Free press. [volume] (Hays, Kan.) 1888-1908, 1904-07-23

the Kelley cure or any other treatment given
for the cnring of the drink habit. And any
person violating the provisions of this section
shay be deemed guilty of a misdemeanor, and
upon conviction be punished by a fine of not
less than 500. or more than $500. and by i'm
prisonment for not less than thirty days er
more than six months, and pay the costs of
the prosecution.
Section I.--Drunkeness. If any person
shall be drunk on any street or alley or high
way in the city of Hays, or in any public
place or building, or if any person shall be
drunk in his own house or in any private
building or place disturbing his family or
others, he shall be deemed guilty of misde-
meanor, and upon conviction be punished by
a fine of not less than S25. or more than $50.
and be Imprisoned for not less than 10 days
or more than so days and pay the costs of the
prosecution.
Section IL It shall be unlawful for per-
SONS to assemble or congr egate at or upon
any vacant lot, or in any street alley or high
way, or in any vacant building, railroad car,
or enclosure for the purpose of drinking any
intoxicating liquor or to be present at any
such meeting or assembly. aiding or abetting
such drinking or giving countenance thereto
and any person violating the provisions of
this section shall be deemed guilty of a mis-
demeanor, and upon conviction be punished
by fine of not less than So. or more than
S25. and be imprisoned for not less than 10 or
more than 80 days, and pay the costs of the
prosecution,
Section I3..--Nuisances. All places where
Intoxicating liquors are bartered, sold or Civ
en- away in violation of any of the provisions
OF this ordinance, or where persons are per-
mitted to resort for the purpose of drin king
i mr. liuunrS. hRVRrapQ where
intoxicating liquors are kept for sale, barter,
or delivery, distribution or division, in vio-
lation ofJthis ordinance, and all Intoxicating
! liquors, bottles, glasses, kegs, pumps, bars
and other property kept in and used in keep
| ing or maintaining such a place are hereby
declared to be common nuisances, and any
person who keeps or maintains or assists in
keeping or maintaining such common nuis-
ance shall be deemed guilty of a misdemean-
! or and upon conviction be punished by a fine
OF not less than 500. or more than $500. and
by Imprisonment for not less than 80 days or
more than six months, and pay the cost of
the prosecution.
Section H. Search and Seize. Upon COM
plaiut being made charging that place is
| kept or maintained as a common nuisance by
| any person or persons and that Intoxicating
/ liquors, bottles, glasses, kegs, pumps, bars or
| other property are kept or used therein. A
| warrant shall issue commanding the officer to
whom II is directed. to arrest the persons or
/ person charged described as the keeper or
| keepers thereof, and to search the place de-
! scribed in the complaint, and seize and take
! into his custody, ali the Intoxicating liquors,
! glasses, bottles, kegs, pumps, bars or other
property mentioned in said complaint, which
! he may find at such place, and safely keep
| the same subject to tie orders of the Court.
] 10
| searched with sufficient particularly to en-
able the officer to identify the same, and shall
describe the property to be seized as nearly
as practicable. Upon the return of the war
rant the Court shall proceed against the par
ties arrested the same as in other cases.
| Section 49,. Hearing Notice and Interplea.
| whenever any intoxicating liquor or other
| property shall be seized under such warrant
whether an arrest be made or not, notice
shall issue within 4S hours after the return of
| the warrant, directed to the defendant or de-
| Pendants in such action and TO aid persons
claiming any interest in the intoxicating liqu-
or or other property and thereupon such sub
sequert proceedings shall be han in reference
to the disposal of said property and liquors
as is provided for in paragraphs 2495 and 2496
of the General Statutes of 1901 of Kansas and
said sections or paragraphs shall be taken
and construed as part hereof.
section &c.. Owners Liable Any one who
| knowingly permits any building or tene-
ment owned or leased by him under his
control or any part thereof, to be used in
| maintaing q common nuisance. or after be-
ing notified in writing of such omits to take
all reasonable and lawful measures to Gust
and eject therefrom The person or persons sc
using the same shall be deemed guilty of as
sisiing in maiutaing such common nuisance.
| Section 7.--Evidence. In all prosecutions
under this ordinance for keeping and main
tanning common nuisance. The finding OF
Intoxicating liquors in the possession of one
not legally authorized, to sell the same eX
cept in private dwelling house not used in
connection with place of business, shall be
prirna faciae evidence that such liquors are
kept for sale, or use in violation of law. And
the finding in a place fitted up with bar, OF
counter and glasses or other paraphanalia
usu ally kept and connected With a place
where Intoxicating liquors are sold as bev
erage, of a stamp showing the payment by
any person, of the United States Interna
Revenue Stamp tax, OF distilled or malt
liquors at such place for period not then
expired shall be priama faciae evidence that
the person or persons to whom the stamp was
issued, were at the time of the finding such
special tax stamp maiutaing a common
nuisance at such place,
Section 1S..--Fees of Officers and Witnesses
The city officers serving process and witness
es examined at any prosecution under thi:
, ordinance shall receive the same compensa
ton a officers performing the same services
and witnesses attending before Justices Of
the peace in criminal cases. The City Attor
ney shall receive for his services the sum Of
S25. upon each count upon which the defeud
ant is convicted, and such sum shall be taxed
| as costs in the case, but the city shall in No
event be liable for any fees i'll said prosecu
tons.
section 19.Fiue Ind Costs. The person Oh
persons against whom any fine aud costs are
assessed under this ordinance shall be com
mitted to Jail until the fine and costs are
paid.
Section 20.--All ordinances or parts of or
dinauces in conflict or inconsistent with this
ordinance are hereby repealed.
Section q. This ordinance shall take effec
and be in force from and after its pubhca
ton accorning to law.
AnUrOved 20 r SATIN Mavor