Page:North Dakota Reports (vol. 1).pdf/458

 bartered, or given away, in violation of any of the provisions of this act, or where persons are permitted to resort for the purpose of drinking intoxicating liquors as a beverage, or where intoxicating liquors are kept for sale, barter, or delivery in violation of this act, are hereby declared to be common nuisances." It is quite plain from the language of the statute above quoted that Fraser’s knowledge and consent as to the drinking on his premises was not an essential element. The place where the liquor was sold in violation of the statute was under the terms of the statute a common nuisance, whether such drinking was or was not permitted by Fraser. The state of South Dakota substantially copied the thirteenth section of the prohibition law of North Dakota, and the supreme court of that state has recently construed the same language, and reached the same conclusion. State v. Chapman, 47 N. W. Rep. 411. In the opinion, p. 415, the following language is used: "It is the illegal sale, or the illegal keeping of intoxicating liquors in a place, that makes it a common nuisance, and when either one or both are proven the offense is made out. The statute also provides that a place where persons are permitted to resort for the purpose of drinking intoxicating liquors as a beverage is also a common nuisance." It follows from the views above expressed that the judgment of the court below dismissing the action must be reversed and a new trial granted. It will be so ordered. All concur.


 * See Wilkerson v. Rahrer, 11 S. Ct. 865; Tredway v. Riley, 49 N. W. 268; Commonwealth v. Calhane, 27 N. BE. 881; Tinker v. State, 8 So. 814.

1. Corporation; Right of Pledgee to Vote Stock.

The pledgee of stock in whose name it stands on the corporate records has a right to vote the stock at a meeting to elect directors.

2. Same; Pledgor Can Compel Pledgee to Give Proxy.

The pledgor has no right to vote such stock, but a court of equity will, in a proper case, compel the pledgee to give the pledgor a proxy.