The Hot Springs star. (Hot Spings [Hot Springs], Dakota [Dakota Territory, i.e. S.D.]) 1886-189?, 1890-04-25

:ssy.,. % .ss sssss'ns 9aeh IS h amy = yS!e.. ssss
timony 81 y evorS such ~ witness saan shall hal be- re 1sdu ICED
to writing aud signed by such Witness, % in the
taking of depositions in civil cases. For ali
Hereby authorized a empowered 70 adIninistsr
oaths of affirmation to all Witnesses. and shall
nave power to punish eny witness Or contempt
subpoena, a refusal to be sworn or answer as a
wttness or to sian his testimony, and may COM
pol the attendance Of witnesses by at
e:fccs as provided In the code of civil proce lure.
u the testimony 80. taken shall disclose the
attorney shall forthwith file such statement.
togethe, with his complaint OF Information
against the person having committed the Of.
Tense, IL, some court Of competent juris fiction.
and such statement: r testimony together with
the Information or complaint Of such statcs
and belief. shall have Che same effect as II such
info nation or complaint had been verified
pos lively; And thereupon a warrant shall
named in saidi nto.m ,tion, as in o.her criminal
cases. and i'll addition thereto. shall command
the officer to whom II may be directed to seize
%ltlrors, yess ais and bottles containing the
same. which he may find in such person . pos
session. AMI safely keep thu same, subject to
the orier of the court: provid ID, the sworn
statement of the with SO or witnesses, az here.
inb sfors provided, and tbs complaint of infor.
sAS ~ VAC htG uNGpLiloN. SuNAt 6Su-
orally describe tho property to be seized and
the place where kep 1t as ioar a. may DO. and ii
upon the trial o. sach p rson le shall BIO con-
Wet Il OF violation OF any of the provisions OF
this act. tho court shall order US II paru of his
iadginent. in addition to the penalty herein
thereof. shall publicly destroy all such prop.
erty used and emp Dyed for such illegal put.
poses: provided the court shall find and al.
and employed BY tho defendant Ton such Illegal
pnrpo'ss; provided. further, that where the
states attorney has been notified i'll writing
under oath. giving the name of the person vi.
o ating the law, the place where the unlawful
buinese Is carried on and tho names OF the wit.
ness or witness. 8. by whom the atiiant believes
the facts can be proven and the states ATTORNEY.
shall fail. neglect or refuse to make an investiS
CATION then the atiiant may maze affidavit be.
city or county, wherein thu crime hes been
committed, giving the nalne of the ~yiolator of
the Law, the location Of the place and the
names of the WITNESSES ty whom he believes
ths oisensc can be proven. and it shall be the
DUTY OF svch justice of The peace, and he is
hereby empowered with thu authority to issue
his subpoena for the witnesses as named OF
and other Witnesses, whose name shall he
made known by tn. first witness or subponaed.
such subpoena Shall be directed to any sheriff
or constable OF the county. or marshal or po.
ltcman of any city or t ,wn in the county, for
service and seturn according to law. Such jus.
tice ofthe peace shall have power to fine for
contempt and may compel the attendance Of
witnesses by attachment. and shall have ali
the powers for securing md taking the testi-
mOny of witnesses heretofore in this section
given to the state's attorney. When the evi.
dence is taken by the justice OF tho peace ana
reduced to writing, If 1t should show that a
crime has boon co united, it should be certi.
f.elto the stnte's attorney bv the Justice Of the
peace takfng the same. and IT shall be the duty
OF such states attorney. on receipt of such evi.
dence to forthwith file his information in the
same manner as il the evidence had been
taken by himself.
SEC. 10: If the statement of any witness so
taken before the states attorney. or a justice Of
tho pence, rs in the last preceding section pro.
yided, shall disclose tho fact that intoxicating
pose. or are being sold by an unknown person
or persons, particularly describing such I'M
known person or persons. contrary to the pro-
scribcd i'll tho place to be 81. rched, and tho
property to DO seized, as hereinafter provided.
within said county, it shall be the duty of such
stata's attorney to forthwith file his complaint
Tor INF irmation,.. together with such state
ments with any Justice OF tho peace of the
county so t5S OF police magistrate against suoh place
nation or com platnt. when verified by such
states attorney upon information and belief,
shall have the same effect as If such inforna-
tion or, complaint had been sworn to posi-
lively and thereuron q warrant shall issue.
directed to the proper officer. commanding him
to search the premises described. in the (ntor.
nation or complaint md to seize oil intoxtcat.
ing liquors and all vessels or bottles containing
tho same, and arrest the keeper or keepers
thereof; and said person or persons
when arraiyned bo'ors tho said %justice Of
/ II pohco v ponce mlBlSLrnL0 snail
plead to his or their real name or names. and
snail DO examined upon said com.
plant or information, and ii such justice or
MAGISTRATE shall find TINT the oifense charged
has boon committed. and also find that there is
reasonable ground to believe that the person
or persons SO arrested committed the same, he
snait hold said defendant or defendants to
await the action the grand jury and shall hold
all such property seized to await the result of
in the circuit court suoh defendant or defend.
ants shall be found guilty, he or they shall be
lined for the first ofonse not less than : 100 nor
county Jail not loss than four months nor more
than one year and for the second and every
successive offense he punished by imprison-
ment in the states prison for a period not OK
ceeding two yenrs. and not loss than one. and
the court before which conviction may be had
shall r. also order all the property seized by tho
provided, said court shall also find and adiudge
such property was being used by the defendant
purpose of %lnlawfully selling or bartering in.
toxicating liquors.
SEC. II. Officers shall receive the same fees
and mileage for serving subprnas issued by
under tho provision, OF this act MS provided
in sfi'ni th \ e a,as and nd yitnesses shah
as'e provid Ias for same witnesses ,ess fq ip e ssseadan %s.
fore the Justices OF the peace. Such
tees shall be cortiied to the board Of county
tice of the peace. and paia by the county a.
witness fees for Attendance before a grand jury.
All Witnesses shall attend upon the states at.
torney or Justice OF the peace in pursuance to
his subpoena without The payment Of any fees
in advance: For every conviction under this
act there shall be allowed all attorneys fec of
S25 upon ench count upon which the defend
ant shall be convicted. and the came shall be
taxed as costs In the casa to be paid into tho
county treasury as hereinafter provided. If
any prosecution begun by the states attorney,
tho attorney general. or his assistants. orb by q
citizen ei z = With = written Sensent, OF approval Of
the provisions of thf, act, shall fail, the costs
OF such prosecution. unless otherwise specified
here n, shall be paid by the county i'll which
such prosecution or action was begun.
SEC. Il. 1t shaii be tho duty Of the states at.
toi1eys TO diligently prosecute. any and all
persons violating any OF tho provisions of this
act In their respective counties, AMI tn bring
suit uron all bonds or recognizancos forfeited.
igmediately after the happening of such
pay all money SO eollected, as herein provided,
into the treasury Of sail cosnty, al +, take
the receipt of the treasurer therefor 1t sLail be
temporarily. to a special fund, to be disposed Of
rs hsrelnaftes provided said states attorney ia
hereby empowered 10 draw his warrants in eacll
cnsc separately upon such funl, to pay the OK.
him in securing tho Testimony for and en- orc.
Ing tho provisions of this aeti I%rovtled. how,
evcr. that no treasurer shall pay any of sud
warrants 80 dra yn BY the stnt.'s attorney as
of such expenses in each AMI every case, duly
verified by himself to tba efe It that the same
wero actually and necessa fly incurred 60 pro.
mote the ends above expressed, an that tho
BY proper entire, upon his books specihcally
d esignate TO action Ill which 3 oh money is
leceive4 and raid out Oh any ba'ance re main.
i::y on the iirst Monday In .'u:inafy IL eeoh year,
fed, shali7be by such treasurer passed to the
credit Of the common school fund, If any