Page:Revised Codes of the State of North Dakota 1895.pdf/1377

Prohibition. particularly describing such unknown person or persons, contrary to the provisions of this chapter, at any place, particularly describing the place to be searched and the property to be seized, as hereinafter provided, within such county, it shall be the duty of such state's attorney to file forth with his information, together with such statements, with some magistrate of the county having jurisdiction, against such place and the unknown keepers thereof, which information, when verified by such state's attorney upon information and belief, together with such statements as aforesaid, shall have the same effect as if such information had been sworn to positively; and thereupon a warrant shall issue, directed to the proper officer, commanding him to search the premises described in the information and to seize all intoxicating liquors and all vessels and bottles containing the same, and arrest the keeper or keepers thereof, and said person or persons so arrested shall be examined and tried in the manner prescribed by law for the examination and trial of persons charged with an indictable offense, and if upon trial are found guilty shall be fined for the first offense not less than two hundred nor more than one thousand dollars, and be imprisoned in the county jail not less than ninety days nor more than one year: and for the second and every successive offense be punished by imprisonment in the penitentiary not exceeding two years, and not less than one, and the court before whom such conviction may he had shall also order all the property seized by the officer as aforesaid to be publicly destroyed: provided, said court shall also find and adjudge such property was being used by the defendant at the time of such search and seizure for the purpose of unlawfully selling or bartering intoxicating liquors.

§ 7603. Fees, how paid. Officers shall receive the same fees and mileage for serving subpenas issued by the state's attorney and justices of the peace under the provisions of this chapter as provided in criminal cases, and witnesses shall receive the same fees for attendance as provided for witnesses in cases before justices of the peace. Such fees shall be certified to the board of county commissioners by the state's attorney or justice of the peace, and paid by the county as witness fees for attendance before a grand jury. All witnesses shall attend upon the state's attorney or justice of the peace in pursuance to his subpæna, without the payment of any fees in advance. For every conviction under this chapter there shall be allowed an attorney's fee of ten dollars upon each count upon which the defendant shall be convicted, and the same shall be taxed as costs in the case, to be paid into the county treasury as hereinafter provided. If any prosecution begun by the state's attorney, the attorney general or his assistants, or by a citizen with the written consent or approval of the state's attorney or attorney general, under the provisions of this chapter, shall fail, the costs of such prosecution, unless otherwise specified herein, shall be paid by the county in which such prosecution or action was begun.

§ 7604. State's attorney to prosecute. Fines a special fund. Attorney general may prosecute. It shall be the duty of the state's attorneys diligently to prosecute any and all persons violating any of the provisions of this chapter, in their respective counties, and to bring suit upon all bonds or undertakings forfeited, immediately after the happening of such forfeitures, to recover the penalty, and to pay all money so collected, as herein provided, into the treasury of said county, and take the receipt of the treasurer 1243