41-1107. Duty of county attorney; penalty for neglect; duty of attorney general. - Kansas Statutes

41-1107

Chapter 41.--INTOXICATING LIQUORS AND BEVERAGES Article 11.--MISCELLANEOUS PROVISIONS

      41-1107.   Duty of county attorney; penalty for neglect; duty ofattorney general.It shall be the duty of the county attorneys of the several counties todiligently prosecute any and all persons violating any of the provisions ofthis act in their respective counties, and to bring suit upon all bonds orrecognizances forfeited immediately after the happening of such forfeiture,to recover the penalty, and to pay all money so collected to the countytreasurer of his county. If any county attorney shall fail, neglect, orrefuse to faithfully perform any duty imposed upon him by this act, heshall be deemed guilty of a misdemeanor, and upon conviction thereof shallbe fined in any sum not less than one hundred dollars ($100) nor more thanfive hundred dollars ($500), and be imprisoned in the county jail not lessthan ten (10) days nor more than ninety (90) days; and such convictionshall operate as a forfeiture of his office, and the court before whom suchconviction may be had shall order and adjudge such forfeiture of office inaddition to the fine or imprisonment imposed as herein provided.

      Whenever the county attorney shall be unable or shall neglect or refuseto enforce the provisions of this act in his county, or for any reasonwhatever the provisions of this act shall not be enforced in any county, itshall be the duty of the attorney general to enforce the same in suchcounty, and for that purpose he may appoint as many assistants as he shallsee fit, and he and his assistants shall be authorized to sign, verify andfile all such complaints, informations, petitions and papers as the countyattorney is authorized to sign, verify or file, and to do and perform anyact that the county attorney might lawfully do or perform.

      History:   L. 1949, ch. 242, § 116; L. 1973, ch. 106, § 9; June 1.