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


driaking Intoxicating liquors as . beverage. or
Wt4ee intoxicating lquOrS ar kept for sale.
1Aseer or de livery In violation OF this act, are
0esoby declared to be common nuisances; and
g Ae exist noe Of such nuisance q be estab-
us1od either In a criminal or equitable action,
nndine such place I, be nuisance the sheriff,
h1e ntputy Or undersharfh or any constable OF
pHDpsF county or marshal OF any city whore
the same 10 1ocatel shall be directed TO sh {
np And ahAte such pisces by taking possession
px0Sisions Of this act, and by takng pos es sion
81 ~ such Intoxicating liquors found therein,
eeher with all signs. screens, bars. bottlea.
ga14ses and other property used In keeping and
.nalntaning sueh nuis sances. and such personal
PM2 fty 90 taken POSSESSION OF shall, after
stu09ment be forthwith publicly DESTROYED by
Ill officer, and the owier keeper thereof
x41l, upon conviction, be adiudged guilty of
mMataining cOintnon nuisance, aud shall for
81 hrst often be punished by u fine OF not
See9 than $3.50 nor more than sl 90 and by ini-
prgeonment in the county jail OF not less than
iONt months nor more than one year. and for
~ second AMI every successive oifenss be pun.
tsn4ub by imprisonment ia t q states pris II for
= Alqriod not exec ,dng two years and not less
efeA one. and said officer absting such nuis-
Anes shall securely close said building, erection
o645acs where such nuisance was located a.
AN1lust the use or occupation Of the came for
oon purposes aud keep the same securely
el49sd for period OF one year tunless sooner
Breaking open said building erection or
7 -. OF using the premisss 20 0 dered to be
@ y aes n sEas
ttons; tovided, however, that when lehselloid
preanises sdiudged TO be nuisance the
owner thereof shall have the right to terminate
ehs lease by giving three days notice thereof
In writing the tenant and when this is done
the premises shall be turned over to he owner
upon the order Of the court or Judge But the
release OF the property Shall be upon condition
that the nut sances shall not be continued, and
the retura OF the property shalt not release any
lien upon said property occasioned by any pros
ecution Of tile tenant. IL the owner appear and
pay all costs Of tn proceedings aud Ale bond
with sureties to be approved by the clerk In
thefuli value OF the property to be ascsrtained
by the court or Judge, conditi ioned that he will
immediately abata such nuisance and prevent
tue sam from oeing est ,blished or kept there
in within the period OF one year thereafter, the
court. or in vacation the ju ige may. II satis-
tied OF his good faith, order the premises taken
and closed under the order Of abatement, to be
delivered to sid owner and said order Of
abatement cancelled so far as the sans may re-
late to said property, aud il the proceeding be
m action in equity and bond be given and cost
therein paid beforJ Judgment and order OF
abatement. the action shall thereby TO 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
sty or liability - which it may be subject
under snv other statute or law The attorney
general his assistant, states attorney or any
citizen OF the county where such nuisance
exists or 10 kept or IL maintained, may main-
tain an action In the name Of the state to sbate
and perpetually enjoin the same. The injunc-
tion shall be granted at the commencement OF
functions, except that the affidavit or COM
plafnt. or both. may b~ made by the states
attorney, attorney general or his assistant
upon Information and belief and no bond shall
bs required. and il an tidavit shall be pre-.
sented to the court or judge stating or showing
that intoxicating liquor, particularly describ-
ing the same is kept for sale. or 10 sold, bar
tered or given away on the premises, par
ticnlarly describing the same, whore said
nuisance is located contr. ry to law, the
court or judge must at the same time Of grant
ing the insafd writ OF injunction. at the time Of
such service to diligently search the prenlises
and carefully invoice all the articles found
therein, used in or about the carrying on Of tho
unlawful business for which search and in
voicing said officer shall receive tho sum of SO
In addit on to the fees now allowed by law for
such search shall find upon such premises anv
int 1stcating liquor or liquors OF any kind, he
shat take the same INTO his custody and se-
curely hold the same to abide the final iudg-
ment la tho action lths expense for such hold
ing to be taxed ~ part OF the costa in the
action; and such officer shall also take and
hold possession OF all personal property
found on such premises, and shall take and
hold possession OF suchipremtses and keep the
same closed until suoh final judgment. The
on such premises shall be prima facie evidence
Of the existence Of the nuisance comp ainod Of.
Any person violating the terms Of any injunc-
ished % ior ~ 9 sntempt, Tor the Srst offense By
fine OF not less than 800 nor more than $1,000
and by imprisonment in the county jail not
less than four months nor more than one year,
and for the second and successive offense OF
cont smpt be punished by Imprisonment in the
state prison for . period not exceeding txo
tion OF the court or judge thereof. In case judg-
ment Ia rendered in favor OF the plaintiff in
any action brought under the provisions OF this
section the court or Judge rendering the same
shall also render judgment for reasonable at
tOrneys fee in such action in favor OF the plain
tiff and against the defendants therein which
other C sta therein. land when collected. paid
to the attorney or attorneys therein provided
II such att orney bs the states attorney or q.
torney general such attorneys fee shall be
paid into ..tne county treasury. In contempt
proceedings arising out of the violation OF any
injunction granted under the provisions OF this
Il, shall have power to try summarily and
punish the party or parties guilty required
by law. Processes snail run In the name OF the
which the attachment for contempt issues,
shall make prima face case for the state.
The accused may plead In the same IN ,nner %
to an indictment, in so far as the same ia sp-
plicable. Evidence may be oral. or in the form
OF affidavits. or both the defendant may be re.
quired to make answer TO interrogatories.
either written or oral. as In tho discretion OF
fendant shall not be entitled toa discharge
upon his denial OF the facts stated in the mov-
the application Of either party issue subpoenas
for witnesses, and except as above set forth
the practice in such contempt proceeding ahall
by the nineteenth rulo OF tho supreme
court Of the United States for proceeding in
equity In the circuit courts: The states attor-
subpnnss sid take evidence 10 obtain prelim-
mary Injunction, and 70 obtain evidence for
obtaining perman mt Injunction the same ss
provided Ia section Il this act. And in case
Of the absence OF the states attcraey. or his
neglect or failure 70 perform his duty under
thi, section relative to Injunction. any reputa:.
BILE citizen may on application - justice Of
the peace nave . snbpuna Issued to any person
OF persons to appear IT time stated t. be ex-
amined which examination shall be reduced
ns ss.s
being presented to ac0unty or circuit Judge, the
said judge ahall issue a temporary injunction.
filed with che clerk Of the court.
basler or gift Of iuto1icating liquors, cause the
shall be liable for and compelled TO pay rsa.
se0nabls compensation - sny person who may
take charge Of and provide for such intoxicated
every such intoxicassd person shall be Kept IN IN
consequence Of such int0xication, to be recov-
cred BY civil action In any court having juris-
SEC. l5. Every wife. child, parent, guardian.
or employer or other person, who sha bo fn-
juyed In person or property. OF means OF sup
ausncs Of ii,to1ication. ha6ituai or othsrw wise,
or any person. such wife. child. person or
guardian or employer. shall have fiaht Of, in
shall BY selling. bartering or giving away any
Intoxicating liquors have caused the intoxtei-
ton of such perton in whole or In part Tor al
smpisvy d.masss and : married womsn Va shail
hsvs the right TO bring SUITS prosecute and
control the same. and the amount recovered. ths
cred ~ minor under this 'sct shall bs paid
sussaI.s y ns.s | lend !. tie I . oou.s IT sSsii ai: