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

Vt04V y w AAhkA4V A4ut08NGG0H MIN
y the exist nee Of such uuisauces be es.ab.
lished. either 10 . criminal or equitable action,
iand!ng such place {, be . nuisance, the sheriff.
his deputy or undershsrtd. OF any constable OF
2 proper county or marshal OF any city where
the same 10 located shall be directed to sh IT
up and shate ouch places By taking possession
thereof. II he has not already done 30 under the
provisions Of this act, and by taking pos es sion
OF all such int officiating liquors found therein,
soSesaer with all signs screens. bars. bottles.
maintain 'nS such nutsanccs, and such personal
pcp.rty 90 taken poss ,ssion of shall, after
such o!icer. AMI the owner or keeper thereof
shall. upon conviction, be adiudesd guilty of
maintaining a common nuisance. and shall for
less than 1900 nor more than 81 1850 and By I'm.
prisonment in the county jail o: not less than
i1nr months nor more h one year. aud Tor
tshedbv Imprisonment int . state's pris II for
q pertod not exec sding two years and not less
than one. and said officer abatiny such nuis-
or place wlere such nuisance was located as
AGAINST the use or occupation OF tho same for
saloon purposes and keep the same securely
released A. hereinafter provided. and any per-
son breaking open said building. erection or
closed. shall 10 punished for CO atempt, a. here.
matter provided, In case Of violation OF injunc.
tons provided. however. that whom leasehold
owner thereof shall have the right to termi, ate
the lease by giving three days notice thereof,
IN writing % the tenant. and when tins is done
the premises shall BIZ turned over to the owner
upon the order Of the court or judge. But the
feiense OF the property shall be upon condition
Tint the nulsances shall not be continued. and
the return o the property shall not release any
Hen upon said ] rnperty accustomed by any pros
ccution of the tenant. III the owner appear AMI
pay ail costs OF T.. proeeedings and hlea bond
the flilt value of the property to he ascertained
by tn. court or judge, conditioned that he will
Immediately abate such nuisance and prevent
the SAnla from Dpifly eat lUliSlai nj. kent thar4.
in within the period Of one year thereafter. the
court: or In vacation the judge may. IL salts
and closed under the order of abatement. to lie
delivered to 9 ID owner and said order OF
abatement cancelled 80 far as the same may re-
late to said property, aud IL the proceeding be
IN aation In equity and bond be given and cost
theron paid befor /, judgment and order Of
aDatement. the action shall thereby . abated (:
provided. however, that the release OF the prop
erty under the provisions OF this section shall
not release it from any judgment, lien or pen
Q ty or liability to which it may be subject
under any other statute or Law. The attorney
general, his assistant. states attorney or any
citizen OF the county where such nuisance
thin an action in the name of the state to abate
and perpetually enioin the same. The injunc-
ton shall be granted et tho commencement Of
functions, except thlt the affidavit or COM
plant, or both. may be made by the states
attorney, attorney-general or his assistant
upon information and belief and no bond shall
be required. md il IN q Ndayit shall be pre-
eente I to the court or judge stating or showing
i ;ns int ineox ss,ua g 2 t li%aosE III p ss'a u r. de Isse nib
tered or given away az the premises, par.
ticnlarly describing the same, whore said
court or Judge must at the same tune Of grant
ing the insaid writ of injunction, at the time of
such service to diligently search the premises
and carefully invoice all the articles found
therein, nsed i'll or about the carrying OH of the
unlawful business for which search and in
voicins said officer shall receive the sum of $40
I'm dix nm In tho fnau maui I.NNun h, In.y f@A
serving an iniunct on. If such officer upon
such search shall find upon such premises anv
int ,%yisa.ting liquor or liauo,s of any kind, he
shat take the Same INTO his custody and Sc
cufely hold the same to abide the final juds-
mont ia the action the expense for such hold
.as 90 "e s and such - p sftIce 81 snail faa s sHsss .a II t sas
hold possession OF all personal property
found on such premises. and shall take and
saMe closed until such final Judgment. Tho
finding Of such intoxicating liquor or liquors
on such premises shall be prima facie evidence
Any person violating the terms Of any injunc-
ton granted in such proceeding shall be pun
tahed for 9 ,ntempt, for the frst otfense BY 9
and by imprisonment In tho county Jail not
less than four months nor moro than one year,
and for the second and successive oftense Of
state prison for a period no. exceeding two
wears and MT less than one year in the discre-
ii u, of the court or Judge thereof. In case juds-
iment is rendered in favor of the plaintiff in
any action brought under the provisions ofthis
section. the court or judge rendering the same
shall also render judgment for a reasonable at
torney'.s fee in such action in favor of the plain
tilt nnd against the defendants therein; which
attorney fee shall be taxed and collected as
other SITS therein. Iaud when collected, pail
to the attorney or attorneys therein provided,
II such attorney bs the states attorney or at
torney general such attorneys foe shall be
paid into the county tronsury. In contempt
proceedings arising out of the violation of any
injunction granted under the provisions OF this
net. the county. or III vacation the JUICE there
II, shal! have power to try summnrily and
punish the party or parties guilty as required
by law; Processes snail run in the name of the
state OF south i,akota. Tie atlidavits upon
shall make a prima facie case for the state.
The accused may plead In the same IN 'nner as
TO an Indictment, in 30 far as the same is APP
plicnble. Evidence may lie oral. or i'll the form
oil afiidavits, or both the defendant may be re-.
lairod to make answer to interrosatories.
either written or oral. rs in the discretion OF
the court or judge may seem proper; the de-
PENDANT shall not bs entitled toa discharge
upon his denial Of tho facts stated in the NOV
tie application OF either party issue subpoenas
for witness -. aud except as above set forth
the %practics in such contempt proceeding slall
by the nineteenth rule of the supreme
court Of the United States for proceeding in
equity in the circuit courts; The states attor-
ney or anyone acting in his stead may issue
subpnnas aid take evidence to obtain preliin-
mary Injunction. and to obtain evidence for
oDthiul 3 yeLulHu mt lu1uuCLlON the same u
provided in section Q II this act. Aud in case
of the absence of tho state's attcrnev. or his
neglect or failure to perform his duty un ler
thu section relative to injunction. any reputa-
Bile citizen may on application t, a justi of
the peace have q sibpn ma issued to any person
or persons to appear IT a time stated t. be ex-
ahmed; which examination shall be reduced
to writing and signed by tho witness or Wit.
nssses, whose statements and aaidavits upon
being presented to a county or circuit judge, the
said Judge shall issue q temporary injunction.
All deposilio4s taken in this action shall lie
filed with the clerk flha court.
SEC. IL. Every person who shall, by tho sale,
barter or gift Of Intoxicating liquors, cause the
intoxication cf any other pers u or PERSONS,
shall bs liable for and compelled to pay a ron
sonable compensation t, any per son who may
take charge Of and provide for suc hintoxicatcd
person, and 81 q dav III addition thereto for
every such intoxicated person shall be kept in
c nseluence of such intoxication, to he recov-
cred by civil action in any court having iuris-
diction.
SEC. Is. Every wife. child, parent. guardian,
or enn,9yer 9r other person, who eha ! be in
norss IN IN n rsv ;n 2, ,EsspsIlS ysr sr la ct i, q sup.
Iuence of intoxication. ha6itual or otherwis..
or any person. such wife, child. person or
guardian. or employer, shall have q rlsht of, in
shall by ceiling, bartering or giving sway any
Intoxicating liqulrs have caused the intoxto,-
ton of such perion iR whGlo or in part for all
damages Sstua!!y sustained. as well as for OK
emplhrJ DAMAGES ard q married woman shall
have tho ri-ht to bring sui o. prosecute AID
control the same aud the amount recovered, the
same as II unmarried; and all damages recoy-
cred by a minor under this at shall be paid
either to such minor. or lis or her parent,
grardian. or ncxt I lend. as the court shall di.
rect and all suits for damages under his act
.lall be by civil action in any Of the courts of
inlirsclIys. keaip or asSaiutaih by nimssif Or 3 by
as, g iating o. combining with others, Of shall