The herald-advance. (Milbank, S.D.) 1890-1922, 1920-10-29

such premises. or that portion OF such
premises wherein such nuisance was
maintained, to be closed and forbidding
it's use for any purpose for a year from
the date of the rendition OF such iudg-
ment. and that the intoxicating iiuuors
found therein. and any furniture and fix
lures used in conducting or maintaining
such nuisance, be publicly destroyed. and
the court shall also include in such judg-
ment ap order for the plaintiffs costs
and a reasonable attorney fee, which
shall be taxed and collected as cost there
in and. when collected, shall be paid TO
the attorney or attorneys for the plain
tiff; provided, tina if such attorney is
the states attorney such fee shall be paid
into the county treasury, and If such
attorney is the attorney general, or his
assistant or deputy. such fee shall be
judgment for costs and attorney fees
shall be a lien upon such premises until
the same are paid. 1t shall be the duty
OF the sheriff. or other officer executing
such judgment and INDUCTION, to keep
such premises. where such nuisance is
adjudged to exist. closed for the period
OF one year from the date of such judg-
ment, except as otherwise provided in
this article. At the trial OF such action
evidence of the general reputation of the
place shall be competent for the purpose
of proving the existence of such nui-
sance. of knowledge thereof and of ac-
quiescence and participation therein on
the part of the owner, lessor, lessee, user
and all those in possession OF or having
charge of, as agent or otherwise, or hay
ing an interest in any form In any OF the
property used in conducting or maintain
ing such nuisance. If the complaint is
filed by a citizen or corporation, it shall
not be dismissed except on a sworn state
ment made by the complainant and his
attorney. setting forth the reasons why
the action shonId be dismissed, and the
dismissal approved by the states attorney
in writing or in open court. If the court
is of the opinion that the action ought
not TO be dismissed. he may direct the
states attorney TO continue its prosecu-
ton, at the expense of the county, and
II the trial of the action is postponed for
more than one term of court, any citizen
Of the county or the states attorney may
be substituted for the complaining party
and prosecute such action to Judgment.
IL the action is brought by a citizen or a
corporation, and the same shall be dis
missed or judgment rendered for the de-
PENDANT, and the court finds that there
was no reasonable ground or cause for
such action. the costs may be taxed
against such citizen or corporation. 9TH
erwise the costs shall be paid by the
county.
In all actions or proceedings COM
menced under the foregoing provisions
upon complaint by the state sheriff or
any OF his special agents, no dismissal
shall be had by stipulation or agree
ment without the written consent of the
state sheriff filed in the office Of the
clerk of court in which such action is
pending.
section 10000, DESTRUCTION OF
liquors except pure grain or ethyl alcohol
in retail drug stores and pure grain or
ethyl alcohol and yinous liquors in whole
son, partnership, club, association or cor
poration engaged in the manufacture or
sale Of Intoxicating liquors prior to the
first day OF July. 1917, and all signs re-
tofore destroyed or removed, shall be
destroyed; and any sheriff, policeman, or
constable who shall find any such liquors
or signs shall have authority and it shall
liquors or signs.
Section 1o301. DRINKING AND IN
TOXICATION ON TRAINS. 1t shall be
unlawful for any person to drink intox-
or interurban car. or upon any railway
passenger train. coach, dining car. or
vestibule thereof. or platform connected
Herewith. while such car. passenger
train, coach or dining car or vestibule
thereof is in the service OF passenger
transportation within this state, or for
any person who is at the time intoxicated
to board any such car, train, coach, din
ing car or vestibule thereof, and any con-
ductor or person in charge of any such
car, train or coach shall nave authority
to. and shall arrest any such person vio-
lating the provisions of this section. and
turn him over to any sheriff. constable.
police or peace officer in this state, to
be proceeded against as provided by law.
ANY person violating the provisions of
this section shall be deemed a disorder
~ person, and shall be punished by a fine
OF not less than twenty-five dollars nor
more than one hundred dollars, or by i'm
p~r1sonment in the county Jail for not more
than thirty days, or by both such fine and
Imprisonment.
Section 1o3o2. INTOXICATED PER
SON. Every person found intoxicated
otherwise than as provided in the proceed
ing section shall be punished upon convic-
ton thereof by a fine of not less than
twenty-five dollars nor more than one
hundred doilars or by Imprisonment in the
county Jail for not more than thirty lays
or by both such fine and Imprisonment.
Section 1o303. TRANSPORTING UN-
LAWFUL. 1t shall be unlawful for any
pexson 70 nave, carry or transport any in
carriage. cart. wagon, buggy, automobile,
automobile truck, air craft or other We
nicle Or conveyance or in any manner or
FROM any point In this state or from any
point outside of this state to any point in
this state. except pure grain or ethyl al
cohol lawfully purchased or obtained for
q lawful purpose by wholesale or retail
druggists, hospitals, universities, state
educational institutions, colleges and
nigh schools or by any other person for
medicinal or scientific purposes, and vim
Gus liquors lawfully purchased or obtained
Tor a lawful purpose by a wholesale drug
gist, or regularly ordained minister of the
gospel. And when any sheriff. deputy
sheriff. constable or police officer or the
nNNA = Vi lie SpCCIdi agents Sndl
have reason to suspect that intoxicating
liquors are being carried or Transported
In violation of this section he shall have
the light and it shall be his duty tc
search such vessel, boat, carriage. cart
wagon. buggy. automobile. automobile
truck. air craft or other vehicle or con
veyance and to seize any and all Mintoxi.
eating liquors found therein, and when
ever any such liquors shall be seized the
officer Selling the same shall take into
his possession such vessel, boat, carriage
cart. wagon, buggy. automobile, automo.
bile truck, air craft or other vehicle OF
conveyance and all horses or other thing
used in conveying, removing or concealins
such Intoxicating liquors, n he shall
also arrest any person in charge Of such
team, vessel. boat. carriage, cart. wagon
buggy, automobile, automobile truck. all
craft or other vehicle or conveyance anC
report such seizure and arrest to the
states attorney of the county in which
such seizure or arrest shall be made anl
the states attorney shall at once proceed
against the person arrested under thu
provisions OF this article. Any person vi.
olating. the provisions OF this article shall
be punished by a fine of not less than two
hundred fifty dollars nor more than one
thousand dollars and by Imprisonment IL
the county Jail for not less than one
month nor more than six months. and fol
the second and every subsequent offenst
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