Page:Revised Codes of the State of North Dakota 1895.pdf/1382

§§ 7611-7614 § 7611. State's attorneys advise county judge. Informer protected. Whenever application is made to the county judge for a permit to sell intoxicating liquors under the provisions of this chapter, he shall notify the state's attorney thereof. and thereupon such state's attorney shall appear and advise with said county judge, with reference to the issuing of said permit and the approval of the bond. No person who shall inform of offenses under this chapter, or make complaint thereof, shall be liable for the costs incurred in such prosecution, unless the court or jury trying the case shall find and determine that such prosecution was malicious and without probable cause'.

§ 7612. Assistance for state's attorney. Any citizen may employ an attorney to assist the state's attorney to perform his duties under this chapter, and such attorney shall be recognized by the state's attorney and the court as associate counsel in the proceedings, and no prosecution shall be dismissed over the objections of such associate counsel until the reasons of the state's attorney for such dismissal, together with the objections thereto of such associate counsel, shall have been filed in writing, argued by counsel and fully considered by the court.

§ 7813. Speedy judgment to be rendered. Exception. The court whose duty it shall be to render judgment in any action or proceeding growing out of a violation of the provisions of this chapter, shall immediately upon the conviction of the defendant render judgment; provided, that for prudential reasons and for the ordinary purposes of perfecting an appeal, judgment and sentence may be suspended for a period not exceeding thirty days, and then only upon the court or judge thereof entering in a public docket to be kept for that purpose, in his own handwriting, the cause of such suspension.

§ 9614. Form of pleading. Presumptive evidence. Government receipt. In prosecutions under this chapter by indictment or otherwise, it shall not be necessary to state the kind or quantity of liquor sold or kept for sale, and shall not be necessary to describe the place where sold or kept for sale, except in prosecutions for keeping and maintaining a common nuisance, and in proceedings for enjoining the same, or when a lien is sought to be established against the place where such liquors are illegally sold or kept for sale: and it shall not be necessary in the first instance for the state to prove that the party charged did not have a permit to sell intoxicating liquors for the excepted purposes; and in any prosecutions for the second or subsequent offense, shall not be requisite to set forth in the information or affidavit or indictment the record of the former conviction, but it shall be sufficient briefly to allege such conviction, and in all cases the person or persons to whom such intoxicating liquors shall have been sold in violation of this chapter shall be competent witnesses to prove such fact or any other fact tending thereto; and this members, shareholders or associates in any club or association shall be competent witnesses to prove any violation of the provisions of this chapter or any fact tending thereto. In actions or proceedings for the abatement of nuisances under this chapter evidence of the general reputation of the place designated in the complaint shall be admissible for the purpose of proving the existence of such nuisance, and in all cases, other than those when intoxicating liquor is lawfully sold by virtue of the provisions of this chapter, the fact that any person engaged in any kind of business has or keeps posted in or about his place of business a receipt or stamp showing payment of the 1348