Page:Revised Codes of the State of North Dakota 1895.pdf/1384

§§ 7619-7621 than five hundred dollars and be imprisoned in the county jail not less than thirty nor more than sixty days.

§ 7619. Bonds forfeited. Actions and liabilities thereon. In case any person has been arrested for any violation of this chapter and given a bond and the bond has been forfeited, and before the determination of the action on the bond the defendant has been surrendered to the sheriff by his bondsmen, the defendant shall stand committed until all costs to that date accrued on the criminal action are paid; and if he fails to pay the same the bondsmen are required to pay such costs in addition to the costs of the action on the bond and a reasonable attorney's fee, to be fixed by the court for the prosecution of both the criminal charge and the action on the bond; provided, that no defendant shall be imprisoned for a longer period by virtue of this section than is prescribed for the first offense in section 7602 of this chapter.

§ 7620. Penalty for neglect of duty of attorney, judge or auditor. Every state's attorney: county auditor or county judge who shall neglect or refuse to perform any duty required of him under this chapter, the punishment for which is not hereinbefore provided by this chapter, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred nor more than one thousand dollars, and in addition thereto shall forfeit his right longer to hold his office, and the court before whom such conviction is had shall order and adjudge such forfeiture.

§ 7621. Payments for liquor void. Exception. All payments and compensation for intoxicating liquors sold in violation of this chapter, whether such payments or compensation is in money, goods, land, labor or anything else whatsoever, shall be held to have been received in violation of law and against equity and soul conscience, and to have been received upon a valid promise and agent of the receiver in consideration of the receipt thereof to pay on demand to the person furnishing such consideration the amount of said money, or the just value of such goods and labor or other thing. All sales, transfers, conveyances, mortgages, liens, attachments, pledges and securities of every kind, which either in whole or in part shall have been made for or on account of intoxicating liquors sold in violation of this chapter, shall be utterly ull and void against all persons in all cases, and no rights of any kind shall be acquired thereby, and no action of any kind shall be maintained in any court in this state for intoxicating liquors or the value thereof, sold in any other state or country. contrary to the law of said state or country, or with intent to enable any person to violate any provision of this chapter: nor shall any action be maintained for the recovery or possession of any intoxicating liquors or the value thereof. except in cases when persons owning or possessing such liquor, with lawful intent may have been illegally deprived of the same. Nothing, how ever, in this section. shall effect in any way negotiable papier in the hands of holders thereof in good faith for valuable consideration without notice of any illegality in its inception or transfor, or the holder of land, or other property. who may have taken the same in good faith without notice of any defect in the title of the person from whom the same was taken, growing out of a violation of the provisions of this chapter, and all evidence given in actions brought by or against such holders, shall be in no way affected by the provisions of this chapter. 1350