Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1901-03-13
First published Mch. 70, 1901
ORDINANCE NO. 81.


Ordinance relating to the sale of Intoxicating
liquors and the suppression of places
where such liquors are sold or used. or
Kept Tor sale or use contrary to law:
Be It ordained by the Mayor and Councilmen
OF the City of Medicine Lodge. State of Kan
quors are manufactured or given away. in vio-
iation OF law. or where persons are permitted
TO resort for the purpose of drinking intoxi-
eating liquors are kept for sale barter or
delivery in violation of the law, and all intoxi-
eating liquors. bottles. glasses, kegs. pumps.
In maintaining such place. are hereby de-
ciared To be common nuisances, and every
person who maintains or assists in maintain
ing such common nuisance shall be guilty of u
violation OF this ordinance, and upon cOnvic-
ton shalt be punished by q fine of not less
than one hundred dollars nor more than five
hundred dollars. and by Imprisonment not
less than thirty days nor more than six
months, for each offense.
Section z. Upon the fling of Q complaint
charging that place is kept or maintained as
common nuisance by any person or persons,
and that Intoxicating liquors, bottles. glasses,
kegs. pumps, bars or other property are kept
or used therein, In keeping or maintaining
such place as common nuisance, warrant
enall De issued to the city marshal ordering
MIN to arrest the person or persons charged
or described as the keeper or keepers thereof,
and to search the place described in such COM
plant. and seize and take into his custody all
Intoxicating liquors. glasses, bars, pumps,
kegs. or other property described in said com
plant, which he may find at such place, and
safely keep the same subject to the order of the
police court. The complaint shall describe
the place to be searched with sufficient par
ticularity to identify the same, and shall de-
erty alleged to be used in maintaining the
same as particularly az practicable, but any
description however general, that will enable
the omcer executing the warrant to identify
the property to be seized shall be deemed suf-
ncient. Upon the return of the warrant the
court shall proceed as IN other cases against
nfa<1
Section 8. Whenever any intoxicating Ii.
quor or other property shall be seized under
such warrant, whether an arrest has been
made or not, notice shall issue within As
hours after the return of the warrant, IN the
same manner as a summons, directed to the
defendant or defendants in such action and
10 all persons claiming any interest in the IN
tox1cating liquors or other property, and fix
ing time and place at which all persons
claiming any interest therein may appear and
answer the complaint made against such in
toxicatiug liquors or other property, and show
cause If 10y they have why the same should
not be ad1udged forfeited and ordered de-
5trOyed. Such notice shall be served upon
the defendant or defendants in the action in
the same manner as q summons, If they be
found within the jurisdiction of the court and
copy thereof shall also be posted in q con-
splcuous position on the place where such
property was seized. Ii at the time for fling
answer said notice has not been duly served
or other sufficient cause appear, the time for
answering may be by the court extended, and
such other notice issued as will supply any
defect in the previous notice and give reason
able time and opportunity for all persons in
terested to appear and answer. At or before
the time fixed by notice, any person claiming
an interest in the intoxicating Liquors. or 9TH
er property seized, may file his answer in
writing, setting up his claim thereto, and shall
thereupon be- admitted as a party defendant
to the proceedings against such liquor, or 9th
er property. The complaint and answer or
answers which may be filed shall be the only
pleadings required, and at the time fixed for
answer or at any other time then to be fixed
a ha m n rv
manner before the Police Judge on the allie
cation of the complaint against the liquors or
swer shall be fled or not. it shall be the duty
of the City Attorney to appear and adduce ev-
idence in support of such allegations.
section 4. If the court shall find that said
Intoxicating liquors or other property or any
part thereof were at the time the complaint or
information was filed, being used in main
forfeited so much thereof as he shall find was
being so used; and shall order the officer in
whose custoday it is to publicly destroy the
same, 80 much of the intoxicating liquor or
other property as the court shall find not to
have been used in maintaining common nui-
sauce, he shall order it returned by the officer
in whose custody 1t may be, to the place as
nearly as possible from which it was taken,
or delivered to the person establishing his
claim to the same. If the court shall find that
any OF the liquors or such property was at the
time the complaint was filed being used in
maintaining common nuisance and shall al
80 find that it vas being used by any person
GUS section of this ordinance or by any person
filing an answer in said section provided. or
that it was then owned by any such person,
and BY him knowingly allowed to DO used, the
court shall render judgment against such per-
son for the costs OF the proceedings against
the Intoxicating liquors or other property 30
used or owned by him. If the court shall not
find that any of the property, intoxicating Ii
Quor or other property seized was at the time
the complaint was fled. being used in main
tanning common nuiaance, or shall not find
that any OF ii was being SO used or so owned
and allowed to be used. by any person served
with Il notice aforesaid or voluntarily becon-
Ing party rs aforesaid, the costs OF the pro-
ceedings against said property shall be paid as
in other criminal cases.
Section 5. That all ordinances either in
whole or In part in conflict herewith are here
by repealed.
Section 8. That any person violating any of
the provisions of this ordinance shall be DEEM
ed guilty of maintaining a nuisance and shall
be punished in accordance with the provis-
ions of section No. 1.
Sec. Z. This ordinance shall take effect and
be IN force from and after its publication in
the Barber County INDEX.
Passed and approved this 9th day of March.
1901. c. Q. CHANDLER, Mayor