The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-10
LEGAL

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when in his opinion further Investigation
| 20 Ieosssary inquire into all of the facts
| sttlu circumstances and reduce the same
| TO writing, and If the state fire marshaI
| OF deputy or assistant, having made such
! nv estSatlon, shall be OF the opinion that
| there is probable cause to believe any
| pefson guilty; of the crime of arson or
VI the attenpt to commit the crime of
dfSoH ne snail furnish to the proper conn
y attorney, in writing, all facts and evil
defice in his possession, together with the
| names or Witnesses, and all of the infor-
inaloh OBTAINED by him; and such prose-
cutting officer shall forthwith proceed to
| diligently inquire into such facts and cir
cumstances as provided for in section s
OF TINS act, and the fire marshal has the
right to assist said county attorney either
in person or by one of his deputies in the
prosecution Of any action arising under
this act.
ch'ef deputy or county attorney of any
county in which any property has been
damaged or destroyed by fire may, If he
nave reason to believe that such fire was
OF incendiary origin, shall forthwith dill
gently inquire into the cause of such fire
and he is hereby authorized to issue his
subpoena for such persons as he may
nave reason to believe may have knowl-
edge of the origin of such fire, to appear
before HIM at u time and place named in
such subpoena, then and there to orally
testify concerning such fire: or may file
MS statement in writing before some JUS
tfce of the peace of such county, alleging
that he has reason to believe that such
fire was of incendiary origin and such
justice OF the peace, on his written
praectpe may issue q subpoena for the
persons named in such praecipe COM
nandinS such persons to appear before
him at the time and place named in such
SubpoenaS, then and there to testify to any
facts of which they may have knowledge
in regard to the origin of such fire, such
subpoenas may be served by the sheriff
or any constable or citizen of the county,
and shall be served and returned to the
justice OF the peace in the manner and at
the time that other subpocnas issued by a
Justice OF the peace may be served. For
such purposes they or either of them is
authorized to administer oaths and affirma-
tions to such witnesses. Any dfsobedience
sworn and testify, except that the owner
of the property need not appear or testify,
or to answer any question touching the
origin of such fire shall be a INSIDE
meanor and shall, on conviction be pun
iShed by a fine of not more than three
hundred dollars or Imprisonment in the
county Jail not more than thirty days
justices of the peace when acting under
the provisions of this act shall have the
power to punish witnesses for contempt
for or on account of refusing to appear
and be sworn, and the attendance of wit
neSseS may be compelled by attachment.
Ii the evidence SO taken shall disclose the
fact that the crime of arson has been
committed it shall be the duty of the
county attorney to prosecute the person
or persons committing syIcn crime for
SucH cffeEse- But in no case shall any
person except the county attorney the
state fire marshal or his chief deputy
when the testimony is taken before them
or either of them, be present or hear the
testimony of any witness, or the justice
of the peace and county attorney when
the evidence is taken before the justice of
the peace, and in no case shall such evil
dence be disclosed to any person by such
county attorney or justice of the peace,
state fire marshal or his chief deputy,
shalt II be used in any case a de-
Tense to any action to recover on any
policy Of insurance in force at the time
of the damage or destruction of such
property. Any county attorney or justice
OF the peace state fire marshal his
chief deputy who may disclose any of the
facts testified to at such hearing or what
guilty of Il miSdemeanor and convic-
ton thereof. shall be confined in the
county jail not less than thirty days or
more than rinety days and shall be fined
in any sum not more than three hundred
dollars.
Sec. 9. The state fire marshal any of
his deputies or assistants or any officer
authorized and empowered under this act
to investigate fires shall have the right
and authority at all times of day or night
in the performance of the duties imposed
by the provision of this act to enter upon,
or examine any buildings or premises,
where any fires have occurred.
Sec. 10. The state fire marshal his
deputies and assistants. the chief of the 1
fire department of all cities. towns VII
lagos. where fire department is estab-
lished and the mayors of cities or vii
the clerk of each township in the terri
tory outside the limits of organized
city, or village. upon complaint of any
person having an interested in any build
ing or property adjacent, and without
any complaint shall have the right at
all reasonable hours, for the purpose of
examination, TO enter into and upon ali
buildings and premises within their juTis
diction. Whenever any such official shat
find in any building upon any prem
ises. combustibles endangering any build
ings premises. they shall order the
same to be removed or rernedied and sucn
order shall be forthwith complied with
by the owner or occupant of said building
or premises: providing. however. that IL
said owner or occupant shau deem him
self aggrieved by such order he may
marshal, and the cause OF complaint shall
tiolls of the latter and unless by his au-
shall remain in force and forthwith be !
complied with by said owner or occupant |
Any owner or occupant of buildings o. |
premises failing TO comply with the order |
of the authorities above specified snail be |
lars G$5.09 nor more than fifty dollar
($5o.os5l for each days neglect: such pen
altv to be sued for in the name OF tie |
fire marshal. deputy fire marshal or /
county attorney. or of any officers named /
herein in the county in which such building
or buildings shall be situated before any
justice Of the peace or in any Court Of