Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1905-11-11

the defendant or defendants in such I
action. and to all persons claiming
any interest in the Intoxicating liq-t
uors or other property, liking the time
and place al which all persons claim
ing any interest therein may appear
and answer the complaint made /
against such Intoxicating liquors or |
other property. and show cause, ii any I
they have, why the same should not /
be adjudged forfeited and ordered del
strOyeu. The notice shall be served /
upon the defendant or defendants in |
the action by delivering copy there |
of to each defendant or by leaving a |
copy thereof at his usual place of res
idence, If they be found within the |
jurisdiction of the court. and a copy |
thereof shalt also he posted in con |
spicuous position on the place where |
such property is seized. Ii at the
time for Hing answer said notice has |
not been duly served. or other suff1- |
#cient cause appear. the time for an |
swering may be by the court extended. |
and such other notice issued as will |
supply any defect in the previous no.
tice, and give reasonable time and OPP
portunity for all persons interested to
appear and answer At or before the
time fixed by notice, any person claim
ing an interest in the intoxicating
liquors or other property seized may
file his answer in writing setting up
his claim thereto and shall thereup-
on be admitted as a party defendant
to the proceedings against such liQ-
uorS or other property. The COM
plant or any answer or answers that
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 by the court, a trial
shall be had in a summary manner be-
fore the court of the allegations of the
complaint against the liquors, or
other property seized, and whether
any answer shall be filed or not, it
shall be the duty of the city attorney
to appear and adduce evidence in sup
port of such allegations.
Section 10. II the court shall find
| that said Intoxicating liquors or other
property, or any part thereof. were,
at the time the complaint was filed.
| being used in maintaining a common
nuisance, he shall adjudge forfeited
so much thereof as he shall find was
being so used. and shall order the off,
Ger In whose custody it is publicly de-
stroy the same; so much of said intox-
icating liquors and other property as
the court shall not find to have been
used in attaining common nui-
sance he shall order it returned by
the officer i'm whose custody it is to
the place, as nearly as may be, from
which it wus taken, or delivered to
the person establishing his claim to
the same. If the courts shall find
Uf1dU any Ol Tie IIQuOTS OF OUn0T prop
erty was at the time the complaint
was filed being used in the maintain
ing a common nuisance and shall also
find that it was being used by any
person served with notice provided
for in the previous section of this or
dinance or by any person filing an
/ answer, as in said section provided, or
4 that it was then known by any such
person, and by him knowingly allow
ed to be so used, the court shall rem
der judgment against such person for
costs of the proceedings against the
Intoxicating liquors or other property
so used or owned by him. If the
court shall not find that any of such
Intoxicating liquors or property SelZ-
ed, was at the time the complaint was
filed, being used in maintaining a
common nuisance, or shall not find
that any of it was being SO used or so
owned and allowed to be used by any
person or persons served with the no.
tice aforesaid, or voluntarily becOm-
ing party as aforesaid, the costs of
the proceedings against such property
shall be paid as in other criminal
cases. Either the city or any defend
ant or other erson claiming the prop
erty seized may appeal from the Judg
ment of the court in anv special pro-
ceeding against property seized Any
claimant of such property who ap-
peats, must, within ten days, enter
into an undertaking, with two or more
SuretieS to the city Of Wa-Keeney to
he approved bv the police judge, in
the sum of not less than one hundred
dollars nor less than double the costs
adjudged against him. conditioned
that he will prosecute his appeal
without unnecessary delay, and that,
if Judgment he rendered against HIM
on appeal, he will satisfy the judg-
ment and costs. No bond shall be re-
CURED for an appeal by the city and
such appeal shall stay the execution
of the Judgment
Section II. Any one who knowing
ly permits any building or tenement
owned or leased by him, or under his
control, or any part thereof, to he
used in maintaining common nui-
Sance, or, after being notified in writ
ing of such use, omits to take all reas-
enable measures to eject therefrom
the person so using the same shall be
deemed guilty of assisting in main
tanning such nuisance.
Section u ANY person violating
any of the provisions of this ordinance
shall upon conviction be punished bv
fine of not less than one hundred
dollars nor more than five hundred
dollars and by imprisonment for not
less than thirty days nor more than
SIX months and the costs of the case,
and shall be fun ther imprisoned until
such fine and costs are paid.
Section 3D. All ordinances or parts