the terms of such injunction shall be punished for contempt by a fine of not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, in the discretion of the court or judge thereof.

SEC. 5. Upon its being shown to the court or judge thereof that any injunction granted by such court or judge under the provisions of the preceding section is being violated, such court or judge may make an order commanding forthwith the enforcement of such injunction by such measures and means as in the judgment of the court or judge may be necessary to prevent further violation of such injunction.

SEC. 6. Any one, who knowingly permits a building or tenement owned or leased by him, or under his control, or any part thereof, to be used in maintaining a common nuisance, or, after being notified in writing of such use, omits to take all reasonable measures to eject from the premises the person so using the same, shall be deemed guilty of assisting in maintaining such nuisance.

SEC. 7. If a tenant of a building or tenement uses such premises or any part thereof in maintaining a common nuisance as hereinbefore 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, who may take immediate possession thereof, and may maintain an action for the unlawful detention of such premises.

SEC. 8. If the prosecuting attorney, sheriff, or any peace officer, has probable cause to believe that intoxicating liquors are sold, furnished, delivered, given away, or otherwise disposed of in violation of law, or are kept for sale, delivery or disposition in violation of law at any place in a prohibition district, it shall be the duty of such prosecuting attorney, sheriff, or peace officer forthwith to make and file with a magistrate an affidavit of probable cause, setting forth and particularly describing the place where such intoxicating liquors are sold, furnished, delivered, given away or otherwise disposed of, or are kept for sale, delivery or disposition, and the intoxicating liquors kept in such place, and, upon the filing of such affidavit, such magistrate shall issue a warrant commanding the officer to whom it is directed to search the premises described in such affidavit, and, if such intoxicating liquors are there found, to seize the same with the vessels in which they are contained and all implements and furniture used and kept in such place

for the unlawful selling, furnishing, delivering, giving away, or otherwise disposing of such intoxicating liquors, and safely keep the same subject to the order of such magistrate. The affidavit shall describe the place to be searched, with sufficient particularity to identify the same, and shall describe the intoxicating liquors and other property to be seized as particularly as practicable. But any description, however general, which will enable the officer executing the warrant to identify the place to be searched and the property to be seized shall be deemed sufficient.

The officer executing the warrant shall forthwith return the same to the magistrate, together with a complete inventory of all property seized by him thereunder. All intoxicating liquors or other property seized under said warrant shall be held by the officer who executed the warrant, subject to the order of the magistrate.

The officer executing such warrant shall forthwith file a complaint against the person or persons keeping the place where such intoxicating liquors were found, charging him with such offense under the laws relating to the sale of intoxicating liquors as the evidence of the case appears to warrant, and such intoxicating liquors or other property seized under said warrant may be used as evidence in the hearing of such case before the magistrate and the trial thereof in the district court. If the defendant be held to answer to the district court for the offense complained of, the magistrate shall order the intoxicating liquors and other property seized to be held subject to the order of the district court, to which the depositions taken at the preliminary examination are returned.

If there is not sufficient evidence at such hearing to warrant holding the defendant to answer, or if no arrest was made or complaint filed, it shall be the duty of the magistrate to fix a time for hearing and determining the purpose for which such intoxicating liquors were kept, and to issue notice thereof, which shall be served upon the person claiming said intoxicating liquors (if he be known, and, if not, by posting a copy thereof on the building or premises where the intoxicating liquors were found) at least ten days before the date of such hearing. If, at the time fixed for such hearing, no claimant or other person appears, or, if after a hearing thereon, the magistrate finds from the evidence that such intoxicating liquors were kept for use or used in violation of law, he shall order that the same be publicly destroyed.

When the defendant has been held to answer to the district court, such intoxicating liquors shall remain in the cus

tody of the officer executing the warrant, pending the final determination of the case. If the defendant is convicted and does not immediately file a notice of appeal, the intoxicating liquors shall be immediately destroyed by order of the court. If the defendant be discharged for any reason, or found not guilty, the intoxicating liquors so seized shall be returned to him or to such person as the court finds is entitled to the same.

Nothing herein contained shall be construed to prevent the filing of a complaint charging any person with an offense under the laws relating to the sale of intoxicating liquors before an affidavit has been filed for the issuance of a search warrant.

Intoxicating liquors seized as hereinbefore provided, shall not be taken from the custody of the officer in whose possession they are by any writ of replevin or other process while the proceedings herein provided for are pending, and final judgment of conviction in such proceedings shall in all cases be a bar to all suits for the recovery of any intoxicating liquors seized or of the value of the same, or for damages alleged to arise by reason of the seizing and detention thereof.

SEC. 9. If a prosecuting attorney of any county shall be notified by any officers or other person, or shall have knowledge of any violations of the provisions of the laws of this State relating to intoxicating liquors, it shall be his duty forthwith diligently to inquire into the facts of such violation, and for that purpose he is hereby authorized to make and file with a magistrate of his county an affidavit setting forth that he has probable cause to believe that the laws relating to the sale of intoxicating liquors have been or are being violated in such county and that certain persons, (naming them), have information concerning, or knowledge of, such violations, and, upon the filing of such affidavit, it shall be the duty of such magistrate to issue subpoenas for the persons named in such affidavit, requiring them to appear before him at a time to be designated therein, to testify concerning any violations of the provisions of said laws. Such subpoenas may be served by the sheriff or any constable of the county or by any other person who is a citizen of the county, and shall be served and returned in the same manner as subpoenas in ordinary criminal cases.

When such witness or witnesses shall appear before the magistrate, he shall be sworn to make true answers to all questions propounded to him touching the matters under investigation, and the testimony of each witness shall be reduced to writing by the magistrate or under his direction

and shall be signed by the witness. Any disobedience to the subpoena of the magistrate or any refusal to be sworn as a witness or to sign the testimony given by him, or any refusal to answer any proper question propounded by the prosecuting attorney or magistrate in such inquiry, shall be a misdemeanor and shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.

Any magistrate acting under the provisions of this section shall have the power to adjourn such proceedings from time to time and to punish any witness for contempt or on account of his refusal to be sworn or to answer questions as a witness or to sign his testimony, and the attendance of any witness or witnesses may be by such magistrate compelled by attachment.

If the testimony of any witness or witnesses at such investigation shall disclose the fact that an offense has been committed, the prosecuting attorney shall prosecute the person or persons committing such offense and may file such testimony, together with his complaint against the person or persons charged with the commission of the offense, before a magistrate, and such testimony, together with the complaint of the prosecuting attorney, when verified by him on information and belief shall have the same effect as if such complaint had been verified positively, and thereafter a warrant shall be issued for the arrest of the person or persons named in such complaint and proceedings thereunder had as in other criminal cases.

Any witness called to testify under the provisions of this section shall be entitled to receive the same compensation as witnesses in ordinary criminal actions.

SEC. 10. No person shall be excused from testifying in any proceeding brought under the preceding section before a magistrate, on the ground that his testimony might incriminate him. But no person shall be prosecuted or punished on account of any transaction or matter or thing concerning which he shall be compelled to testify, nor shall such testimony be used against him upon any prosecution for any crime under the laws of this State.

SEC. 11. It shall be the duty of all sheriffs, deputy sheriffs, constables, mayors, marshals and police officers of any city or village, having notice and knowledge of any violation of the provisions of this Act, to notify the prosecuting attorney of the proper county of the fact of such violation. and to furnish him the names of any witnesses within his knowledge by whom such violation can be proven. If any

such officers shall fail to comply with the provisions of this section, he shall, upon conviction, be fined in any sum not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), and such conviction shall be a forfeiture of the office held by such person, and the court before whom such conviction is had shall, in addition to the imposition of the fine aforesaid, order and adjudge forfeiture of such office. For a violation or neglect of official duty in the enforcement of this Act, any of the city or county officers herein referred to may be removed in the manner now or hereafter provided by law.

SEC. 12. Any qualified elector of the county may employ an attorney to assist the prosecuting attorney to perform his duties under this Act, and such attorney shall be recognized by the prosecuting attorney and the court as associate counsel in such proceedings. No prosecution shall be dismissed over the objection of such associate counsel until the reasons of the prosecuting attorney for such dismissal, together with the objections thereto of said associate counsel, shall have been filed in writing, presented by counsel and fully considered and decided by the court.

SEC. 13. When a defendant has been held to answer to the district court for more than one offense under the laws of this state relating to the sale of intoxicating liquors, the prosecuting attorney may, in filing his information against such defendant, include therein all the offenses for which such defendant is then held to answer to such district court, stating each offense under separate counts in such information, and, upon the filing of such information, the proceedings thereunder shall be the same as though one offense only were charged therein: Except that, upon the trial of such defendant thereunder, he may be convicted of one or more of the offenses charged therein as the evidence may warrant, and the failure of the jury to find the defendant guilty under any count shall be deemed an acquittal of the defendant of the offense contained in such count.

SEC. 14. No officer of this state, or of any county, city, town or municipal corporation thereof, shall ever accept or receive, directly or indirectly, any property, money or thing of value, either for himself or for another, or for the state, county, city, town, or municipal corporation, for or in consideration of any agreement or understanding, express or implied, of any kind, character or nature whatsoever, that any person, individual or corporation, shall be permitted to violate any provisions of any laws of this state relating to the sale of intoxicating liquors, or shall, because of the payment or delivery of any such money, property or thing of