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


SalesaSes; ma
* &4e244oE4ee aeltttrtl1eseet - ess6h:s
SfSETlsssSsSEn sissSssssS SSssSa.
Gles9e9Atvoe gn9seshsst6. q e1y coasteble q
sEeega ecSssys g 1asshN q any eisy vsess
HpuenA shass eueh ptaeee - !ekins poseesssoa
thsreols q he has n0e alfeAdy done 20 under ebo
psoytstons q THE Aea ard BY takin9 . s.esslc0t
tszsthsf With ~ sisns, soiesns. bets. bottles.
gle uses ard Other property used u keeping and
such nuisancss. and snoh psrsonel
iadEEasast. 70 iossSwis ss'i p public "a dss siss;; t' s.
such oAcer. a the owner OF keepsr thereof
shall. upon conviction. b adiudoea guilty OF
t6s srss oissn.s s. pasisSsd 81 5 an q not
less than eaO0 NOT moro than $1,000 and b.. Inn
~prlsonment in tbs county jsti OF not less than
s . sa Il every ,asi sue ssss oksns:: s. ssT pan IN.
tshsd by tmprisooment IN { . states psis a for
aperiod not exec edin9 two yeass and NOT less
shall securely close said buildllg. erection
or place wnere such nuisance was located -
against the use or occupation Of the same for
cios I'd ior ! period q ono year (unisss sooner
son breaking open said building. erection Or
closed, shail Be punished to- outempt. ., here.
taafter provided, In case Of violation OF injune.
tions; provided, 6owever. that when lessehoid
owner thereof shall have the right TO termtr etc
the leAse by giving three days notice thereof,
tn writing 20 the tenant, and when this 10 done
upon the order Of The court or judge. But the
release Of the property shall be upon condition
Tint the nuisances shall not be continued, and
lien upon said property occasionsd by any pros.
ecution Of the tenant. II the owner appear and
pay all costs Of thsproeeedinss and Ole ) bond
the full value Of the property to be ascsrtained
by tbs court or Judge. conditioned that he will
Immediately abate such nuisance and prevent
In within the period Of Que year thereafter, the
court. or In vacation the judge may. II salts
fled Of hts good faith. order the promises taken
delivered to . ID owner and said order Of
abatement cancelled so far as the sams may re.
late to said property. and II the proceeding be
therein paid beforl judgment and order Of
abatement. the action shall thereby re abated /:
provided. however. that the release OF the prop
not release II from any Judgment, lien or pen.
aty or liability - which It may be subject
under n other statute or Law. III attorney
citizen Of the county whore such nuisance
exists or 10 kept or 10 maintained. may main-
tain an action In the name Of the state to ebate
ton shall be granted &c the commencement Of
functions. except that the affidavit or COM
attorney, attorney:general or lis assistant
upon Information and belief and no bond shall
DO required. and II an . hdavtt shall be pre-
that intoxicating liquor, particularly describ-
ing the same. 10 kept for sale, or 10 sold, bar
tered or given away ON the premises, par.
nuisance 10 iooatsd oontr ~ to law, the
court or Judge must at the same time Of grant
Ing the insaid writ Of Injunction. q the time Of
and carefully. invoice. all the articles found
therein. used In or about the carrying OF Of the
unlawful BUSINESS for which search n in
in addtt on to the fees now allowed by law for
serving an tnjunct on II such officer upon
such search shall ind upon such premises any
shall cake the same INTO his custody and &C.
curely hold the same to abide the final judy
mont in tho action Nhe expense for such hold.
actionj; and such oficsr shall also take and
hold poseeaaton OF all personal property
found on such premises. and shall . and
same closed until such fnal Judgment. Tho
finding Of such intoxicating liquor or liquors
on such premises shall be prima facie evidence
Any person violating the terms Of any injunc.
tion granted in such proceeding shall be pun
tshed for c,ntempt, Tor the hrst offense by a
and by imprisonment In the county jail not
less than four months nor more than one year,
and Tor the second and successive offense of
state prison Tor q period MOI exceedins two
years and not less than one year in the diacre-
ttIu OF the court or Judge thereof. In case judy
any action brought under the provisions ofthis
section. the court or Judge rendering tho same
shall also render judgment for q reasonable at
tilt and against the defendants therein; which
attorneys fee shall be taxed and collected as
other c ats therein, land when collected. paid
II such atsornsy bs the states attorney or at.
torney general such attorneys fee hal be
paid into the county. treasury. In conterso ut
hiniunotiop granted under the provisions Of tfiss
act. the county. or IN vacation the Judge there
Il, shall have power TO Try. summarily and
Sy1li s%. sli Pr pss:y Sr s PsEsfi sun s ~ sSe rs name asq StsSs
state OF e0uth f,akota. TIE afidavits upon
which the attachment for centempt issues,
The accused may plead In the same m .nner 8
TO an Indictment, In so far as Tho same IL ap-
pitcsble. Evidence may he oral: or in the form
o ou a,aaaa W m or . 's ana sns ~de te ;nas, may be Re-,
either written or oral. as In the discretion OF
the court Or Judge may sssm proper the de.
upon his denial Of the facts stated in the NOV.
ing ape O.: the clerk Of the court shall upon
the application o! either party issue subpoenaa
t sSs p prsesiss Il IL s such . eosssms p p assss fss t shsl1
conform as nee-ly as may BIO TO that adopted
by the ntneteenth rule Of the supreme
court Of the United States for proceeding in
ney or anyone acting. in his stead may Issue
subpnnas aAd take evidence to obtain prelim,
mary Injunction. and to obtain evidence 70,
provided ia section . Il this act. And in case
Of the absence of the states attorney, or his
neglect or failure TO perform his duty uniei
tht (. section relative to Injunction, any reputa.
BILE citizen may on application u q justi 9 OF
the peace nave . snbpana issued to any person
amined; which examination shall be reduced
to writing and signed by the witness or wit
being presented to Q county or circuit judge, the
said Judge shall issue Q temporary injunction
AL deHositto4s taken IN this AetioA shall Le
filed with the clerk II : court.
Bee. IL. Every person WhO shall, by the sale
barter or gift Of Intoxicating liquors, cause The
intoxicatfon Ct any other pers N or persons
shall be liable for and compelled TO pay q rea'
s sopsS oS. Sola pps .nf nIo t. s19 ~. psr,on h may
person. and s5 . day IN addition thereto foi
every such Intoxicated person shall be kept in
o nseluence Of such intoxication, to be recov
diction.
E Is. Every wife. child, parent. guardian,
or emR:9yss 81 other person, who cha be In
quenceo Of intoxication. hAbitual or other iso,
or any person. such wife. child, person OF
guardian. or employer. shall have . fl.ht OF, In
his o. her avn name against any person who
shall hy Ceiling, bartering CT giving away any
intoxicating ltquArs have caused the infoxte ].
ton Of such peri0n In whale or In part for all
damages actually sustained. as well a. for OK.
emplnry dsma2es Ard 9 married woman shal!
control the same aud the emountrecovered, The
same as II Unmarried; and all damages recov.
cred by Q minor under this asst shall DO paid
guardian. or noxk I land. A fhA aonrt akall m