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

sive offence shall DO deemed guilty Of felony,
aud upon conviction there Of shall be punished
therefor as provided In this act tor uulawfully
selling Intoxicating liquors ...
Sec. %. Whenever tho father, mother, broth
er, sister, wife, husband or guardian. or any
relative Of any person snail notify any druggist
that such person, naming him, uses Intoxicating
liquors as q beverage, and shall forbid said
druggist from selling. bartering giving to
such person any oxicating liquors, II shall DO
Unlawful for any such druggist, after such no.
tice, To let any such person have any tntoxioat-
ing liquors upon any terms or conditions what
ever. Auy druggist who shall violate the pro-
visions NJ this section shall be deemed guilty
Of misdemeanor, and upon conviction thereof
shall be nned in any sum not less than 800
nor more than $500 and shall be imprisoned In
the county jail fora period not lees than sixty
days nor more than ak months.
Sec %, The treating or giving OF any tntox
tcatin2 liquors To any minor by any person 9TH
er than the father, mother or guardian OF such
minor. or a physician for medical purposes, or o
minister OF the gospel, or other church officers
for saeramental purposes, shall be unlawful,
and any person violating the provisions OF this
section shall for the first otfense be deemed
guilty OF misdemeanor, and for the second
and each succeeding offense be deemed guilty
OF felony, and upon conviction thereof shall
be punished therefor a. provided In the last
preceding section Uf this act for unlawfully
selling Intoxicating liquors.
Sec. 20 In case any peeson has been arrested
for any violation OF this act, aud given q bond.
and the bond has been forfeited. and before the
termination of Tho suit on the bond the defend
ant has been surrendered 10 the sheriff by hts
eondsmen, the defendant shall stand commit
ted until ali costs 10 that date accrued on the
criminal suit be- paid; and II lie fail To pay the
same. the bondsmen are required to pay such
costs In addition to the costs OF the suite on
the bond and reasonable attorneys fee, 10 be-
fixed by the court for the prosecution OF both
the criminal charge aud the suit on the bond
provided. that no defendant shall bc inlbrisoned
tor q longer period by virtue Of this section
than Is prescribed for the first oense in section
one Of this act.
sec. 80. Every states attorney. county audi.
tor or county Judge, who shall neglect or refuse
TO perform any duty required Of him under this
act, the punishment tor which is not hereinbe-
fore provided bv this act shall be deemed guilty
OF a msdemeanor, and. upon conviction, shall
be punished by fine OF not less than $500 nor
more than II O0O, and In addition thereto shall
forfeit his right to longer hold his office, shd
the court before whom such conviction II had
snail order and adjudge such forfeiture.
Sec 81 Wherever the words states attorney
shai be used In this act, they shall be construed
TO designate the prosecuting attorney OF the
county, whether he may be known under the
name states, county or dtstrtct attorney,
Sec. 81. All payments or compensation Tor
intoxicating liquors sold In violation OF this act,
whether such payment or compensation DO In
money, goods. land. labor or anything else
Whatsoever, shall 10 held 30 have been received
In violation OF law and against equity
and GOOD conscience, and TO have been
rsTs.SSd "%d,, upon the rsca,Ter s1 po" consider,
alton OF the receipt thereof to pay on
demand to the person furnishing such consid.
alton the amount Of said money, or the Just
value OF such goods, ard labor or other thing.
All sales, transfers, conveyances, mortgages.
liens, attachments, pledges and securities OF
every kind, which either In whole or In part
shall have been made for, or on accouat OF In
toxicating liquors, sold In violation OF this act
be entirely null and void against all persons In
all cases, and no rights Of any kinda shall be
acquired Thereby. and. no action OF any KIND
shall be maintained In any court in this state
for .Intoxicatitg liquors, or the value thereof,
sold In any other state or country contrary 10
the law Of satdsstste or country, or with intent
to enable any person TO violate any provisions
of this act, nor shall any action be maintained
for the recovery, or possession OF any intoxtca-
ing liquor, or the value thereof, except In cases
where persons owning or possessing such liquor
with lawful intent may have been illegally do
privod VI the same, Nothing, however. In this
section, shall effect In any way negotiable pa.
per, In the hands Of holders thereof. In good
faith for valuable consideration, without notice
Of any illegality Ia Its inception or transfer or
the holder Of land or other property, who NAV
have taken the same in good faith without no
from whom tho same WAS taken, growing out
Of violation OF the provisions OF this act, aud
oil evidence glyan In actious brought by or
against such holders, shall be IN no way Affect
ed by the provisions of this act.
Sec. 81 IL upon trial of Any person or per-
sons for any violations Of any OF the PROVISIONS
Of this act the jury before whom the action
shall he tried shall fail TO agree the court shall
forthwith st the same term, or NJ an adjourned
term, or at che next succeeding term. submit
the for trial again before jury. ana II nec-
essary shall issue a special venue for such pur-
pose. . -
Sec. 81 II auv officer not heretofore Apeci6-
caliy mentioned shall wilfuily fail TO perform
any duty imposed upon him by any Ut tho pro-
visions OF this act he shalt be deemed guilty OF
a misdemeanor, and upou conviction be fined
I'm auy sum not less than 300 or more than
$500 and be- imprisoned In the county jail not
less than ninety days or more than six months.
And such conviction shall be forfeiture
of the office Of such person. and the court
before whom such conviction Ia had, shall. In
addition TO the imposition Of lthe fine and I'M
prisonment aforesaid order and adtudRs tho
forfeiture OF his said Office.
Sec. SIS. The absence, in the present laws oi
South Dakota. of speedy aud adequate remedies
for the enforcement OF Article XIV OF the
constitution, creates an emergency, which Cats
for the immediate taking affect OF this act
therefore the same shali take effec. anG DO In
force from and after May 1, 1890
Sec. So ALI laws. acts and paris VI acts IN
conflict with the provisions OF this act are here
by repealed.