Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1890-04-25

suit upon all bonds or .ecognizances yorfaitni
imme tnre a rsoar tie happening of such
pay all money go collected, as herein nrov;aodT
into the treasury OF slid county, and to take
the deao,p y OF sa ne .r ssesslrer therefor; it shall be
temporarily, to a speci.l fund, to be disposod .,
as hereinafter provided; said STATES ntLornevis
hereby to traw his warrants in each
case separately upon such fund, to pay the ey-
penses actually and necessarily incurred Nv
him in securing the IN for and enforc,
ing the provisions OF mis- act: Provided, how
ever, hat no treasurer shall pay any OF said
warrants SO drawn by the states attorney "a
aforesaid, until he files an itemizea statan, u
OF such eNpenaes IN each and every case, duly
were actually and necessarily incurred To mo.
mote the ends above expressed, ana that tho
same have not been laid. Said treasurer shall
by proper entries upon his books speciacni1v
designate the action In which such monev il
received and paid out and any balance re,ns;n.
i::s on the first Monaay in January in each year,
after me nee sssary expense herelnbefore speci.
fed, shall be by sucn treasurer passed Ia Tho
credit OF the common school fund. ii any
states atsorney shat fail. neglect or refuse to
by this act, he shall be deemed guilty of y
misdemeanor, and upon conviction thereof
shall be tlned IN any sum not less than 500 nor
more thsn Sl,uoe, and be imprisoned in the
county jail not less than four months nor mora
than - year; and s1ch conviction sllall operate
as a forfeiture OF his office, and tho court before
and adjudge such forfeiture of Office in nddition
to the fine and i'm Imprisonment imposed as herein
provided. And whenever the states attorney
shall be unable or shall neglect or refuse to on.
forco the provisions of tlis act in his county or
for any reason wilatever the provisions of tins
net shall not be enforced i'll any county, it shall
be the duty OF tho attorney-seneral to enforce
the same in such county, and for that purpos,
he may appoint q reputable attorney a. he
shell see nt' ana such attorney shall be author
lied to sign, verify and file all such complaints,
informations, petitions and papers as the
states attorney is authorized to sign. verify or
file, and 70 co ana to perform any act that the
states attorney might lawfully do or per ornn
and for such services the said attorney so mn,
pointed shall receive s. fee of $50 upon each
coant upon which the defendant shall be con
vi.ted, to oe taxed and collected in the same
manner, except thai in all cases where there
shall be q conviction and the attorneys fees Us
provided Tor IN this act shall not be paid by the
from jail the county where such conviction is
had shall then become liable to such attorney
80 appointed Us aforesaid ami prosecuting such
case ZOE q Zee OF so upon each count upon
which the defendant shall have been convicted.
SEC. IS. All places whore Intoxicating liouors
are sold, harDorcu or given away, in violation OF
any OF the provisions OF this act, or where per-
sons ore permit d to resort for the purpose of
drinking Intoxicating liquors as q beverage, or
whore Intoxicating liquors are kept for sale,
barter or delivery in violation of this act, are
hereby declared to be common nuisances; and
il the existence Of such Duisances be estab-
lished, either i'll q criminal or equitable action,
finding such place to be q nuisance, the sheriff.
his deputy or undersheriff. or any constable OF
q proper county or marshal OF any CITY whore
the same is located shall be directed to shu t
up and abate such places by taking possession
thereof. II he has not already done so under the
provisions OF this act, and by taking possession
of all such Intoxicating liquors found therein,
together with all signs, screens, bars, bottles.
glasses and other property used In keeping and
maintaininss such nuisances, and such personal
property 30 taken possession of shall, after
Judgment. be forthwith publicly DESTROYED by
such officer, and the owner or keeper thereof
shall, upon conviction, be adjudged guilty of
maintaining a common nuisance, and shall for
tho first odense DO punished by u fine Of not
less than $500 nor more thnn 81, 600 and by i'm
prisonment in the county Jail OF not less han
four months nor more than one year, and for
the second and every successive otfense be pun
ished by imprisonment in the states pris N for
nperlod not exceeding two years and not less
ance shall securely close said building, erection
or place where such nuisance was located as
against the use or occupation of the same for
saloon purposes and keep the Same securely
closed for q period of ons year unless sooner
released as hereinafter provided. and any per-
son breaking open said building, erection or
place, or using the premises 80 o,dered to be
closed, shall be punished for contempt, az here
matter provided, In case of violation OF iniunc-
lions; provided, however, that when leasehold
premises or adjudged to be O nuisance, the
owner thereof shall haze the right to terminate
the lease by giving three days notice thereof
In writing 10 the tenant, and when tina is dont
the promise shall be turned over to the owne'
upon the order of the court or judge. But the
release OF the property shall be upon condition
that the nutsances shall not be continued, nne
the return OF the property shall not release AM
lien upon said property occnsioned by any pros
ecution of the tenant. If tho owner appear ans
pay oil costs OF the proceedings and file a bono
with %sureties to be approved by. the clerk il
the full value of the property to be ascertained
by the court or judge, conditioned that he will
Immediately abate such nuisance and prevent
the same from neing established or kept there
in within the period Of one year thereafter, the
court, or in vacation tho iulgo may, ii salts
fled of his good faith, order the premises tnNen
and closed under the order Of abatement, to be
delivered to nd owner and said order OF
abatement cancelled so for as the sams may re-
late to said property, and if the proceeding be
therein paid before Judgment and order Of
abatement, the action shall thereby 30 abated
provided. however, that tho release OF the prop
erty under the provisions Of this section shall
not release it from any Judgment, lien or PEN
atty or liability to which it may be subject
under any other statute or law. The attorney
citizen of the county where such nuisance
exists or is kept or is maintained, may main
tain an action in the name OF the state to abate
and perpetually enioin the same. The injunc,
tion shall be granted OF the commencement OF
the action in the usual manner of granting In
functions, except that the affidavit or com
plant, or both, may be made by the states
attorney, attorney general or his assistant
upon and belief and no bond shall
be required. and ii On q tidavit shall be pre-
sonted to the court or judge stating or showing
that intoxicating liquor, particularly describ-
ing the same. is kept for sale, or is sold, bar
tered or given away on the premises, par
t%icularly describing the Same, where said
nuisance is located contrary to low, the
court or judge must at the same time OF grant.
ing the insaid writ of Injunction, OF the time OF
such service to diligently search the premises
and carefully invoice all the articles found
| therein, used in or about the carrying ON OF the
| unlawful business for which search and in
| voicing said officer shall receive the sum OF $40
| in addition to the fees now allowed by law Tor
| serving an injunction. II such officer upon
| such search shall find upon such premises anv
Intoxicating liquor or liquors OF any kind, he
shall take the same INTO his custody and Sc
| curely hold the same to abide the final ludg-
| ment in the action the expense for such hold
ing to be taxed as part Of the costs in the
| nction,: and such officer shall also take and
hold possession OF all personal property
found on such promises, and shall take and
hold DO scssion OF suchlpremises and Keep the
same closed until such final judgment. The
finding of such intoxicating liquor or liquors
| on such premises shall BIO primn Iacle evidence
of the existence OF the nuisance comp lined OF.
ANY person violating the terms of any lnJunc-
ton granted in such proceeding shall b. pun
ished for C rntempt, for the first .otfense by q
fine OF not less than $500 nor more rhan Sl,o1O
and by Imprisonment in the county jail not
less than four months nor more than one year,
and for the second and successive otfense OF
contempt DO punished by imprisonment !n the
state prison for a period no. exceeding two
wears and MT loss thun ons year in the discre-
| ton OF the court or Judge thereof. In ease judg-
meut is rendered in favor OF the plaintiff in
any action brought under the provisions of this
,an4;a,, 4,,o ,o,,r$ ori I,1ra renlerinr the Sunla