Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1905-05-03
Ordinance No. IO7.

IL.
quors and Prescribing Penalties for Viola
ton Thereof
Be it Ordained by the Mayor and Council
men OF the City of Medicine Lodge Kans
section IL shall bc unlawful for any per-
son 10 sell or barter any spurious. malt vi
nous, Iermented or other Intoxicating liquors.
~ TINS city, unless such persons have drug.
gists permit therefor from the probate Judge
OF Barber County. Kansas.
section =. IL shall be unlawful for auy
druggist having permit from the probate
Judge or Barber County to sell Intoxicating
liquors otherwise than by himself In person.
or Dy q clerk who is registered pnArmacisf
or assistant pharmacist under the laws OF the
STATE OF Kansas; or to sell the same for other
tnan medical, mechanical and scientific pur-
poses or 10 sell the same for such purposes
otherwise than upon affidavit as pres cr,bed
Dy the laws OF the State of Kansas: or 70 setI
inc same at any other place than that desIg-
nated In MS permit; or to allow any intoxicat-
Ing liquors sold by him to be drank on the
premises or in any apartment connected there
with or under his control
Section 3. All liquors mentioned in Section
OF THIS ordinance and all other liquors or
mixtures thereof, by whatever name thew
shall be held to be intoxicating LIQUORS within
the meaning of this ordinance.
:, Section 4. The giving away of Intoxicating
liquor or any SHIFT or device to evade the pro-
visions of this odinance shall be deemed an
unlawful selling within thesmeaning of this
ordnance.
Section 8. 1t shall be uni awful for any per.
son to keep or maintain. or to aid, assist or
abet in keeping or maintain ing, in this civ a
place where intoxicating liquors are sold, bar
tered or given away in violation of the proyis-
sions of this ordinance, or where persons are
permitted to resort for the purpose of drink
ing Intoxicating liquors as beverage or
where intoxicating liquors are kept for sale
barter or delivery in violation of this ordinance
Section 6. 1t shall be unlawful for any per-
son, directly or Indirectly, to keep or main
tain by himself or by associating or combining
with others, or in any manner to aid, assist or
aoet In keeping or maintaining an club room
Or other place, in this city, in which any intox-
1cating liquors are kept for the purpose of use
gilt, barter or sale as a beverage. or for dis.
tributi0n, or division among the members of
any club or association by any means what
soeyer; and any place so kept or maintained
shall be deemed to be a common nuisance
Sec. Z; All places where intoxi eating liquors
are sold ,bartered or given away in violation of
the provisions of this ordinance. or where pc r
sons are permitted to resort for the purpose of
drinking Intoxicating liquor as beverage or
where intoxicating liquors are kept for sale
barter or delivery in violation of this o-di-
nance, and all Intoxicating liquors, bottles,
glasses, kegs, pumps, bars and other property
kept in and used in maintaining such places,
are hereby declared to be common nuisances
and shall be abated such as hereinafter
provided.
Section s. Upon tho filing in the police
court of complaint under oath charging that
a place is kept or maintained as common
nuisance, by any person or persons, and that
Intoxicating liquors, kegs, pumps, bars or
| other property are kept or used therein in
keeping or maintaining such place as COM
mon nuisance, warrant shall be issued COM
handing the officer to whom it is directed to
arrest the person or persons charged or de-
scribed 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, bottles, pumps, glasses
ss oars ana 3hher b described in
| place and safely keep the same subject to the
order of the Court. The complaint shall de-
| scribe the place to be searched, wit}-sufiicient
| particularly to identify the same, and shall
| describe the intoxicating liquors or other
property alleged to be used in maintaining
| the same as particularly as practicable; but
any description. however general, that will en-
able the officer executing the warrant to iden-
| tify the property to be seized shall be deemed
sufficient. Upon the return of the warrant
/ the court shall proceed as in other cases
against the person or persons arrested
Section g. Whenever any Intoxicating Ii.
| quors or other property shall be seized under
such warrant, whether an arrest has been
| made or not, the police judge shall issue q
notice within forty-eight hours after the re.
turn of the warrant, directed to the defendant
| or defendants in such action, and to all per.
sons claiming any interest in the intoxicating
| liquors or other property, fixing the time and
place at which all persons claiming any inter
| est therein may appear and answer the com
plant made against such intoxicating liquors
or other property, and show cause, If any they
have, why the same should not be adjudged
| forfeited and ordered destroyed. The notice
[ shall be served upon the defendant or defend
ants in the action by delivering a copy thereof
to each defendant or by leaving copy thereof
| at his usual place of residence if they be
found within tho jurisdiction of the court
| conspicuous position on the place where such
property is seized. If at the time for flina
answer said notice has not been duly served
| or other sufficient cause appear, the time fol
answering may be by the court extended, anC
such other notice issued as will supply any de
feet 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 other
property seized, may file his answer in writinl
setting up his claim thereto, and shall there
upon be admitted as party defendant TO the
proceedings against sucn liquors or other prop
erty. The complaint and any answer or ans.
Wers that may be filed shall be the only plead
ings required; and at the time fixed for ans
Wer or at any other time then to be fixed by
the court. O trial shall be had in a summary
manner before the court of the allegations o.
complaint against the liquors. or other proper
~ seizea ana whether any answer shall be filed
to appear and adduce evidence in support O.
such allegations.
Section 10. If the court shall find that said
Intoxicating liquors or other property, or an,
part thereof, were, at the time the Complaint
was filed, being used in maintaining a com
mon nuisance, he shall adjudge forfeited n
Il, ueh thereof as he shall find was being 81
used, and shall order the officer in whose Gus
tody 1t is, publicly to destroy the same; 8,
much OF said intoxicating liquors and othe
property as the court shall not find to have
been used in maintaining a con mon nuisance
he shall order returned by the officer in who's
custody 1T IS, to the place. as nearly as may be
, from which it was taken, or delivered to tn,
person establishing his claim to the same.
the court shall find that any of the liquors o
other property was at the time the com plain
was nled being used in maintaining a common
nuisance and shall also find that 1t was bejns
USED by any person served with n office provid
ed for in the previous section of this ordi
nance or by any person filing an answer a
~ said SECTION provided. or that it was thel
known By any SUCH person, and by him know
ingiy allowed to be go used, the court shall
render Judgment against such person TO
, costs of the proceedings against the intoz icaf
ing liquors or other property so used or owne,
by him. Ii the court shall not find that any O
such Intoxicating liquors or property seized
was at the time the complaint was filed. bein,
used In maintaining 8 common nuisance, O
shall not lind that any of it was being SO use,
or SO owned aud allowed to be used by an,
person or persons served with the notice afore
said, or voluntarily becoming party as af0re
sald. the costs or the proceedings against sucl
property Shall be paid as in other prosecution
for violation of city ordinances. Either tn
city or any defendant or other person claiming
the properly seized, may appeal from ia,
Judgment of the court in any special proceed
inys against property seized Any claiman