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

JuU&m6uG, IN 6UOlGlOu 10 Vu0 p008lCY t6of6tn Il
provided, that the ofacer having the custody
thereof, shall publicly destroy all suoh prop
erty used and emp.oyed for such illegal pur-
judge the property 30 seized was being used
and employed by the defendant for suoh Illegal
PURPOSE 3 provided. further, that where the
under oath, giving the name Of tho person vi.
o ating the law, the place whore the unlawful
buiness ia carried on and the names Of the Wit
ness or Witnesses, by whom the afiant believes
the facts can ba proven and tho states attorney
shall fail, neglect or refuse to make an investf.
CATION, then the ahiant may make affidavit boz
fore some justice OF the peace Of the township, |
city or county, wherein the crime has been |
committed, giving the name Of the violator Of ,
names of the witnesses ty whom he believes
tbs o1ense can be proven, and 1t shall be the |
duty OF such justice Of the peace, and he is
his subpoena for the witnesses as named or
and other witnesses, whose name shalt be |
made known by thu first witness or subponaed,
or constable Of the bounty, or marshal or po-
liclnan of any city or town in the county, for
service and 'eturn according to law. Such JUS |
tice Of the peace shall have power to fine for
contempt and may compel the attendance Of
witnesses BY attachment, and shall have all
the po v, for securing sna s.k ,a the test.
given to the state's attorney. When the evil
dence is taken by the Justice Of the peace ana
reduced to writing, if 1t should show that q
crime has boon committed, it should be certi-
fed to the states attorney by the justice Of the
peace taking the same, and it shall be the duty
dence to forthwith fle his Information in the
same manner as i the evidence had been
taken by himself.
SEC. 10. If the statement Of any witness %
taken before the states attorney, or a justice of
the peace, as in the last preceding section pro.
vided, shall disclose the fact that intoxicating
liquors are being kept for unlawful sale or pur-
pose, or are being sold by an unknown person
or persons, particularly describing such I'M
known person or persons. contrary to the pro-
visions Of this act, at any place, generally de-
scribed in the place to be sesrched, and the
property to be seized, as hereinafter provided,
within said county, it shall be the duty of such
states attorney to orthwithf ile his complaint
ments with any Justice of tho peace of the
county or police magistrate against suoh place
nation or complaint, when verified by suoh
states attorney upon information and belief,
together with such statement as aforesaid,
shall have the same effect as if such informa-
ton or, complaint had been sworn to posi-.
lively; and thereupon q warrant shall issue,
directed to the proper officer. commanding him
to search the promises described in the linfor-
nation or complaint and to seize ell intoXicat-
Ing liquors and oil vessels or bottles containing
the same, and arrest the keeper or keepers
xhen arr.isned before the said ]jusst stsse Of
the peace or police masistrate shall
PLEAD to his or their real name or ma, names; q
plant or Information, and # such juutice or
magistrate shall find that the offense charged
lbs Uoeu COultillGLou, dLu dlsO uuu IuhC Euefe ID
reasonable ground to believe that the person
or persons so arrested committed the same, he
shall hold said defendant or defendants to
await the action the grand jury and shall hold
all such property seized to await the result of
the trial in the circuit court and If upon Trial
in the circuit court suoh defendant or defend
Rnts shall be found guilty, he or they shall be
fined for the first offense not less than 500 nor
more than 81 900, and to be imprisoned in the
county Jail not less than four months nor more
than one year and for the second and every
successive offense be punished by imprison-
ment in the states prison for a period not OK
cceding two years. and not less than one, and
the court before which conviction may be had
shall also order all the property seized by the
officer as aforesaid to be publicly destroyed
provided, said court shall also find and adjudge
such property was being used by the defendant
at the time of such search and seizure for the
purpose of %unlawfully selling or harteriug in
SEC. II. Officers shall receive the same fees
snasr the ss sR : ap ID { %{Rs5'e aot Of q, the nso pssss
receive ths sams less for stssndapee
tees shall be certifed to tho board Of county
commissioners by the states attorney or JUS
tice of the peace, and paio by the county as
witness fees for attendance before a grand jury.
All witnesses shall attend upon the states at
h lGsn sab pc 3ass wieh 90 rn the eI psym M Pu Of anp fee SO
in advance. For every conviction under this
act there shall be allowed an attorneys fee of
= upoA cuSll upoiA N1IlCh Il
ant shall be convicted, and the same shall be
taxed as costs In the casa to be paid into the
county treasury AS hereinafter provided. II
| any prosecution begun by the states attorney,
tho encouragement, OF his assistants. or by q
citizen with q written consent or approval Of
the states attorney or attorney-genoral, under
of ouch prosecution. unless otherwise specified
herein, shall be paid by the county in which
such prosecution or action WAS begun.
Sec. 70. 1t shall be the duty OF the states at
torneys TO diligently prosecute any and all
persons violating any Of the provisions of this
act in their respective counties, and to bring
,unsa.a.s,y otter tive happsnipg OF sueh
pay oil money 30 collected, as herein provided
into the treasury OF said county, and to take
the duty Of said treasurer to credit said MONEY
temporarily, to q special fund. to be disposed Of
as hereinafter provided said states attorney is
| case separately upon such fund, tt pay the OK.
3 penses actually and necessarily incurred by
. him in securing the testimony tor and enforo
r ing the provisions of this act: Provided, how
\ over, that no treasurer shall pay any Of sale
: warrants SO drawn by the states attorney al
$ aforesaid, until he files an itemized statement
l of such expenses in each and every case, dull,
verified by himself to the effect that the sami
. were actually and necessarily incurred TO pro
same have not been paid. Said treasurer shall
+ by proper entries upon his books speoiicall
designate the action In which such money il
r received and paid out and any balance remain
lag on the first Monday in January in each year
after the necessary expense herelnbefore speci
|, fed; shall be by such treasurer passed to tn
s states attorney shall fail, neglect or refuse tt
faithfully perform any duty imposed upon hin
by this act. he shall be deemed guilty Of
@ misdemeanor, and upon conviction thereo
shall he fined IN any sum not less than S20Ono
Q mo.e than $1,000, and be imprigoned In til
y county jail not less than four months nor nor
n than n year; and such conviction shall ope1at
d as q forfeiture of his office, and the court befor
It whom such CONVICTION may be had shall orde
to the fine and imprisonment imposed as hereil
provided. And wheneve the states attorns
shall be unable or shall neglect or refuse to en-
force the provisions of this act in his county, o
d for any reason whatever the provisions of thi
8 act shall not be enforced in any county, it shal
be the duty Of the Acknowledgement to enforc
he may appoint a reputable attorney a3 b
shall see fit, and such attorney shay be author
r lied to sign, verify and file all such complaints
informationB, petitions and papers aa tn
II state's attorney is authorized to sign. verify 9
file, and to Go and to perform any act that tn
J. s snd so 3 a aneb esr mtgnt t ls~1 suid s d9 Or per I I m
pointed shall receive a foe OF $50 upon eao
count upon which the defendant shall be cor
n manner, except that in all cases where ther
shall be O conviction and the attorneys fees q
n provided for in this act shall not be paid by til
o defendant within one month after his releas
from jail the county where such conviction i
had shall then become tablet to such attorne
30 appointed as Aforesaid ami prosecuting sue,
= - - wv OhSA 80u4u upOI
which the defendant shall have been convicted
y Sic. -. All PLACES whore Intoxicating liquor
h are sold, harbpred or given away, in violation 9
any Of the provisions Of this act, or where pei
Q sons are permitt d to resort for the purpoge G
r drinking Intoxicating liquors as q beverage, o
where Intoxicating liquors ore kept tor sale
barter OF de livery in violation Of this act, ar
hereby declared to be common nuisances; an
if the exist nee Of such nuisances be estab
lished, either In q criminal or equitable action
o finding such place to be q nuisance, the sheriff
his deputy or undersheriff. or any constable 9
y q proper county or marshal Of any city wher
the sumo is located shall be directed to shu
9 up end abate such plscea BY taking possessio
thereaf, If he has not already done 80 under tn
provisions of this act, and by taking pos secsio,
8 of oil such Intoxicating liquors found thereir
9 together with all signs, screens. bars, bottles
y glasses andother property used In keeping an
+ maintaining such nuisances, and such persona
property 80 taken possession Of shall, afte
g such officer, and the owner OF keeper tbeteo
! shall, upon cSnviotion, be a~djudged guilty G
the first otIense be punished by 9 fine Of no
4 | nriaonp,apt IN tho nSupau ioj1 ~ pof t,,,' - II