The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-06-28

of and to search the place described
in such complaint and to seize and to
take into his custody any and all in
toxicating liquors, bottles, glasses, kegs,
bars, and other property, described IN
said complaint, and which he may ma
at such place, and to Sa1ely keep the
same subject to the order of the court
The officer serving such warrant snail
deliver a copy thereof to the person or
persons found in charge OF such place,
and if no person be found IN charge
thereof then such copy shall be posted
by said officer in a conspicuous place
therein. Upon the return OF said war
rant the police Judge shall proceed as
in other cases against the person or per
sons arrested. A time shalI pc set Tor
the trial of the charges MADE IN SAID
complaint against the liquors ana prop
erty seized in not less than five days,
unless sooner tried by consent, at which
time any person or persons claiming an
interest as owner, or owners, or other
wise in such liquors ana property, may
anpear and be heard in defense of his
or their claims thereto, ana may de-
fend against the charges made IN Sald
complaint. The trial upon SAID com
plant against such liquors ana property
shall proceed as in other cases for the
trial of offenses committed against the
ordinances of the city II no persons
shall have been arrested on said war
rant, the trial shall proceed as one for
the condemnation and forfeiture OF the
liquors and property SO seized II upon
the trial against the liquors and prop
RrtV seized, SalQ complain Is IOunO "
be true and that such liquors and prop
erty or any of them, were kept or used
in keeping and maintaining a common
nuisance in violation of this ordinance,
the court shall adjudge such liquors and
property to be contraband and forfeited,
and that they be publicly destroyed.
The acuuittal or discharge of any per-
son or persons arrested on such warrant
shall not prevent the trial of the charges
made against the liquors and property
seized and the adjudging of them to be
contraband and forfeited; but in case
OF the acquitta1 or discharge OF any
such person arrested and he Is nOtshoWn
to be the owner of such liquors and
property, or in case no arrest is made,
before the trial %, Of the charges argos
erty, the police judge shall cause
notice to be given to the owner, If
known, or to the reputed owner, of said
it may concern, of the proceedings pend
ing and the seizure of said liquors and
property, describing the same, and stat
ing the time and place OF trial; SAID no
fice shall be served not less than three
days before the day of trial, by deliver
ing a copy thereof to such owner or
reputed owner personally, or by leaving
such copy at his usual place of resi-
dence if in the city, and by posting a
copy thereof on the door of the place
where such liquors and property were
seized or either and becoming a party
to the trial of the charges made against
the same shall be liable for the costs
of such trial. the same as in other
ses of offenses against the ordinances
of the city.
Sec. s. In prosecutions under this or
dInance it shall not be necessary to
state the kind of liquor sO1d or kept for
sa le or use, nor the name of the person
to whom sold; and it shall not be nee
essary to describe the place where sold,
except in prosecutions for keeping and
ma int aiming a common nuisance; and it
shall not be necessary in the first in
stance for the city to prove that the
party charged did not have a permit to
sell intoxicating liquors for medical,
scientific or mechanical purposes.
SEC. 9. Any person violating any of
tile provisions of this ordinance shall
upon conviction be punished by fine
of not less than s. and not exceeding
5 Cand by Imprisonment of not less
than one month and not exceeding -
months) for each offense.
Sec TO- All ordinances and parts of
ordinances, in conflict with this ordin-
ance are hereby repealed; provided
however, that no prosecution now pend
ing and no offense heretofore commit
ted under ordinances heretofore enact
ed, shall be affected in any way by the
provisions of this ordinance: but all
such prosecutions shall be conducted to
firal judgment and all such offenses
shall be prosecuted in the same manner
acted.
Seq IL This ordinance shall take eff
feet and be in force from and after its
publication in the official city paper.
*The words in parenthesis in section
should be omitted in cities of the third
class.