Page:Revised Codes of the State of North Dakota 1895.pdf/1378

§ 7605 therefor; it shall be the duty of said treasurer to credit said money temporarily, to a special fund, to be designated as the liquor prosecution fund, to be disposed of as hereinafter provided. Said state's attorney is hereby empowered to draw his warrants, in each case separately, upon such fund to pay the expenses actually and necessarily incurred by him in securing testimony for and enforcing the provisions of this chapter; provided, however, that no treasurer shall pay any of said warrants so drawn by the state's attorney as aforesaid, until he files with such treasurer an itemized statement of such expenses in each and every case, duly verified by himself to the effect that the same were actually and necessarily incurred to promote the ends above expressed, and that the same have not been paid. Said treasurer shall by proper entries upon his books, specifically designate the action in which such money is received and paid out, and any net balance remaining in each action, after the payment of the necessary expenses incurred in said action, shall be by such treasurer passed to the credit of the school fund as provided by law. If any state's attorney shall fail, neglect or refuse to perform faithfully any duty imposed upon him by this chapter, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred nor more than five hundred dollars and be imprisoned in the county jail not less than thirty nor more than ninety days; and such conviction shall operate as a forfeiture of his office, and the court before whom such conviction may be had shall order and adjudge such forfeiture of office in addition to the fine imposed as herein provided. And whenever the state's attorney shall be unable, or shall neglect or refuse to enforce the provisions of this chapter in his county, or for any reason whatever the provisions of this chapter shall not be enforced in any county, it shall be the duty of the attorney general to enforce the same in such county, and for that purpose he may appoint as many assistants as he shall see fit, and he and his assistants shall be authorized to sign, verify or file all such complaints, informations, petitions and papers as the state's attorney is authorized to sign, verify or file, and to do and to perform any act that the state's attorney might lawfully do or perform: and for such services he or his assistant shall receive a fee of ten dollars upon each count upon which the defendant shall be convicted, to be taxed and collected in the same manner, except that in all cases when there shall be a conviction, and the attorney's fees as provided for in this chapter shall not be paid by the defendant within one month after his release from jail, the county where such conviction is had shall then become liable to the attorney general or his assistant prosecuting such case for a fee of ten dollars upon each count upon which the defendant shall have been convicted.

§ 7605. Place of sales a nuisance. To be abated. Liquors destroyed. Presumptions. Process. Procedure. Penalties. All places where intoxicating liquors are sold, bartered or given a way, in violation of any of the provisions of this chapter, 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 his chapter. are hereby declared to be common nuisances: and if the existence of such nuisance is established, either in a criminal or equitable action, upon the judgment of a court or judge having jurisdiction. finding such place to be a nuisance, the sheriff, his deputy or undersheriff or any con-

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