The DeSmet leader. (DeSmet, Kingsbury Co., Dakota [S.D.]) 1883-1891, 1890-03-15

under this act shall continue In force for ono
year from date thereof. unless sooner forfeited
under the provisions OF this act; provided.
| however, that such permit may be renewed
| from year to year by the county judge upon the
original petition and notice unless a written
request signed by at least Ave residents Of the
| same city, town or township, be flied with said
| judge not less than forty days prior TO the ex
| piration OF such permit. asking that new pc
| tition and notice be required.
Sec s. Il shall be the duty OF the sheriffs,
deputy sherids constablsa. mayors marshals.
and police officers OF any city or town having
notice or knowledge Of any violation OF the
provisions OF this act. to notify the States
Attorney of the fact Of such violation and to
| furnish him the names OF any witnesses with
| in his knowledge bv whom such violation
can be proven If anv such oificer shall fail
| To comply with the provisions OF this section,
he shall upon conviction he fined In any sum
/ rot less than 500 nor more than 1000 and be
! imprisoned In the county jail not less than
/ sixty daya nor more than six months and such
conviction shall be forfeiture Of the ofice held
| by such person: and the court before whom
such conviction IL had, shall, In addition to the
imposition .of the fine aforesaid order and ad-
judge the forfeiture ot iais said Office. For a
failure or neglect Of Official duty In the enforce
ment Of this act. any OF the city or county Of
ficer herein referred TO may be removed by civil
action, In the nature Of \ writ Of quo Tsnto.
which action may be brou0ht by states 'attor-
news attorney general, or bv s1ch person Ms the
attorney general NAV appoint forth purpose.
SEQ q. II the states attorney OF any county
shall be notified bv any 0tioer or other person.
or be coRniEant himself OF any violation Of any
of the provisions of this act IL shall be his duty
forthwith to diligently inquire into the facts Of
such violation and for such purpose he Is here
by authorized and required TO issue his sub
poena for such person or persons IA be NAV
have reason to believe have any Information or
knowledge OF such violation, TO appear before
him at q time and place designated In such sub-
uoena, then and there to testify concerning any
violation Of this act: saio subpoena shall be dt-
rected to the sheriff or any constable in the
county: and shall be served and returned to
such states attorney in the same manner as
subpoenqs are served and ret urned in criminal
cases. Each witness shall be sworn by the
states attorney TO testify TO the truth, the
whole truth aud nothing but the truth, and
true answer made TO all questions which NAV
he propouudsd TO him bv suoh states attorney
touching any violation OF the provisions OF this
act. The testimony OF every such wilt
ness shall be reduced 70 writing and
s0ned by such witness. In the
taking OF deDositious In civil cases. For all
purposes IN this section the states attorney is
hereby authorized aud empowered TO administer
Oaths Of affirmation to all witneases, aud shall
have power to punish any witness for contempt
for on account OF any disobedience of q
subpoena. refusal to be sworn or answer as
witness or TO sign bis testimony. and may COM
pei the attendance OF witnesses by attach
ment In the same manner and With Ike ef-
feet as provided IN the code Of civil procedure.
The punishment for such contempt shall be a
fine not exceeding &l0o nor less than $25, or
imprisonment in the county Jail, there to re-
main until he shall submit TO attend In answer
q
shall be covered into the iouor prosecution fund.
II the testimony so taken shall disclose the fact
that an offense has been committed against anv
Of the provisions Of this actItne states attorney
shall forthwith file such statement, together
with his complaint or Information against the
person having committed the offense. In some
court Uf competent Jurisdiction, and such state
ment or testimony together with the informa-
tion or complaint OF such states attorney when
verified by him on information and belief, shall
have the same effect as u snch information or
AaN tsIS knAW DAD NtunlU nd
thereupOu a wsrrant shall issue for the arrest
OF the person or persons named In said infOrma
tton, as in other criminal cases. and In addition
thereto, shall command the offtcer 10 whom 1t
NAV be directed to seize and take into his GUS
todv any and all int toxtcating liquors. vessels
and bottles containing the same which ne NAV
hnd In such persons possession, and safely keep
the same. subject TO the order OF the court; Dro-
vided. the sworn statement Of the witness or
witnesses, Bs hereinbefore provided, and the
complaint or information filed bv the states at
torney, shall particularly describe the properly
tn he seized and the place where kept
and f upon the trial OF such person he
shall he convicted OF violation OF any OF the
provisions Of this act. the court shall order as
part OF his judgement, In addition TO the penalty
herein provided, that the ONCE having the cus-
todv thereof. shall publicly destroy all such
property used and emploved for such illegal
purposes: provided the court shall find and ad-
judge the DTopertv 50 seized was being used and
employed bv the defendant for suoh illegal pur-
poses: provided. further. that where the states
attorney has been notified In writing under
oath. giyiug the name OF the person violating
the law of the place where the unlawful business
is carried on and the name of the witness or
witnesses, by whom the sfYitant believes the
facts can be proven and tue states attorney
shall fail. NEGLECT or refuse 70 make an tnvestt-
cation. then the afrant may make afnfavit be-
fore some justice of the peace Of tue township,
CITY or county, wherein the crime has been
committed, giving the name Of the vioator c'
the law, the location Of the place aud the
names Of the witnesses bvwhom he believes the
offeuse can be proven, and IL shall he the duty
Of such Justice OF the peace, and he Ia hereby
empowered with the authority TO issue his
subpoena for the witness named or any other
Witnesses whose names shall be made known
by the first Witnesses subpoenaed, Such sub
ToenA shall be directed to any sherif or consta-
bile Of the county or marshall or policeman OF
any city or town in the county. for service and
return according to law. Such justice OF the
peace shall have power 10 fne for contempt and
NAV compel the attendance OF witnesses by at
tachment and shall have all the powers for Sc
caring and taking the testimony Of witnesses
heretofore in this section given TO the states
attorney. When the evidence ts taken by the
Justice of the peace and reduced to writing. If
II should show that u crime has been commit
ted, II shall De certified to the states attorney
by the Justice of the peace taking the same. and
IL shall be the duty OF such states attorney. on
receipt Of such evidence to forthwith file his In
| formation In the same manner as II the evidence
had been taken by himself
Sec 10 II the statement OF any witnes so
taken before the stRtss attorney. or Justice of
| tho peace az In the last preceding section pro-
~.
| liquors are being kept for unlawful sale or pur-
| pose OF are being sold by au unknown person
| or persona. particularly describing snch un-
| known person or persona, contrary to the pro-
| visions of this act. at Apv place, pa, ticularv
| describing thu place to he searched, and the
| property TO he seized, a. hereinafter provided,
| within such county, Il shall he the duty Of the
| states attorney to forthwith file his complaint
| Tor infurmattOn), together with such statements
with such2Statements with any justice Of the
peace or police magistrate OF tho county against
/ nRh MI
| which, information or) complaint, when
| verified bv such states attorney upon
information and belief, together with
snoh statement as aforesaid, snail have tho
same effect a. II auoh information or) COM
| plant had been sworn TO positively; and there
| uprn q warrant shalt issue, directed TO the
| proper officer commanding him 20 search the
| premises described In the dnturmation orr
comnlaint and TO sisLs all Intoxicating liquors
| and all vessels or bottles Containing the same
and arrest the keeper d Keepers thereof; and
| said person or persons when arraiRued before
the said justice of the poace or police msgis-
| trate shall plead TO his or their real name OF
| names and shall be examined upou patd COM
| painJ or information, and IL such Justice or
| magistrate shall hnd that the offense charged
has been committed, and shall also find that
| there h reasonable ground TO believe that the
person or persons so arrested committod the
same, he shall hold said defendant or defend
ants 70 await the action OF the grand jury! and
shall hold all such property selsed TO await the
result OF the tTtAisiu the circuit court. and N
upon trial Ia the circuit court such defendant
or defendants shall be found guilty, he or they
shall he fined for the frst offenss not LEES than
800 nor more than $500. and be Imprisoned
In the county Jail not less than sixty days nor
more than six months: and for the second aud
every successive offeuse be punished by Inn
J pTisonment Ia the states prison for n period
| not exceeding one year. and not less than one,
and the court before which such conviction
may be had shall also order all the property
seized by the oIticer a. Aforesaid TO be publicly
destroyed; provided, said court shall also fiud
aud adJudRe sach property was being used by
the defendant at the time Of such search anu
seizure for tho purpose ot unla~fully selling OF
| bartering Intoxicating liquors.
Sec. IL, Officers shall receive the same fees
and mileage for serving subpoenas Issued by
state attorueys and justices OF the peace urdei
the provisions OF this act as nroy1ded IN crimi.
nal cases, and witnesses shall receive the same
fees for attendance provided for witne6ses In
cases before the justices of the peace. such
fees shall be certified TO the board OF county
commissioners by the state e attorney or Instics
uf he peace, and paid by the county as witness
fees for attendance before \ grand tury. ~
tins af.Il 49,