Page:Revised Codes of the State of North Dakota 1895.pdf/1381

Prohibition. compelled to pay a reasonable compensation to any person who may take charge of and provide for such intoxicated person, and five collars a day in addition thereto for every day such intoxicated person shall be kept in consequence of such intoxication, to be recovered by civil action in any court having jurisdiction.

§ 7607. Right of action. Injured party. Every wife, child, parent. guardian or employer or other person who shall be injured in person or property or means of support, by any intoxicated person, or in consequence of intoxication, habitual or otherwise, of any person, such wife, child, parent or guardian or employer shall have a right of action, in his or her own name, against any person who shall by selling, bartering or giving away intoxicating liquors, have caused the intoxication of such person, for all damages actually sustained as well as for exemplary damages; and a married woman shall have the right to bring suits. prosecute and control the same and the amount recovered, the same as if unmarried; and all damages recovered by a minor under this act shall be paid either to such minor, or his or her parent, guardian or next friend, as the court shall direct; and all suits for damages under this chapter shall be by civil action in any of the courts of this state having jurisdiction thereof.

§ 7608. Clubhouse prohibited. Penalty. Every person who shall, directly or indirectly, keep or maintain, by himself or by associating or combining with others, or who shall in any manner aid, assist or abet. in keeping or maintaining any clubroom or other place in which any intoxicating liquor is received or kept for the purpose of use, gift, barter or sale as a beverage, or for distribution or division among the members of any club or association by any means whatever: and every person who shall use, barter, sell or give away or assist or abet another in bartering, selling or giving away, any intoxicating liquors so received or kept, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall for the first offense be punished by a fine of not less than three hundred nor more than one thousand dollars, and by imprisonment in the county jail not less than ninety days nor more than one year, and for every successive offense be punished by imprisonment in the penitentiary not to exceed two years and not less than one.

§ 7609. Evasions deemed unlawful. The giving away of intoxicating liquor or any shifts or device to evade the provisions of this chapter, shall be deemed an unlawful selling within the provisions of this chapter.

§ 7610. Fines and costs constitute liens. Proviso. fines and costs assessed against any person or persons for any violation of this chapter, shall be a lien upon the real estate of such person or persons until paid; and in case any person or persons shall let or lease any building or premises or shall permit the same to be used and occupied for the sale of intoxicating liquor, contrary to the provisions of this chapter, the premises so leased and occupied shall be subject to a lien for and may be sold to pay all fines and costs assessed against any such occupant for any violation of this chapter; and such lien may be enforced by civil action in any court having jurisdiction; provided, that the person against whom such fines and costs are assessed shall be committed to the county jail until such fines and costs are paid: provided, that no imprisonment for nonpayment of fines and costs shall exceed the period of six months. 1347