The Hot Springs star. (Hot Spings [Hot Springs], Dakota [Dakota Territory, i.e. S.D.]) 1886-189?, 1890-04-25

Al
any building or premisss, or shall permit or
knowingly suffer the nafne t0 be used and 0ccu-
pied for the sale OF Intoxicating liquors cont AIRY
to the pro visions Of this act, the promises 40
for aud MAY be sold TO pay all fnes aud costs
assessed against an; such occupant for any
violation Of this act, and such lien may be en-
sttct:on; provided, that the person ayainst
whom su. h tines and costs are ass. ssed shall be
committed to the county. jail until such fnes
ment for non.ps,ment Of hne and costs shall
excoad the period Of six months.
Sec. ~. Whenever ap. lcation 10 male to the
county judge for = permit to sell intoxicating
ltqu IRE under the provisions OF this act he shall
notify the stat 70 attorney thereof, and there
upon such states attorney shalt apnear and adj
wise with the said q l,inty Judge with reference
tn the issuing OF said permit and the approval
OF the bond. No person who shall inform OF Of
ior All, n ihe its + sor The M ro.ts t Enn ,ssMs ~ mere 9
such prosecution.
SEC. 90. Any city or organic ton may employ
an attorney to assist the states attorney to
perform his duties under this act, and such al.
torney shall be recognized by the state's attor-
ney and the court as associate counsel in the
missed over the objection of su b associate
counsel until the reasons of the states attorney
for such dismis al, to either with the objections
thereto of such associate counsel, shai have
been filed in writing, argued by 20 insel and
fully considered by the court.
6Ec. 81. The court whose duty It shall be to
growing out of a violation of the provisions OF
this a,t. shall Immediately upon tue conviction
Of the defendant render judgment; provided,
purposes of perfecting All appeal judgment and
seitt nee may bo suspended for IL period not en-
ceedtng ten days, aud then only. upon the court
he kept for thai purlo ,e, in his own llAndwr lt.
ifs. the cause OF such suspension.
SEC. ~ In prosecution under this act, by in.
dtctinent or otherwise. 1t shall not he nee. ssary
70 state tile kind or quantity of liquor sold. or
kept for sale, and shall not he necessary to de-
scribe the place where sold, or kept for sale.
except in prosecution for keeping and
in proceedings for enjoining the same. or when
II lien IL sought to be established against the
place where such liquors are Illegally sid "
kept for sale aud II shall not be necessary in
thes.tirst instance for the stats to prove that the
party charged did not have a permit to sell in
toxicating liquors for the exceptional purUse;
and in any prosecution for the second or sub
s.elIent OIL nse. it shall not be requisite to set
ment a record of the former convictions, but it
shall be sufficient briefly TO ALL &c such convic-
tions and in all casos the person or persons to
whom such Intoxicating liquors shallhave been
sold i'll violation of this act shall be competent
witnesses to prove such fact tending thereto;
and the members. shareholders or associates
IN uny club or association ahall he competent
witnesses to prove eny violation OF the pro-
visions OF this act or any fact tending thereto.
In a'tions or proceedings for the abatement Of
nuisalces under this act evidence Of the gen.
eral reputation of tho place designated in the
shall be admissible for the purpose
VI provin. the existence OF such nuisance. and
liquor IL lawfully sold by virtue Of Sle provie-
ions OF this act the fact TINT any person engaged
in aiiv kind o. business las or keeps i'll or about
his place OF business II recei pt or stamp show
ing pu meft of the snecinl tax levied under tho
laws of the United States upon the businca, Of
se'lin; distilled. mat OK fermented liquor, or
Tim iii nf n Itrnnt q m fNnt., tia r.A "a
the United states in the name of any person,
persons or corporation to sell intoxicating lil-
nor shall be held and deemed lriina facie evil
dence against such person. persons or corpora
tion IL At he. they or it are keeping for sale and
selling Intoxicating liquors contrary to law.
And upon trial OF every Indictment, informr-
tion or contempt proceeding for violation Of the
provisions OF this act proof of the finding of
Intoxicating liquor in the possession of the ac-
cused, in any place except Ills private dwell
ing house or It's dependencies, or in such
dwelling house ii the same is a tavern. store.
public exiting house. grocery or other plece OF
public resort or in unusual quantities in ths
private dwelling house or its dependencies OF
any person keeping q tavern, store. public eat
Ing house, grocsry. or ether place OF public re-
Sort sp,tI;o "n 1 ! ~ II IN me possession 81 one legally
and a.ted upon by the court or judge as repre-
sentative evidence that such liquor was kept
SEC. u. No person shall be excused from tes.
trying touching any otfense committed by
another again any of the provisions of this
Y ny tc6sOuU VI Ilb u0SLtulOuy VeuuluG 70 CTl1n-
mate himself the witness,, but the testimony
given by such person shall in no case he used
against him.
SEC. "a. 1t shall be and is hereby made the
duty OF all courts Of this state before whom a
grand jury 10 summoned. to charge such grand
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
authorized to sell tho same rs i'll this act pro-
vided. or any person who shall directly or in-
directly contract for the sale Of intoxicating
than q person authorized to sell the same, for
the drst otfense shall be deemed guilty of Q mis-
demeanor. and for The second and each success
sive otfense she'll be deemed guilty OF a felony.
and upon conviction thereof shall DO punished
therefor as provided in this Gct for unlawfully
selling intoxicating liquors.
SEC. 26. Whenever the father, mother.
brother, sister, wife, husband or guardian or
any relative of any person shall notify any
druggist that such person, naming iiiiu. uses
forbid said druggist from selling. bartering or
giving to such person any intoxicating liquors,
1t shall be unlawful for any such druggist. after
intoxicating ltluors upon any terms or condi-
tons whatever. Any druggist who shall violate
the provisions OF this section shall be deemed
guilty of Q nisdemeanor, and upon conviction
thereof shall De fined in any sum not less than
500 nor more than $1,000 and shall be impris-
oned IN the county jail for period not less
kh3Ai Aottk OltI 1NOI ~ Lnuu Ou6 y6HI,
SET. %. The creating or giving Of any intoxi-
eating liquors to any miaor by any person
other than his father. mother or guardian of
such minor. or n physician for medical pur-
llating the provisions of this section shall. for
the first otfense. be deemed guilty Of a misde-
meanor. and for the second and each succeed
ing otfense be deemed guilty of felony. and
upon conviction thereof thall be punished
therefor as provided in the last proceed ng
section OF this act for unlawfully selling intoxi.
eating liquors.
SEC. %. 1t shall be unlawful for any person
TO be in an intoxicated condition in any public
street. public highway or any other public plaoo
IN the state; AMI upon conviction before any
Justice OF the peace or police magistrate shall
be punished by a fine of 81 and costa OF prose-
cution. or by imprisonment IN the county jail
not exceeding ten days. 1t shall be the duty
Of every sheriff. constable. rail- 'emaA or peace
and take him forthwith without warrant before
the magistrate. where such officer shall imme-
diateiy mako information, when the magistrate
shall issue a warrant in due form.
The magistrate ! efore whom such person is
tried shall compel the person 30 arrested to
state under oath wher, where and from whom
he purchased or received the liquor which
and the name and character of the liquor OBJ.
tained, all Of which shall be feauced to writing
TX ty ths mGsistrate and signed by the defandant,
Of the circuit court oftle county by the magis-
trate who shall give notice of such filing to the
states attorney. Ifany defendant shall refuse
to state tat , when, WHARF e and from whom he pnr,,
the iltoxtcation in whole or in part. or 90 sign
such statement as above provided. no shall be
committed by the magistrate to the county jail,
thcre to remain until he shall signify his will
instless to answer or subscribe to the same:
J rovided. that II such defendant when SO ar.
rested shall DO intoxicated to such an extent
by the officer making the arr est. in some
suitable place until he is in . condition to be