense OF
contempt be punished by imprisonment in the
states prison for period not exceeding one
year aud not less than six months. in the discre-
tiuu OF the court or judge thereof In case judg-
ment IL rendered in favor of the plaintiff In any
action brought under tue provisions of this SEQ
tion, the court or judge rendering the same shall
also render Judgment for q reasonable attor-
neys fee in such action in favor Of the plaintiff
and az Iinst the defendants therein, which at
torney's fee shall be taxed and collected as 9TH
er costs therein and when collected, paid 10 the
y VI
att lOrney be ths states attorney or AT orney gen
erai suct attorneys fee shall be paid into the
county treasury. Iufcontempt proceedings aris.
Ing out OF the violation Of snyiiniunction grant
ed under the provisions Of this act. the court o,
in vacation the Judge thereof, shall have DowHr
10 try summarily and punish the party or part ies
guilty required by law. Processes shall run
In the name OF the state OF South Dakota. The
affdaylss upon which the attachment for con-
tempt issues. shall make prima faeie case for
the state. Tho accused may plead In the same
manner rs 20 an indictment, In 30 far as tn.
same 10 applicable Evidence may he oral. OF
In the form OF affidayits or bots; the defendant
may be required 70 make answer TO duterrogat.
ories, either written or oral, as In the dis.
creton OF the court or judge may seem proDer
the defendant shall not be entitled 10 q dis
charge upon his denial Of the facts stated IN
the moving papersi the clerk OF the court shall
upon the application OF either partv iasne sub
rCenas for witnesses, and except as above set
forth the practice Ia each contempt proceed
ings shall conform as nearly ~ may he TO thai
adopted by the nineteenth. rule OF the supreme
court OF the United States for proceeding Il
| equity ia the circuit courts. The states attor
nsy or anyone acting In his stead may issus
/ subpoenas and take evidence TO obtain preIim'
N.,l.s