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Injunction Against Buildings
ing upon and selling property on execution, and for closing the premises and keeping them closed a reasonable sum shall be allowed by the court.
Sec. 33. Same disposition of proceeds of sale. The proceeds of the sale of the personal property, as provided in the preceding section, shall be applied in payment of the costs of the action and abatement, and the balance, if any, shall be paid to the defendant.
Same-release of order of abatement.—If the owner appears and pays all costs of the proceedings and files a bond with sureties to be approved by the Clerk of the District Court in an amount to be ascertained by the court, or, in vacation, by the Judge or Clerk of the Court, conditioned that he will immediately abate said nuisance and prevent the same from being established or kept therein within a period of one year thereafter, the court, or in vacation, the judge, may if satisfied of his good faith, order the premises closed under order of abatement to be delivered to said owner, and said order of abatement cancelled so far as the same may relate to said property; and if the proceeding be an action in equity and said bond be given and costs therein paid. before judgment and order of abatement; the action shall be thereby abated as to such building only. The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty or liability to which it may be subject by law.
Sec. 35. Same-tax-attorneys fee-costs. Whenever permanent injunction issues against any person for maintaining a nuisance as herein defined, or against any owner or agent of the building kept or used for the purpose prohibited by this act, there shall be assessed against the building and the ground upon which the same is located and against the person or persons maintaining said nuisance, and the owner or agent of said premises, a tax of three hundred dollars. The assessment of said tax shall be made by the assessor of the city, village or township in which the nuisance exists, and shall be made within three months from the date of the granting of the permanent injunction. In case the assessor fails or neglects to make said assessment, the same shall be made by the sheriff of the county, and a return of said assessment shall be made to the County Treasurer. Said tax may be enforced and collected in the manner prescribed for the collection of taxes under the general revenue laws and shall be a
perpetual lien upon all property, both personal and real, used for the purpose of maintaining said nuisance; and the payment of said tax shall not relieve the person or building from any other penalties provided by law and when collected shall be applied and distributed in the manner prescribed by law for the application and distribution of moneys arising from the collection of fines and penalties in criminal cases, excepting that 20 per cent of the amount so collected shall be paid by the treasurer to the attorney representing the state in the injunction action at the time of final judgment.
Sec. 36. Same-liability of owner of building.-Anyone who knowingly permits any building, tenement or real estate owned, controlled, or leased by him, or any part thereof, to be used in maintaining a common nuisance, as defined in this act, and omits to take all reasonable measures to dispossess or eject the person so using the same, shall be deemed guilty of aiding and abetting. in maintaining such nuisance, and shall be jointly and severally liable with the principal offender civilly and criminally.
Sec. 37. Same-remedies-cumulative. The obtaining of an injunction, as provided in this act, against any violator of the liquor laws of this state, shall be a cumulative remedy and not prevent or hinder any criminal or civil action which may be brought against the same person and concerning the same illegal act or acts complained of in the injunction proceedings.
Sec. 38. Leased premises. If a tenant of any building or tenement uses the premises leased by him, or any part thereof, in maintaining a common nuisance as herein before defined, or knowingly permits such use by another, such use shall render void the lease under which he holds, and shall cause the right of possession to revert to the owner or lessor.
Sec. 39. Inquiry.-If any county attorney, attorney general, or the governor shall be notified, by any officer or other person, or shall have knowledge, of any violation of any of the provisions of this act, it shall be his duty, forthwith, diligently to inquire into the facts of such violation, and for that purpose he is hereby authorized to issue subpoenas for such persons, as he shall have any reason to believe have any information concerning or knowledge of such violation, to appear before him at a time and place in the county where such subpoena is served, then and there to testify concerning any violation of any of the provisions of this
Inquiry by Prosecutors
act. And the county attorney, attorney general, or the Governor may file with any magistrate of the county a written statement signed by such county attorney, attorney general, or the governor, alleging any such violation, and such magistrate shall then, on the written praecipe of the county attorney, attorney general, or the Governor, issue a subpoena for the witnesses to be and appear before such magistrate, at the time designated in such subpoena, to testify concerning any violations of the provisions of this act. Such subpoenas may be served by the sheriff, or any constable, or policeman, or by any other person who is a citizen of the county appointed by the prosecuting officer or the court, who shall serve and return the same to such Governor, attorney general, county attorney, or magistrate, in the same manner that subpoenas are served and returned when issued by justice of the peace. Each witness shall be sworn true answers to make to all questions propounded to him, touching the matters under investigation, and the testimony of each witness may be reduced to writing and be signed by the witness. For the purpose of this act, the county attorney or prosecutor are authorized and empowered to administer oaths and affirmations to such witnesses.
Any disobedience to the subpoena of the county attorney or prosecutor, or any refusal to be sworn as a witness or to sign the testimony given by him, or any refusal to answer to any proper question in such inquiry, shall be a violation of this act. Magistrates when acting under the provisions of this act shall have power to adjourn such proceeding from time to time, and to punish any witness for contempt for or on account of his refusal to be sworn or to answer questions as a witness or to sign his testimony. The magistrate may compel the attendance of witnesses by attachment. If the testimony so taken shall disclose the fact that any offense has been committed, the county attorney or other prosecutor shall prosecute the person committing such offense, and may file such testimony, together with his complaint or information against the person having committed the offense, in some court of competent jurisdiction, and such testimony, together with the information and complaint of the county attorney, or other prosecutor, when verified by him on information or belief, shall have the same effect as if such information or complaint had been verified positively, and thereupon a warrant shall be issued for the arrest of the person named in such complaint.
Sec. 40. Fees. Officers shall receive the same fees and mileage for serving subpoenas issued by a prosecuting officer under the provisions of this act as provided in criminal cases, and witnesses shall receive the same fees for attendance as is provided by law in justice courts. All witnesses shall attend upon such prosecuting officer when served with a subpoena without the payment of fees in advance. If any prosecution begun by a prosecuting officer, under the provisions of this act, shall finally fail, the costs of such prosecution, unless otherwise specified, shall be paid by the county in which such prosecution or action was begun, the same as other bills are audited and paid in said county.
It shall be the duty of the county board of each county to pay all bills incurred or approved by the county attorney in said county for the detection and punishment of all violations of this act, and for all inquiries and proceedings of every nature for the purpose of disclosing evidence, making raids, searches and seizures under this act. And the county board shall make sufficient appropriations to cover all such bills and expenses so incurred. The expenses of subpoena for witnesses by a county attorney shall be paid by the county board.
Sec. 41. Search for and seizure of liquors.-If any officer of the county or state or any credible resident freeholder of the county makes complaint before any police, municipal, or county judge, or justice of the peace, in writing and on oath, that he has reasons to believe, and does believe, that any intoxicating liquor, describing it as particularly as may be in the complaint, is in the county, in any place described, unlawfully owned or kept by any person, named or described, or is intended to be, or is being, by the person named or described in the complaint, sold or kept for sale or disposition in violation of this act, said magistrate shall, upon the filing of such complaint, and believing there is probable cause therefor, issue his warrant for a search of the premises described, and the arrest of the person named or described as in possession of such liquor, and naming and describing the liquors, person and premises as in the complaint. Such warrant shall be directed to the sheriff, constable, city or village marshal, police, commanding such officer so designated that after a thorough and diligent search of said premises, if he shall find any intoxicating liquors to seize the same, together with the vessels containing it and any other personal property
Search and Seizure
actually and directly used in connection therewith, and to safely and securely keep the same, under the direction of the court or magistrate, and immediately arrest the person in possession of such liquor, or the person in charge thereof, and to bring him or them before the magistrate for examination, and the possession by any person of any intoxicating liquors except under permit as in this act authorized shall be presumptive evidence of the keeping for sale, selling, use or disposal of such liquors in violation of this act, unless after examination he shall satisfactorily account for and explain the possession thereof, and that it was not kept for an unlawful purpose. In case the place described to be searched is the private dwelling house of the person named or described, or that of any other person, then the warrant shall not issue unless the complaint shall state that within thirty days immediately preceding the filing thereof intoxicating liquor has been unlawfully kept for sale, sold, or otherwise disposed of, in violation of law, or unless such private dwelling house is a place of resort for drinking intoxicating liquor. If upon examination the magistrate hearing the same shall be satisfied that the person found in possession of the liquor in violation of this act, had the same unlawfully in his possession or with the intent to unlawfully dispose of the same, the magistrate shall hold the person, or persons so arrested, for trial, and the liquor shall be held subject to the order of the court. The liquors so seized shall not be taken from the possession of any officer seizing and holding the same by writ of replevin or other proceedings, while the proceedings relating thereto are pending. Final judgment of conviction in such proceedings shall be in all cases a bar to any suits for the recovery of the same, or other personal property actually and directly used in connection therewith, or the value of the same, or for damages alleged to arise by reason of the seizing and destruction thereof, and on conviction, judgment shall be entered directing that containers or other receptacles hereinbefore mentioned, and other personal property actually and directly used in connection with the said violation shall be ordered sold by the court at public sale on ten days notice and the proceeds paid into the school fund as in case of fines and forfeitures.
Sec. 42. Search for and destruction of liquors.-If no one is found in the possession of the premises where said liquors may be found, the officer taking the same shall post in a conspicuous place on the building or premises a copy of his warrant, and take possession of the liquors and the containers or vessels con