The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1920-10-21

state sheriff. Any express, railroad OF
other transportation company, or en-
ploye or agent thereof. who falls, neg
lects or refuses to comply with the
provisions OF this section, or who
makes or causes to be made any false
entry in such book, shall be deemed
guilty Of a misdemeanor n upon con-
viction thereof shall be punished by a
fine of not less than two hundred hfty
dollars nor more than n thousand
dollars or by imprisonment in the coun-
ty Jail for not less than thirty days
nor more than six months, or by both
such fine and Imprisonment; n Ior
the SECOND and each subsequent OF
Tense shall be deemed guilty OF a TEL
ony and shall be punished by lmprls-
onment in the state penitentiary for not
lees than six months nor more than
two years.
Section 1922. Costs. In addition to
the penalties provided in this article
for the violation of any of it's provls-
ions, the costs of every prosecution
shall be added to and included IN every
sentence or judgment upon any conVlc-
ton under this article, n shall be
paid by the person convicted; proVld-
ed, that in case the state sheriff or his
special agents hall render any service
in connection with any such prosecu-
ton or in making any investigation or
securing evidence thereof. the costs to
be taxed shall include the expenses OF
such sheriff or his special agents and
the per diem of such special agents.;
and all such costs n expenses as soon
IS Collected snail be mailed or deliv-
cred to the office of the state sheriff at
Pierre, South Dakota. The state sher-
iff shall at the end of each month pay
into the state treasury all fees and
money collected by him under the pro-
visions Of this article, and the salary
and actual and necessary expenses Of
the state sheriff and his special agents
shall be paid monthly by the state on
fully itemized vouchers certified to the
state, except as otherwise specially
provided.
Section 1926, Civil Action to Abate
Nuisance. Any public nuisance as
defined in the second preceding section
may be abated and enjoined by a civil
action in any court having jurisdiction
thereof. Any action to abate or en-
join any such nuisance may be COM
menced and conducted as in other &C
tons for injunctions. except hat the
complaint or affidavit used may be
made on information and belief, and
no bono shall be required to secure the
issuance of any such injunction. The
attorney general, his assistants or dep
uties, the states attorney, his assis-
tants or deputies, the state sheriff or
his special agents, OF any citizen of
the state, or any society, association or
body incorporated under the laws of
this state, may and main
tain such action in any court having
jurisdiction Of the same, in the name
of the state on the relation of the per-
son so instituting the same, to abate
and perpetually enjoin such nuisance.
Such action may be maintained and
an Injunction secured against the
premises in which such nuisance exists,
and against any person, partnership,
club, association or corporation, either
severally or Jointly, who either as
owner, tenant, agent, keeper or man
ager of any place or premises where
such nuisance is created, kept or main
tanned, makes, creates, keeps, main
tains or aids in or contributes to MAX
ing, creating, keeping or maintaining
such nuisance or permits, allows or
suffers such nuisance to exist or con
tinue in any place OF on any premises
owned, manager, controlled or occu-
pied by him or them. A temporary or
preliminary injunction shall be granted
ex parte upo the commencement OF
any such action, against the person
partnership, club, association or cor
poration charged with maintaining
such nuisance and against the owner
or his agent, tenant, lessee or other
person in charge of such building, tent
erection, grounds, or place where such
nuisance is alleged to exist which tenn
porary injunction shall remain III force
Until the final disposition of such ac-
ton. And If at the commencement Of
such action an affidavit, which may
be on information and belief, is pre-
sented to the court or judge, showing
that Intoxicating liquors Of any kind
are kept for sale or are sold, bartered
traded or given away contrary to law
on the premises, particularly describing
such premises, where such nuisance is
located, the court or Judge must. al
the time Of granting such temporary
injunction, issue his warrant or orde,
commanding the officer serving such
temporary injunction at the time OF
such service to search carefully AND
diligently such premises, and to seize
all Intoxicating liquors, fixtures, and
other articles found therein and USED
in or about such unlawful traffic ir
Intoxicating liquors. Immediately afte,
such search and seizure, such office,
shall make his return thereof and file
with the clerk of the court issurine
such warrant or order, such order O,
warrant OF search, together with ar
invoice Of all the liquors and other arti-
cles found and seized by him in such
search. Such officer shall securely
hold and keep all Of such liquors and
articles so found and seized until thu
final disposition Of such action. The
finding OF any such liquors on or in
such premises shall be prima facie
evidence Of the existence of the nuis-
ance complained Of, and the provisions
of this section shall be cumulative and
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