Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1890-04-25
sive otfense shall ee deemed guilty of a felony.

0uA upon Uu0IoOl buUAk 10 EullSu0u
therefor as provided in this act for u%nlawfully
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 him, uses
intoxicatin- liquors Us q beverage. and shall
forbid said druggist from selling, bartering or
giving to such person any intoxicating liquors,
it shall be unlawful for any such druggist, after
Intoxicating liquors upon any terms or condi-
tions whatever. Any druggist who shall violate
the provisions OF this section shall be deemed
guilty OF q misdemeauor, and upon conviction
thereof shall be fined in any sum not less than
5000 nor more than $1,000 and shall be impris-
oned in the county loil fora period not less
Sec. 81. The treating or giving of any intoxi.
eating liquors to any minor by any person
other than his father, mother or guardian at
such minor, or q physician for medical pur-
poses, shall be unlawful and any person vio-
lating the provisions of this section shall, for
the first otfense, be deemed guilty of q INSIDE
meanor, and for the second and each succeed
ing offense be deemed guilty of felony. aud
upon conviction thereof she'll be punished
therefor as provided in the last proceeding
section OF this uct for u%nlawfully selling intoxi-
eating liquors.
SEC. 2S. It shall be unlawful for nny person
to be in an intoxicated condition in any public
street, public highway or any other public plaza
In the state; and upon conviction before any
Justice of tho peace or police magistrate shall
bo punished by Il fine of 50 anu costs of prose-
cution. or by imprisonment in the county jail
not exceeding ten days. 1t shall be the duty
of every Sheriff, constable, policeman or peace
officer to arrest any pcrson. found intoxicated
and take him forthwith without warrant before
the magistrate, where such officer shall imme-
diately make Information, when the magistrate
shall issue a warrant in due form.
The magistrate before whom such person is
tried shall compel the person so arrested to
state under oath when, whore and from whom
he purchased or received the liquor which
produced the intozicAtion in whole or in part.
and the name and character of the liquor OBJ
tanned, all of which shall be reduced to writing
by the magistrate and signed Ivy tho defendant,
which statement shall re fled with the clerk
of the circuit court OF the county by tho magis-
trate who shall give notice Of such fling to tho
states attorney. lfany defendant shall refuse
to state when, where and from whom he pur,
chased or received the liquor which produced
the intoxication in whole or in part, or to sign
such statement as above provided. he shall be
committed by the magistrate to the county jail,
there to remain until he shall signify his will
tngness to answer CT subscribe to the same:
provided, that if such defendant when SO or
rested shall be intoxicated to such an extent
that he cannot intelligenrly answer. he shall be
lodged by the officer making the arrest. i'll some
suitable place until he is in q condition to be
examined.
Sec. %. II any officer shall fail to comply
with the requirements of any of the PROVISIONS
Of this act he shall be doomed guilty of q mis-
9emeanor, and upon conviction be fined In any
sum not less than $500 or more than 81 200. and
be imprisoned in the county Jail not less then
four months nor more than one year. And
such conviction shall be IL forfeiture OF the OF
fee of such person, and the court before whom
such conviction is had, shall, in addition to the
Imposition OF tine l1ne ana the 1lnprlSOnIleQC
aforesaid order and adjudge the forfeiture OF
his said Office.
Sec. 80. Any officer, agent or employe of g
railroad company, express company; or other
deliver any Intoxicating liquor to ortor any per-
son, TO be sold in violation OF this act: shall be
deemed guilty ola 1niademeanor, and on con-
viction thereof shall be fined not less than
5000 or more than 81 1000, and be imprisoned in
the county iail not less than four mouths or
more than one year.
Sec. 81. II any person for the purpose of pro-
curing the shipment, transportation, or con-
: veyance of any intoxicating liquors from point
to point, or from one place to another within
2 this state, shall make to any company, corpo-
ration or common carrier, or to any agent OF
l such company, corporation or common carrier,
j or other person, any false statements as to the
character or contents OF any box, barrel or
other vessel or package containing such liquors
or shall refuse TO give correct and truthful In
formation as to the contents of any such box,
Q barrel or ether veaselo package SO sought to be
transported or conveyed, or shall falsely mark,
: brann or label such box, barrel, or other vessel,
l or package, in order to concenl the fact that
the same contains intoxicating liquors, for the
0 purpose aforesaid or shall by any device or
G conceallnent procure or u. tempt to procure the
conveyance or transportation OF such liquors
as herein prohibited, he shall upon conviction,
be fined for such oiense not less than $500 or
more than 81, 600, and be imprisoned in the
IL county Jail not less than four months or more
i than one ae.i year "a : Any Any rieb peace nc o ofneeg an9 OF n tn.
" barrel or other vessel or package for examine
ton, rnder warrant to him directed, if he has
w | 1cHSCtLDIe pIOuItuS u DsllGNIuS liz Al JUL
o tains Intoxicating liquors, either before or
while tae same is being so transported or con
veyed.
e SEC. 81. III case any person has besn ar
rested for any violation OF this act, and given
9 - bond, and the bond has been forfeited, and
y before termination OF ihe suit on the bond the
$ defendant has been surrendered to the sheriff
Q by his bondsmen. the defendant shall stand
d committed until NIL costs to that date accrued
0 pay the sat..e, the bondsmen are required to
& pay such costs i'll addition to the costs OF tho
suit on the bond ard q reasonable attorneys
n ices, to be fixed by tho court for the prosecu-
ton of both the criminal charge and the suit
y on the bond: provided. that no defendant shall
be imprisen ned for a longer period by. virtue OF
. this section than is prescribed for the first Of
t tense in section l Of this act.
o SEC. 81. Every attorney general. states at
torney, county auditor or county judge, who
shall neglect o. refuse to re form any duty re-
quirad Of him under this act, the punishment
y for which is not hereinbefore provided by this
r act shall be deemed guilty of q misdemeanor,
and. upon conviction. shall be punished by O
J. fine OF not less than $500 nor more than 1,0OO.
q and in addition thereto shall forfeit his right
l to Longer hold his office, and the court. before
4 whom such conviction is had she'll order and
Q adiudge such forfeiture.
: SEC. "a. Wherever the words states attorney
4 shall be used in this act, thoy shall be con-
Q strued to designate tho prosecuting attorney of
the county, whether he may be known under
F; the name suites. county or district attorney.
SEC. 30. All payment or compensation for
{ Intoxicating liquors sold in violation OF this
act, whether such payments or compensation
DO in money, goods. land, lnboror anything else
whatever, shall be held to have been received
, in violation of law and against equity
and good conscience, md to have been
t /. ceivsd upon e valid promise and
(; agreement OF the receiver fl consideration OF
3 the receipt til reot, to pay on demand to tho
person furnishing such CONFEDERATION the
: amount OF said money. or the Just value OF such
/. goods, and labor or other things. All sales,
f transfers, conveyanceS, mortgages, liens, ct
: tnch.neuvs. pledges and securities OF every
8 kind, which either i'll whole OF in part shall
. have cen made Tor or on account of latoxicnt-
ing liquors, sold i'll violation Of this act shall
be entirely null ard void against all persons
in all cases, aud no rights of any kind
! shall be acquired thereby, and no action of any
kind stall rs niaiatained in any court III This
stare for intoEica.i:,. LIQUORS, OF the value
, ]tneioos, scli III any other stats or county :an-
t trary to the laws OF said st.te CT county, or with
I inuaIr 70 enable nny pereon TO violate any pro-
vision OF tt is ;cr, ncr shnll any action be main
tanned COR the recovery or possession OF my in
toxicating liGuor, or Of the value thereof, ex-
cept il case Wuera persons owning or possess.
: ing suci. liquor with lawful intent may have
l been ;lioealiy deprived OF the Same. Nothing
howe.sr. in :his section, shall e,tsct in any way
negotiub @ pnl,er, i'll The hands OF holders
. thereof. IN good faith fos valuable considers
+ tien, without notice OF any LEGALITY in its in
: ceptiol n trnnsier CT the holder Of land or
: other properly, who may nave taken tine Same
1 in good faith without notice of any do!ect in