The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1931-06-19

this duty are Sections 1859. 1117O
and 11171. r. C. NJ. 1921. and read
as follows:
Officers Must Enforce Laws
"11169. Duty OF public officer to
make complaint. Every county
attorney, sheriff, constable chief
of police, marshal, or police Off
Ger must inform against and make
/ complaint and diligently prosecute
persons whom they know, or con-
corning whom they may be in
formed, or whom they may have
reasonable cause to believe to be
offenders against the provisions of
this act. The neglect u refusal
of any such officer to make COM
| plant against or diligently prose-
cute persons to make complaint
against or diligently prosecute
persons he has reasonable cause
to believe to be offenders against
| the provisions of this act shall be
deemed sufficient cause Tor re-
moval from Office
"11170. Duty of mayors to en-
force law. 1t shall be the duty of
every mayor of every town or city
in this state to cause this act to
be diligently enforced and to
cause the police officers of his
city or town to arrest and to make
complaint against any and all per-
| sons whom he or they know or
have reasonable cause to believe
to be offenders against any of the
provisions of this act.
Penalty For Neglect
1117t. Officers neglecting duty
subject to forfeiture Of office.
Every county attorney sheriff,
mayor, constable, chief of police,
marshall or police officer who
shall refuse or neglect to perform
any of the duties imposed upon
him by any of the provisions Of
this act, shall be guilty of a mis-
demeanor and be punishable by a
fine of not less than n hundred
nor more than three thousand dol
lars, or imprisonment for not less
than six months nor more than
one year in the county jail. A
conviction under this section shall
unless set aside, also work a for
fixture of the office of such officer
and operate as a removal from
office. But a prosecution under
this section shall not bar or inter-
fere with any proceeding or action
for removal from office which may
be brought under any other pro-
vision of law or statute, nor affect
or limit the effect or operation of
any other statute regarding re-
movals or suspensions from Of
ice"
May 1 ask that you as Mayor of
your city direct the chief of police
and all police officers to take i'm
mediate and active steps to stop
and keep stopped all gambling in
your city?
The duties of police officers and
magistrates are found in Sections
11166, 11167 and 1116S, r. c. NJ,
1921, and read as follows:
"11166. Duty of public officer to
seize gambling implements and
apparatus. 1t shall be the duty of
every officer authorized to make
arrests, to seize every machine,
apparatus, or instrument answer
ing to the description contained in
this act, or which may be used
for the carrying on or conducting
of any game or games mentioned
in this act, and to arrest the per-
son actually or apparently in pos
session or control thereof, or of
the premises in which the same
may be found, if any such person
be present at the time of the
seizure and to bring the machine,
apparatus, or instrument and the
prisoner, if there be one, before a
committing magistrate"
"11167. Duty of magistrate to
gambling implement or APP
)aratus for trial. The magistrate
before whom any machine. appar-
or instrument is brought
pursuant to the preceding section
must, if there be a prisoner and if
lie shall hold such prisoner, cause
he machine, apparatus or instru-
nent to be delivered to the county
.ttorney to be used as evidence
IN the trial of such prisoner. If
here be no prisoner, Or if the
magistrate does not hold the
prisoner, he must cause the i'm
Mediate and public destruction Of
he machine, apparatus, or instru-
lent in the presence or said mag
No person owning or
tanning to own any such ma t
hine, apparatus or instrument so
estroyed, shall have any right of !
elton against any person or
the state. county, or city 7
or the value of such article, or 7
" damages. 1t shall be the duty
the county attorney to produce Y
Ich articles in court on the trial
{ the case 1t shall be the duty
: the trial court, after the dis I
of the case. and whether Y