Page:Revised Codes of the State of North Dakota 1895.pdf/1375

Prohibition. applicant shall fall below the number required by law by removal from the state, county, city or town, or by death, or at the end of any year, by withdrawal of their names from the petition, then the life of said permit shall expire, unless a new petition containing a sufficient number of qualified freeholders and reputable women to bring the entire number up to the requirements of an original petition as provided in section 7594 of this chapter, shall be within three days from the time of such withdrawals, filed anew in the office of the county judge: provided, further, however, that within fifteen days prior to the expiration of each year during the life of the permit, the applicant must obtain from the county judge and post with said permit a certificate stating that the application upon which said permit was issued continues to possess the requisite attributes of an original application.

§ 7600. Duty of all peace officers to apprehend and notify. It shall be the duty of every sheriff, deputy sheriff, constable, mayor, marshal, police judge and police officer of any city or town having notice or knowledge of any violations of the provisions of this chapter, to notify the state's attorney of the fact of such violation and to furnish him the names of any witnesses within his knowledge by whom such violation can be proven. If any such officer shall fail to comply with the provisions of this section, he shall upon conviction be fined in any sum not less than one hundred nor more than five hundred dollars; and such conviction shall be a forfeiture of the office held by such person; and the court before whom such conviction is had shall, in addition to the imposition of the fine aforesaid, order and adjudge the forfeiture of his said office. For a failure or neglect of official duty in the enforcement of this chapter, any of the city or county officers herein referred to may be removed by civil action.

§ 7601. Duty of state's attorney. Seizure and arrests. Authority of justices of the peace. If the state's attorney of any county shall be notified by any officer or other person or be cognizant himself of any violation of any of the provisions of this chapter, it shall be his duty forth with diligently to inquire into the facts of such violation and for such purpose he is hereby authorized and required to issue his subpana for such person or persons as he may have reason to believe have any information or knowledge of such violation, to appear before him at a time and place designated in such subpæna, then and there to testify concerning any violation of this chapter; said subpena shall be directed to the sheriff or any constable of the county, and shall be served and returned to such state's attorney in the same manner as subpenas are served and returned in criminal cases. Each witness shall be sworn by the state's attorney to testify the truth, the whole truth and nothing but the truth, and true answer make to all questions which may be propounded to him by such state's attorney touching any violation of the provisions of this chapter: The testimony of every such witness shall be reduced to writing and signed by such witness, as in the taking of depositions in civil cases. For all purposes in this section the state's attorney is hereby authorized and empowered to administer oaths or affirmation to all witnesses, and shall have power to punish any witness for contempt for or on account of any disobedience of a subpæna, a refusal to be sworn or answer as a witness, or to sign his testimony, and may compel the attendance of witnesses by attachment in the same manner and with like effect as provided in the code of civil procedure.

1341