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

sses. Each witness shall bs sworn BY the
tates attorney to testify 10 the truth, the
Whole truth 81 I, nothing but the truth. and
nay be propoun ed TO him by such
y the provisions OF this act. Tho tss-.
% writing and signsd by such witness. q In the
sking OF dispositions in civil cases For al
purposes in this section tho states attorney n
;ersby authorized and empowered TO administer
'aths Of affirmation TO ali witnesses, and shall
have power to punish any witness Tor contempt
|or or ON account Of any disobediencs of .
refusal to be sworn or answer - .
pol the attendance Of witnesses BY At
aohinent in the same manner and with like
stfecs ~ provided In the code Of civil procs lure.
4 the testimony 30 taken shall disclose the
lact that an onense has been committed * ainut
any OF the provisions OF this act, the stAss.s
attorney shall forthwith file such statement
to6ethe. with his complaint of information
sgainst the person having committed the of.
Tense, In some court OF competent jnris iiction.
ana such statement or testimony together with
the information or complaint Of such states
attorney when verified by him on tniormation
and belief. shall have the sA,ns effect as il such
info NATION or complaint had been verified
pos lively; And thereupon . warrant shall
issue for tho arrest Of tho person or persons
named IN said into, m ,tion. - in other criminal
csses. ana In addition thereto, shall command
the officer 70 whom u may be directed 70 ssizs
and take into custody any and all Intoxicating
y sil1Sss, ys:ssls al Aosslss soatstnta -
session, and safely keep the SANS subject to
the order Of the court: provided the sworn
statement Of the witness OF witnesses, % here.
inbsfors provided, and the complaint of infor-
nation fled BY the states attorney. shall gem
orally describe the property to bs seized and
the place where kept - near - may be. and IL
upon the trial OF such person he shall be con-
vict d Of violation Of any Of the provisions OF
this act the court shali order ~ part Of bis
Judgment, In addition to the penalty herein
prov ided, that the oflicsr having the custody
shereof. shall publicly destroy all such prop
poaes: provided the court shall find and ID.
judge the property % seized was being used
and employed by the defendant for such illegal
purpos, 3: provided. further. thst where the
under oath. giving the name Of the person vi.
Q 'ating the law, the place whore. the unlawful
butness IL carried on and the names Of the Wit.
t the facts can ba proven and the state s attorney
shall fail, neglect or refuse to make an investi.
CATION then the effiant may make affidavit be.
fore some justice Of the peace Of the township.
city or county, wherein the crime has been
committed, giving the name OF the violator Of
the law. tne location Of the place and the
names OF the witnesses hy whom he believes
duty Of such justice Of tho peace and he IL
hereby empowered with the authority to issue
his subpoena for the witnesses as named OF
and other witnesses, whose name shall be
made known by ths first witness or subponaed
such subpoena shall be directed to any sheriff
or constable OF the county, or marshal or po
licman OF any city or town in the county, for
service and eturn according to law. Such Jus.
tice Of the peace shall have power to fine for
and Imay compel the attendance Of
witnesses by attachment and shall have all
the powers for securing and taking the testi,
given to the states attorney. When the evi
dencs 10 taken by the Justice of the peace ana
reduced TO writing, II 1t should show that Q
crime has been CO nmitted, 1t should be certi
fed to the states attorney by the iustice OF the
peace taking the same, and it shall be the duty
Of such states attornev. on receipt OF such evi-
dence to forthwith nle his information In the
same manner a. IL the evidence had been
taken by himself.
SEC. 10. II the statement Of any witness SO
taken before the states attorney or justice Of
the peace, ~ in the last preceding section pro-
vided, shall disclose the fact that intoxicating
liquors are being kept for unlawful sale or pur-
pose, or are being sold by an unknown person
or persons, particularly describing such un-
known person or persons. contrary to the pro-
IN
to be seized. as hereinafter provided
within said county. IL shall be the duty of such
states attorney to forthwith file his complaint
'or informstion), together with such state
ments with any Justice of the peace Of the
county or police magistrate against such place
and the unknown keepers thereof, which infor-
states attorney upon iniormstion and belief.
together with such statement - aforesaid,
shall have the same effect a. II such dnfOrma-
tion or complaint had been sworn 70 posi-
lively and thereupon Q warrant shAll issue,
directed TO the proper ofncer. commanding him
to search the premises described in tho unfor
nation or complaint and to seize all intoxicst-
the same, and arrest the keeper or keepers
saa 's Ses R'Sa q. ..s
to . sher rss
plant or information, and il such justice OF
shall find that the offense charged
ground to believe that the person
or persons so arrested committed the same, he
shalt hold said defendant or defendants to
.sn, ss1r the to
the trial in the circuit court and II upon trial
in tho circuit court suoh defendant or defend
ants shall be found guilty, he or they shall be
more than 81, 900, and to be imprisoned In the
county Jail not less than four months nor more
than one year and for the second and every
ment In the states prison for period not ex-
ceeding two years. and not less than one, and
the court before which conviction may be had
shall also order all the property seized by the
provided said court shall also find and adiudgs
such property was being used by the defendant
ut the time Of such search a0d seizure for the
purpose of unlswfully selling or bartering In
toxicating liquors.
SEQ. Ii. Ofacsrs shall receive the same fees
aud mileage for serving subPRnes issued by
states attorneys and justices Of the peace
under the provisions Of this act - provided
1soss ssn e. ::: sa ss. ss as
as provided for Witnesses in cases be-
fore the justices OF the peace. such
tees shall be certihsd s 70 ths board a OF county
witness fees for attendance before grand jury.
All Witnesses shall attend upon the states At
his snbposna without ths payment Of any fees
in advance. For every conviction under this
act there shall b allowed an attorneys fee Of
s25 upon each count upon whioh the defend
taxed as costa In the case to b paid into the
county treasury a. hereinafter provided. II
any prosecution begun BY the states attorney,
citizen with written consent OF approval Of
the states attorney or attorney general. under
the provisions Of thf, act. shall fail. the costs
such u1is'; Ne Is. sounty
such prosecution o. actton WA begun.
SEC. 70. II shall be the duty Of the states ct.
torneys 20 diligently prosecute any and all
persons violating any Of the provisions Of this
suit upon eli bonds or recognisancss forfeited.
tmmediately aftsr the happening OF such
iorfeiturs, TO recover the penalty, and to
Pay q! money % eo'lscssd e a:r.in PTovissd
the receipt Of the Treasures thsrsfor It shall be
the daty Of said treasurer TO credit said money
20 special fund. 70 b disposed Of
hereby empowseed 70 draw his warrants IN each
psn:s: 9sss Pssa:y s@d 'ss seoesssry nessrsd 81
as h 4. Z s q ss ss ~ "a
ever that no treasurer shall pay any Of said