Page:Revised Codes of the State of North Dakota 1895.pdf/1376

§ 7602 If the testimony so taken shall disclose the fact that an offense has been committed against any of the provisions of this chapter, the state's attorney shall forth with file such statement, together with his information against the person having committed the offense, in some court of competent jurisdiction, and such statement or testimony, together with the information of such state's attorney when verified by him on information and belief, shall have the same effect as if such information had been verified positively. And thereupon a warrant shall issue for the arrest of the person or persons named in such information, as in other criminal actions, and in addition thereto, shall command the officer to whom it may be directed to seize and take into his custody any and all intoxicating liquors, vessels and bottles containing the same, which he may find in such person's possession, and safely keep the same, subject to the order of the court; provided, the sworn statement of the witness or witnesses, as herein before provided, and the information filed by the state's attorney shall particularly describe the property to be seized and the place where kept: and if upon the trial of such person he shall be convicted of the violation of any of the provisions of this chapter, the court shall order as a part of the judgment, in addition to the penalty herein provided, that the officer having the custody thereof shall publicly destroy all such property used and employed for such illegal purpose: provided, the court shall find and adjudge the property so seized was being used and employed by the defendant for such illegal purposes; provided, further, that when the state's attorney has been notified in writing under oath, giving the name of the person violating the law, the place where the unlawful business is carried on and the names of the witness or witnesses by whom the affiant believes that the facts can be proven, and the state's attorney shall fail, neglect or refuse to make an investigation, then the affiant may make affidavit before some justice of the peace of the township, city or county wherein the crime has been committed, giving the name of the violator of the law, the location of the place and the names of the witnesses by whom he believes the offense can be proved, and it shall be the duty of such justice of the peace, and he is hereby empowered with authority to issue his subpæna for the witnesses named or any other witnesses whose names shall be made known by the first witnesses subpænaed. Such subpoena shall be directed to any sheriff or constable of the county, or marshal or policeman of any city or town in the county, for service and return according to law. Such justice of the peace shall have power to fine for contempt and may compel the attendance of witnesses by attachment, and shall have all the powers for securing and taking the testimony of witnesses heretofore in this section given to the state's attorney. When the evidence is taken by the justice of the peace and reduced to writing, if it should show that a crime has been committed, it shall be certified to the state's attorney by the justice of the peace taking the same, and it shall be the duty of the state's attorney on the receipt of such evidence to file forth with his information in the same manner as if the evidence had been taken by himself.

§ 7602. Information to be filed. Trial. Penalty if found guilty. If the statement of any witness so taken before the state's attorney or a justice of the peace, as in the last section provided, shall disclose the fact that intoxicating liquors are being kept for unlawful sale or purpose, or are being sold by an unknown person or persons. 1312