Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1890-04-23

any building or premises or shall permit OF
suffer the same tn be used and occu-
pied for the sac Of Intoxicating liquors cont ary
leased and occupied shall be sub,s sui. to : lien -
for and NAV be sold to pay all hnes and costs
assessed against any such occupant for any
violation Of this act, and such lien may be en-
dictsOn; provided. that the person against
whom such fines and costs are ASSESSED shall be
committed to the county jail until such nnss
and costs are paid provided, that no imprison-
inent for non pa, ment OF tine and costa shall
exceed the period OF six months.
SEC. ~. Whenever ap slic9tion ID made to the
county judge for q permit TO sell intoxicating
liquors under the provisions Of this act he shall
notify the states attorney thereof, and there
upon such state attorney shall appear and ad-
wise with tho said G eunty j. dye with reference
to the issuing of said permit aud the approval
of the hon1 No person who shall inform of Of
fenses under this at or make com 9lsint there
for shall be liable for the costs incurred In any
such prosecution.
Size. 10 Any city or organixat ON may employ
an attorney to assist the states attorney to
perform his duties under this act, and such at
torney shall be recognized by the states attor-
ney and the court as associate counsel in the
proceeding. and no prosecution shall be dis
missed over the objection Of such associate
counsel until the reasons OF tbs states attorney
for such dismis al, together with the objections
thereto OF such associate counsel, ahAll have
been filed In writing argued by counsel and
- i
III sei "a sas - ss3 : 1ss = y
growing out Of . violation Of the pyovisions Of
this =, shall immediately up0a the conviction
OF ths defendant render judgment; provided,
that for praden'isl reasons and for ordinary
purposes OF perfecting all appeal judgment and
ceeding ten days, aud then only. upon the court
or Judge thereof nterfng in public docket TO
be kept for that purno O. In his own handwrit-
ing, ths cause OF such suspension,
0rf Tvp1 ti<ot. ,uAar ~ hV tn.
dlctment or otherwise, 1t shall not he nee ssary
TO state the kind Or quantity OF liquor sold. or
kept for sale, and shall not be necessary to de.
exoep. in prosecution for keeping and
maintaining . common nuisance, and
In proceedings for enjoining tho same, or whan
place where such liquors are illegally sold or
kept for sac and IL shall not be necessary in
thesfr instance for the state to prove that the
o.i aIiy atins iauors fer the e.esptionsi
and in any prosecution for the second or sub
sequent Off nse. il shall not be requisite to set
forth in ths information or affidavit or indtct.
ment q record OF the former convictions but II
shall be sufficient briefly to all &c such convic-
tions and N all cases the person or persons to
whom such intoxicating liquors shall have heen
witnesses t0 prove such fact tending there 10 !;
and the members, shareholders or associates
in amy club or asso ,tation shall be competent
witnesses to prove any violation OF the pro.
visions OF this act any fact tending thereto.
In ,tions or proceedings for the abatement Of
nuisances under this act evidence Of the gem
Sral reputation Of the place designated In the
complaint shall be admissible for the purpose
Of proving the eKstsnce OF such nuisance, and
In ali cases other than those where Intoxicating
liquor is lawfully sold by virtue Of The provis,
ions of this act the fact that any person engaged
in any kind OF business has or keeps In or about
his place OF business a rece pt or stamp show
ing pa ment of the srecial tax leviet under the
laws OF the United states upon the bushes, Of
Sc ling distilled, malt or ferm nted liquor, or
the holding of q license from the government OF
the United States In the name Of any person,
uor shall be held and deemed rrima facie owl
dense against such person persons or corpora.
tion that he, they or 1t are keeping for sale and
And upon trial OF every Indictment, inform !.
ton or contempt proceeding for violation OF the
provisions OF this act proof OF the finding OF
intoxicating LIQUOR In the possession OF the nc.
ing house or its dependence es. or In such
dwelling house il the same 10 tavern, store.
public eating house. grocery or other place Of
public resort or In unusual quantities In tn /,
private dwelling house or its dependencies Of
any person keeping tavern, store. public eat
ting house, grocery. or other place Of public re-
authorized to sell the same shall be received
and acted upon by the court or Judge 80 rrpre-
sentative evidence that such liquor was kept
SEC. u. No person shall he excused from tes
tifying touching any offense committed by
another age INST any Of the provisions Of this
inste himself ithe witnessl, but the testimony
given by such person shall in no ease be used
against him.
duty OF all courts OF this state before whom .
grand jury 10 summoned, TO charge such grand
jury especially concerning this aot, and direct
said jury to inquire particularly Of all violations
OF snG sny g. &, Any take or re-
ceive any order for Intoxicating liquor from
any person In this state other than . person
81 e .o
iIqaors with any r.r:on . shi: State other
the nrst oissass snsil 8 assnsed guilty Of ms u.s.
siSs oisn:s @ sS.si bs 1ssSSa guilty q fssony:
and thsrso. sna BE-
selling intoxicating liquors,
SEC. ". Whenever the father. mother.
brother, sister, wife, husband or guardian or
any relative of any person shall notify any
druggist that such person, naminR him, uses
intoxicatin liquors IS beverage, and shall
forbid said druggist from selling, bartering or
giving n 70 such person % M any in.osiesains @ Liquors.
such notice. TO lot any such person have any
into oxicating liquors upon any terms or condi-
tions whatever. Amy druggist who shall violate
guilty Of . misdsmeanor, aud upon conviction
thereof shall be fined In any sum not less than
500 nor more than sl,Oco and shall be impris-
oned in the county jail for . period not less
than four months nor moro than one year.
Sec. y. The treating or giving Of any intoxi.
eating liquors to any minor by any person
other than his father, mother or guardian Of
such minor, u physician for medical pur-
poses. shall be unlawful, and any person vio-
lating the provisions OF this section shall, for
the first ofense DO deemed guilty Of misde-
Ineanor, and for the second and each succeed
ing ofiense be deemed guilty Of felony. and
upon conviction thereof rhail be punished
therefor as provided In tho last proceeding
section Of this act fos unlswfuliy selling fntoxf-
eating liquors.
SEC. %. It shall be unlawful for any person
20 be in an intoxicated condition in any public
street, public hishway or any other public piaes
In the state; and upon conviction before any
justice Of the peece or police magistrate shall
bs punished BY nne of 95 and costs OF prose-
cution OF by imprisonment In the county jail
not exceeding ten days. II shall be the duty
OF every sherifi, able roll ceman or peace
oascer TO arrest any person found Intoxicated
and take him forthwith vii hout warrant before
the magistrate, where such olicer shall imms.
dtsteiy make Information, whom the magistrate
shall issue warrant In due form.
The magistrate tofore whom such person 10
tried shall compel the person 90 arrested TO
state under oath whom. whore and from whom