The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1918-10-05

such liquors so manufactured, sold, offered, kept
or stored for sale or barter in any house building
VI osnet piaoe named therein, contrary to the pro-
VISIONS IN this act, shall issue warrant requiring
the person suspected TO be brought before him for
examination. or the said house, building or other
psce 10 oe searched and the parties found therein
10 oe arrested and brought before him as sfore-
SAID; ana requiring the officer to whom it is di-
iected TO summon such as all be there
.h named, or whose nam q are endorsed thereon
W appear ana give evidence on the examination,
and In the same warrant shall require the officer
TO whom 1T is directed to seize and hold all LIQUORS
found therein, also vessels, bar fixtures, screens,
glasses, bottles, jugs and other sppurtenances ap.
parently used in the sale, Keeping or storing of
such liquors contrary to law.
SEC. 10. II, upon examination of such person,
~ snail appear to such justice court Judge,
that there is probable cause to believe him guilty
OF the offense charged, the accused Hhall be re.
qured to enter Into recognzance, with sufficient
securities, in the sum of not less than five hun
dred dollars to appear before district court Of
the county having Jurisdiction to answer an in.
dlctment II one be preferred against him; and up
on his failure to enter into such recognizance the
justice, court or judge shall commit him to Jail to
snswer such indictment. All material witnesses
shall also be recognized with or without sureties as
such justice. court or judge may deem proper, to
appear before the district court and give evidence
against the accused, and such justice, coutt or
Judge shall require the accused to give bond with
sufficient security in the sum OF five hundred dol
lars conditioned that he will not violate any Of
the provisions of this act during the time inter.
ventng between the date of such bond and the date
QlSfrlCB
the county; and upon his failure to give such
bond. the justice court or judge Shall commit him
to jail until such bond is given until he is dis
charged therefrom by the district court Of the
county
Sec. IL. Whenever liquors shall be seized in
any room, building or place which has been
searched under the provisions of this act the find.
ing OF such liquor 8 in such room of q govern.
ment license therein shall be prima facie evidence
OF the unlawful selling, and keeping and storing
for sale OF the same by the person, persons,
urroh ov,,iu
any government license posted in such room, or
his associates, agents or employees hereunder,
ald the proprietor or other persons In charge Of
the premises where such liquor was found, or who
is 80 named in such government license, and his
associates shall be ubect to trial by due process
of law on the charge OF selling keeping or stor-
il for sale unlawfuly such liquor, under the in
dictment and form prescribed in section three Of
this act. and upon his conviction of selling. offer
ing, storing, or exposing for sale such liquor
lawfully, the liquor found upon said premises
shall at once he publicly destroyed by some
sponsi BILE person to be appOintei by the court.
SRC. IL Ii in such house, building or place,
's herei before mentioned, the SALE ing stor
ing or expo-ing for sale of liquors is carried on
clandestlnely, VI In such manner that the person
80 selling, offering, posing, keeping storing
for sale cannot be seen Or identified by the officer
officers charged with the execution of warrant
issued under sections ten and eleven of this act,
any such officer may, whenever II Is necessary for
the arrest or Identification of the person Offend
ing, the eizing of such liquor, break open and
enter such house, building or place.
Sec. IL. The payment of the special tax required
OF liquor dealers by the United States by any per-
son. or persons other than drug gists, within the
state, shall be prima facie evidence that such per-
son, or persons. are engaged in Keeping ana sell
Ing, Offering and expoflng for sale, liquors con-
trary to the laws OF this state, and . certificate
from tie collector of internal revenue, his agents,
clerks or deputies, showing the payment Of such
tax, and The name or names of persons to whom
issued, the names of the person OF persons, If
any, associated with the person.to whom such tax
receipt Is issued shall be sufficient evidei ce OF
the payment of such tax and Of the association of
such persons for the selling ana keeping, Offering
and exposing for SALE liquors contrary to the laws
of this state, and certificate from the collector of
inter nal revenue, his agents. clerks or deputies,
showing the payment of such tax, and the name or
names of persons to whom issued, and the names
OF the person or persons, ii any, associated with
the person to whom such tax receipt ts issued.
shall be sufficient evidence of TIL payment of such
tax and of the association of such peraons for the
selling and keeping, Offering and exposing for sale
of liquors rary to the provisions Of this act in
all trials or legal inquiries.
SEC. IA. All houses, buildings, club rooms aud
places Of every description, includi drug stores
where intoxi eating liquors are manufactured,
stored sold or vended, given away, or furnished
contrary to law includlng those In which clubs,
orders or associations sell, barter give away dis
tribute dispense intoxicating liquors to their
mem bers, by any II eaus or device whatever, as
provided section six of this act shall be held,
taken and deemed common ana public nnisances.
Aud any person who shall maintain or shall aid
or abet. or know ingly be associat with others
shall be guilty OF misdemeanor and upon convlc-
ton thereof shall be punished by fine OF n t less
than one hundred nor more than one thousand dol
lars, and by imprisonment III the county JAN not
less than thirty days nor more than twelve months
for each ,tfeIse and judgment Shall be given that
such house building other place, or any room
therein, be abated closed up as place for the
sale keeping OF such liquors contrary TO law as
the couI t may determine.
SEC Is. The Superintendent of the Nevada
State Police shall be ex oficio State Commissioner
"cOmnl1S-
soner" is used in this act. 1t shall mean and be
taken to mean the Stste Commissioner OF Proh1bi-
tion.
SEC. l6, 1t shall bs the duty Of the commission.
er his deputies and agents. to superintend the en-
furcement OF all provisions of this act and OF laws
of this state affecting the manufacture sale, keep
iug exposing offering for sale. or giving or So
liciIing or receiving orders for liquors, or laws
connected in any way with the liquor trafhc, 10
diligently inform themselves OF all violations OF
such laws and either make report thereof to the
pros cutting attorney of the proper county who
shall forthwith prosecute the same as provided by
law, or said comm ssioDer, hi, agents or deputies
shall make complaint of any violations OF any such
laws before the proper court or committing justice,
and conduct the prosec tion thereof In any court
in the state having jurisdic iction of such matters;
and for The purpose Of enforcing such laws, the
sain commissioners his agents and deputies. shall
have all the powers vested in the sherifs,
their deputies and ,onstables and police officers
in the state Provided, that nothing in this act
shau be construed to take from to relieve any Of
the said officer from any duty imposed upon MIN
by any statute OF the state
SEC H. The commissioner, his agents and dep
uties and the attorney general, prosecuting stor-
new or any citizen of the county where such
nuis.noe as is defined in section fourteen OF TINS
act exists OF is kept maintained, may maintain
suit IL equity in the name OF the state TO abate
and perpetualiy enjoin the same, and courts OF
enniiy shall have jurisdiction thereof The In
irnction shall be granted at the commencement OF
the action and no bond shall be required.
II anal not be necessary for the court to hnd
thst the premises involved were being unlawfuiIy
msed as aforesaid the time of the hearing but on
fndtnc that the material allegations OF the bi are
ne the court shall order that no liquors shall De
sold bsrtered, given away, distri uted dispenser
or stored in such house. building CLUB room or
o,her place. nor in any part thereof. for period
of not to exceed one year IN the discretion OF the
conrt from and after such finding, in case OF drug
store In other cases the order for Abatement shall
be perpetual. ,r;,ro.,on
oranfed in proceedings hereunder shall De pun
ishad for contempt summarily by the court With
ont the imr aneliDg OF any ju'y to try the same
hv A ine of not less than one hundred nor more
than Ave hnndre dollars, and by Imprisonment
In the county Jail not less than thirty days nor
more M than six months in the discretion OF the
cont or Judge thereof in vacation. In case de-
il rendered in favor of the plaintiff In any &C.
tion brought under the provisions OF this sectioh'
H. ,ou,t teriDp the sam shall also enter decree