Yerington times. [volume] (Yerington, Nev.) 1907-1932, 1918-10-05


and in the same warrant shall require the
officer to whom it is directed to seize and
hold all liquors found therein, also vessels,
bar fixtures, screens.. glasses, bottleSr Jugs,
! and other appurterances apparently used m
the sale, keeping, or storing OF such liquors.
contrary to law.
Sec 10. IT, upon examination OF such
| person, it shall appear to such justice, court
or judge, that there is probable cause to be
| leve him guilty of the oftense charged, the
accused shall be required to enter into recog-
nzance. 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
if one be preferred against him; and upon his
failure to enter into such recognizance, the
justice, court judge shall commit him to
Jail to answer such indictment. All mater
ial witnesses shall also be recognized with or
without suretes, as such justice, court or
Judge may deem proper, to appear before the
district court and give evidence against the
accused and such justice, court or Judge
shall require the accused to give bond with
sufficient security in the sum OF tive 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 Tor 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 ne is uis.
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
prima facie evidence OF the unlawful selling,
and keeping and storing for sale OF the same
by the person, or persons, occupying such
premises, 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. or who is so named IN such govern
nent license, and his associates, shall be sub
iect to trial by due process OF law on the
charge of selling or keeping storing for
sale unawfully 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 said
premises shall at once be publicly destroyed
by some responsible person to be appointed
by the court.
Sec T. If in sucn house, building or
place as is hereinbefore mentioned the sale
offering, storing exposing for sale OF lq-
uors is carried on candestiuely, or in such
manner that the person so selling. offering
exposing, keeping or storing Tor sale, cannot
be seen or identified by the olcer or ofhcefs
charged with the execution OF a warrant IS
sued under sections ten and eleven OF this
act any such afficer may, whenever 1t Is
necessary for the arrest or identhcatlon OF
the person so offending, or the seizing OF
such liquor, break open and enter such house,
building or place.
Sec. I5. The payment OF the special tax
required Of liquor dealers by the United States
by any person or persons other than drug
gists within the state, shall be prlma 1acie
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 a certificate IRON the
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. and the names OF the person
or persons If any, associated with the person
to whom such tax receipt IS issued, snail De
sufficient evidence OF the payment oil 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 TINS
state, and certificate from the collector Of
internal revenue, his agents, clerks or depu-
ties showing the payment OF such tax, ana
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 10
| whom such tax receipt Is ISSUED, shai DC
sufficient evidence OF the payment OF such tan,
| and Of the association OF such persons Tor
the selling and keeping. offering and exposing
! for sale of liquors contrary TO the provision b
OF this act in all trials or legal inquiries.
Sec II. MI houses, buildings club rooms
and places OF every description, including
drug stores, where Intoxicating liquors ave
manufactured. stored, sold or vended, given
away or furnished contrary to law Nncludins
those in which clubs, orders or associations
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
and deemed common and public nuisances.
And any person who shall maintain, or shall
aid or abet, or knowingly be associated with
others in maintaining such common and pub
lie nuisance shall be guilty OF a misdemeanor
and upon conviction thereof shall be punished
bv a fine Of not less than one hundred nor
more than one thousand dollars, and by I'M
prisonment in the county jail not less than
thirty days nor more than twelve months tur
each offense, and judgment shall be given
that such house, building or other place, or
any room therein, be aiIated or closed mp as
a place for the sale or keeping OF such liquors
contrary TO law, as the court may determine.
Sec Is The Superintendent of the Nevada
State Police shall be eX otfcio State Com.
missioner OF Prohibition Wherever the word
Commissioner is used in this act, it shall
mean and be taken TO mean the State Commits
siouer OF Prohibition.
Sec To- 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 giving or soliciting or
receiving orders for liquors or laws connect
ed in any way with the liquor traffic, TO
diligently inform themselves OF all violations
OF such laws and either make report thereof to
the prosecuting attorney OF the proper county
who shall forthwith prosecute the same as
provided by law, said commissioner, his
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 for
the purpose of enforcing such laws the said
commissioner, his agents and deputies, shall
have all the powers now vested III the shen~t $,
their deputies. and constables and police OH
GERS in the state Provided, that nothing in
this act shall be construed to take from or
to relieve any oi 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 encouragement 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 maintained,
may maintain suit in equity in the name OF
the state to abate and perpetually enjoin the
same. and courts Of equity shall have iuris-
diction 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
lawfully used as aforesaid at the time OF the
hearing but on finding that the material al