Page:Revised Codes of the State of North Dakota 1895.pdf/1385

Selling and Smoking Opium. § 7622. Giving liquor to Indian. Every person who shall give, barter, sell or in any manner dispose of any intoxicating liquor to any Indian, shall be guilty of a misdemeanor.

§ 7623. Being intoxicated in public place. Every person being found intoxicated in any public place is punishable upon conviction before a justice of the peace by a fine of not more than twenty-five dollars nor less than five dollars, and be committed to the county jail until such fine is paid, but such imprisonment shall not exceed one day for every one dollar of the fine.

§ 7624. Selling liquor to pauper. Every person who sells or gives to any person, knowing him to be a pauper or inmate of any poorhouse or almshouse, 'any strong or spirituous liquor or wine, without authority from the superintendent or physician of such poorhouse or almshouse, is punishable by a fine of twenty-five dollars.

§ 7625. Selling liquors on boat, Sunday. Every master or other person engaged in navigating any steamboat, who allows any liquors mentioned in the last section to be sold on his boat on Sunday, while stopping at any wharf, landing, city or town in this state, is guilty of a misdemeanor.

CHAPTER 64.

SELLING AND SMOKING OPIUM.

§ 7626. Place for smoking opium deemed a nuisance. Every room, building, cellar or other place or premises used or permitted to be used, for the smoking of opium or any of its preparations, is deemed and hereby declared to be a public nuisance.

§ 7627. Unlawfully keeping place for, and smoking opium. Every person who, either:

1. Lets or permits to be used, any building or portion of a building, knowing that it is intended to be used for committing or maintaining a public nuisance; or,

2. Owns or maintains a place where opium or any of its preparations, is smoked by other persons; or.

3. At any place sells or gives away any opium or its preparations, to be there smoked or otherwise used; or, 4. Visits or resorts to any such place for the purpose of smoking opium or its preparations,

Is guilty of a misdemeanor, and upon conviction thereof is punishable by imprisonment in the county jail not exceeding thirty days or by a fine not exceeding one hundred dollars, or by both.

§ 7628. Jurisdiction of justice of the peace. Any justice of the peace within his county shall have concurrent jurisdiction with the district court to hear, try and determine any prosecution arising under the provisions of this chapter, and upon conviction to impose the punishment prescribed. subject to defendant's right to appeal to the district court as provided by law. 1351