Yerington times. [volume] (Yerington, Nev.) 1907-1932, 1918-10-12

pear and give evidence on the examination
| and in the same warrant shall require the
officer to whom II is directed to seize and
| hold all liquors found therein, also vessels
| bar fixtures, screens, glasses. bottles, jugs
/ and other appurtenances apparently used in
the sale, keeping, or storing of such liquors
| contrary to law.
Sec. 10. II, upon examination of such
person, it shall appear to such justice, court
| or Judge. that there is probable cause to be-
| lieve him guilty of the ofense charged, the
accused shall be required to enter into recog-
nizance, with sufficient securities, IN the sum
| OF not less than five hundred dollars, to APP
pear before the district court of the county
having jurisdiction, to answer an indictment
II one be preferred against him; and upon his
failure to enter into such recognizance, the
Justice, court judge shall commit him to
jail to such indictment. All mater
ial witnesses shall also be recognized with or
without sureties, such justice, court or
Judge may deem proper, to appear before the
district court and give evidence against the
accused, and such justice court Judge
shall require the accused to give bond with
sufficient security in the sum OF FIVE hundred
dollars conditioned that he will not violate
any of the provisions OF this act during the
time intervening between the date OF such
bond and the date set for his appearance be
fore said district court of the county; and
upon his failure to give such bond. the just
ice. court or judge shall commit him to jail
until such bond is given or until he is dis
charged therefrom by the district court OF
the county.
Sec. H. Whenever liquors shall be seized
in any room, building or place which has
been searched under the provisions of this
act, the finding OF such liquors in such room
or of a government license therein shall be
prma face evidence of the unlawful selling,
and keeping and storing for sale OF the same
by the person, or persons, occupying such
premises, or by any person named in any
government license posted in such room, or
his associates, agents or employees thereun-
der, and the proprietor or other persons in
charge OF the premises where such liquor was
found, who is named IN such govern
ment license, and his associates, shall be sub
Ject to trial by due process of law on the
charge of selling or keeping or storing Tor
sale unlawfully such liquor, under the indict-
ment and form prescribed in section three
OF this act and upon his conviction OF selling,
offering. storing, exposing Tor sale such
liquor unlawfully. the liquor found upon sad
premises shall at once be publicly destroyed
by some responsible person TO be appointed
by the court
Sec L. II in sucn house, building or
place, as is hereinbefore mentioned the sale,
offering, storing exposing for sale OF lq-
uors is carried on clandestlney, or IN such
manner that the person so selling, Offering,
exposing, keeping or storing for sale, cannot
be seen or identified by the officer or officers
charged with the execution OF a warrant IS
sued under sections ten and eleven OF this
act, any such afhcer may, whenever 1t IS
necessary for the arrest or identification OF
the person so offending. or the sclzng Of
such liquor break open and enter such house,
building place.
Sec IT, The payment of the special tax
required Of liquor dealers by the United States
bv any person or persons other than drug
gists within the state, shall be prlma facie
evidence that such person, or persons, are
engaged in keeping and selling, offering and
exposing for sale, liquors contrary to the
laws OF this state, and d certlhcate IRON the
Il h
clerks or deputies, showing the payment OF
such tax, and the name or pames OF persons
to whom issued, and the names OF the person
or persons, II any, associated with the person
to whom such tax receipt is issued, shall be
sufficient evidence OF the payment OF such
tax, and Of the association OF such persons tor
the selling and keeping, offering and exposing
for sale. liquors contrary to the laws OF ms
state. and a certificate from the collector OF
internal revenue, his AGENTS, clerks or depu-
ties. showing the payment OF such tax. and
the name or names OF persons to whom Is
sued and the names of the person or per
sons if any, associated with the person 70
whom such tax receipt is issued. shall be
sufficient evidence OF the payment OF such tax
and Of the association Of such persons LOT
the selling and keeping, offering and exposing
for sale OF liquors contrary to the provisions
OF this act in all trials or legal inquiries.
see ~ M houses, buildings, club rooms
ard places OF every description. including
drug stores, where intoxicating liquors are
manufactured stored, sold or veuded, gwen
away or furnished contrary to law Including
those in which clubs. orders or association
sell. barter give away, distribute or dispense
Intoxicating liquors to their members, by any
means or device whatever. as provided IN
section six OF this act) shall be held, taken
aud deemed common and public nulsahces,
And any uerson who shall maintain, or shall
aid or abet or knowingly be associated with
others in maintaining such common ana pup
lie nuisance. shall be guilty OF msdemeanor
and upon conviction thereof shall be punlshed
bv a fine OF not less than one hundred nor
more than one thousand dollars aud by I'M
prisonment in the county jail not less than
thirty DAYS nor more than twelve months Tor
each offcnse. and Judgment shall be gwen
that such house, building or other place, or
any room therein. he abated or closed up as
a place for the sale or keeping oil such liquors
contrary to law, the court may determine.
See IS. The Superintendent OF the Nevada
State Police shall be eN othclo State Nom,
missioner OF Prohibition. Wherever the word
commissioner" is used in this act, it shall
mean and be taken to mean the state lonnis-
sioner OF Prohibition.
Sec 10. 1t shall be the duty OF the com
missioner, his deputies and agents, to super,
intend the enforcement of all provisions OF
this act and OF laws of this state affecting
the manufacture, sale, keeping, exposing or
offering for sale, or giving or soliciting or
receiving orders for liquors, or laws connect
ed in any way with the liquor trattlc, 10
OF such laws and either make report thereof 10
the prosecuting attorney of the proper county
who shall forthwith prosecute the same as
provided by law, said commissioner ms
agents or deputies, shall make complaint OF
any violations of such laws before the proper
court or committing justice and conduct the
prosecution thereof in any court IN the state
having jurisdiction OF such matters; and tor
the purpose of enforcing such laws, the said
commissioner his agents and deputies, shali
have all the powers now vested IN the shen~ $
their deputies, and constables and police Off
GERS in the state. Provided that nothing IN
this act shall be construed TO take from or
to relieve any OF the said officer from any
duty imposed upon him by any statute Of
the state.
Sec. II. The commissioner, his agents and
deputies and the attorney general, prosecuting
| attorney. or any citizen OF the county where
such a nuisance as is defined in section four
ten of this act exists, or is kept or maintained,
NAV maintain a suit in equity in the name OF
the state TO abate and perpetually enjoin the
same and courts OF equity shall have jurs-
| dictiou thereof The injunction shall be
granted at the commencement OF the action
| and no bond shall be required.
| 1t shall not be necessary for the court to
| find that the premises involved were being un
! lawfully used as aforesaid at the time OF the
| herring hut on finding that the material al