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

for the second and every subsequent
Offense 81 committed within the same
or IN other county he shall be deemed
guilty of a felony n upon conviction
thereof be punished by Imprisonment
In the state penitentiary for a term of
not less thar six months nor more than
n year. hi officer so Selling and
taking possession of the vehicle or con-
veyance hereinbefore described shall
safely keep the same until the guilt or
1nnocense of the defendant shall
be determined upon his trial for
the violation Of law of this state
making it unlawful to keep in his, their
or its possession, or to transport any
Intoxicating liquors, and upon a con-
viction Of a violation of any such law
the property so seized shall be forfeited
to the state, n it shall be the duty Of
the officer having in his possession to
deliver to the sheriff Of the county
wherein such defendant was arrested,
who shall sell the same in the manner
provided by law for the sale of per-
sonal property seized under execution,
such vessel, boat. cart, carriage, wagon.
buggy, automobile, automobile truck,
air craft or other vehicle or
such horses or other things used
in conveying, concealing or removing
such Intoxicating liquors, to advertise
n sell the same in the manner pro-
vided for the sale Of personal property
under execution; provided, that the
foregoing provisions for the sale Of
said property shall; not apply in case
the person in possession Of said prop
erty at the time of seizure was not at
thai time lawfully in possession there
0f nrYnyy $500
In charge of the team, vehicle, automo-
bile or other conveyance, a notice Of
the taking of the same shall be adver-
tlsed in some newspaper published in
the city or county, or, if there shall be
no newspaper published in the city or
county, in any newspaper in the state
having a circulation in the county, once
a week for two successive weeks, and
If no claimant shall appear within ten
days after the last publication of the
advertisement. the property shall be
sold as herein provided. The proceeds
derived from the sale Of such property
shall be first applied to the expenses
OF Keeping and sale of the property
seized, and the remainder shall be paid
by the officer making such sale to the
county treasurer Of the county wherein
the sale was had, to be used and dis
bursed in the manner provided by Sec
ton 10321 of the South Dakota Revised
Code Of 1919. In any case the intoxi-
eating liquors seized, together with
the containers, shall be publicly de-
stroyed Immediately upon the convic-
ton of the defendant.
Section 10305. Person Charged With
Intoxication to Answer Questions.
Whenever any person shall be arrested
for intoxication, it shall be the duty of
the justice of the peace or the NUM-
cipal or county judge before whom he
shall be brought for trial to cause him
to be questioned fully under oath as to
where, when and how he secured the
intoxicating liquor causing his intoxi-
cation. The testimony so taken shall
be reduced to writing and signed by the
witness and one copy thereof shall
forthwith be delivered to the states
attorney of the county wherein the
same is taken and one copy shall forth
with be forwarded to the state sheriff.
If any person shall fail or refuse to
answer fully and truthfully any ques-
ton that may be put to him on such
examination, as to where, when and
how he secured the Intoxicating liquor
causing his intoXication, he shall be
deemed guilty Of a misdemeanor. and
upon conviction thereof shall be pun
tshed by a fine Of not less thar fifty
dollars nor more than one hundred
dollars or by imprisonment in the coun-
ty Jail for not less than ten days nor
more than thirty days, or by both such
fine and imprisonment.
Section 10311. General Penalties.
Any person, who by himself or by his
clerk. servant, agent or employee, shall
violate any OF the provisions of this
article, for which violation a specific
penalty is lot provided, shall for the
first offense be deemed guilty of a mis-
demeanor and upon conviction thereof
shall be punished by a fine of not less
than two hundred fifty dollars nor more
than one thousand dollars or by i'm
prisonment in the county Jail for not
less than thirty days nor more than
six months, and for the second and
every subsequent offense so commit
ted whether in the same or any other
county in the state, he shall be deemed
guilty Of a felony and shall upon con-
viction thereof be punished by i'm
prisonment in the state penitentiary
for a term of not less thar six months
nor more than two years, ana in addi-
ton thereto the court may impose a fine
not to exceed the sum Of one thousand
dollars.
Section 10328. Medicines-Toilet Ar
ticles-Extracts. Nothing in his act
shall be construed or shall operate to
prohibit or regulate the manufacture,
importation, sale or keeping for sale for
other than beverage purposes by any
person., partnership or corporation, of
any bona fide medicines, toilet articles,
extracts, t%inctures, preparations or
similar compounds containing alcohol;
provided, that such medicines, toilet
articles, extracts, tinctures, prepara-
tons or similar compounds are not
capable of being used as a beverage.
Approved February 81, 1919.
The following Measure has beer
passed by he Legislature and signed by
the Governor, but does not GO into eff
feet because of the provisions therein