Page:1889 Territory of Dakota Session Laws.djvu/229

174 be subject to a fine not exceeding one hundred (100) dollars to be recovered before any Justice of the Peace or Judge of the county in which the offense is committed.

§ 5. .] That, upon conviction, the Justice of the Peace, or Judge before whom such conviction is had, shall order such person, persons, society or corporation to remove the cause or causes of such offense, whether it be stables, sheds, yards, pens, corrals, slaughter houses, privies, privy vaults, manure, offal of any kind, carcass of dead animals, grave yard or cemetery or the buried dead body of any human being or animal or other cause, and to discontinue the use of the same in such proximity to said water course, and for each day's delay in removing the same, after being so ordered, he or they shall be liable to a fine of five (5) dollars. "The fines mentioned in this act shall be recovered upon complaint of any person and be disposed of as other fines.

§ 6. .] It shall be the special duty of each constable of each township through which Tongue river or any of its tributaries flow to make an inspection of said water course throughout its entire course in their respective townships. The constables shall act jointly so far as possible in making such inspection, and the said inspection shall be made three times annually, viz: In March, July and October of each year. But the failure of one constable to act shall not excuse the other, and it shall be the duty of either, or both jointly, to enter complaint before one of the Justices of the Peace of his or their township of each infringement of any of the provisions of this act. Whereupon such justice of the peace shall issue a warrant for the arrest of the person or persons во offending and shall place the same in the hands of one of the constables who shall forthwith arrest such offenders. And the Justice of the Peace, or any Judge before whom such complaint is made, shall immediately notify the County Attorney, and it shall be the special duty of the County Attorney of such county to attend before such Judge or Justice of the Peace, and to prosecute all such offenses in the name of the Territory of Dakota, as in other criminal matters, and every Constable, Judge, Justice of the Peace and County Attorney who shall fail or neglect to perform hia duty as herein provided shall forfeit his office.

§ 7. .] Provided, further, that if the person, persons, society or corporation so convicted and ordered as provided in the preceding sections, shall fail or neglect for ten (10) days to discontinue and remove such offense, or cause of offense, it shall be the duty of such Judge or Justice of the Peace to order the Constables of such township to remove the same, and such Constables shall render to such Judge or Justice of the Peace a sworn itemized statement of all expenses incurred for such removal, and such Judge or Justice of the Peace shall transmit the same to the board of township supervisors, who shall audit the same as a special tax against the personal and real property of the party so offending,