Western Kansas world. [volume] (WaKeeney, Kan.) 1885-current, 1905-02-11

in in keeping or maintaining such a
place as a common nuisance, warrant
shall be issued commanding the OFF,
Ger to whom it is directed to arrest
the person or persons charged or de-
scribed as the keeper or keepers
tn ereof and to search the place describ-
ed in such complaint, and seize and
take into his custody all intoxicating
liquors, bottles, pumps, glasses, kegs.
bars or other property described in
said complaint which lie may ind
kept or used in such a place contrary
to law, and safely keep the same SUD-
ject to the order OF the court. The
complaint shall describe the place to
be searched, with sufficient particu-
larity 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 enable the
officer executing the warrant to ident-
ify the property to he seized shall be
deemed sufficient. Upon the return
of the wai rant the court shall proceed
as in other cases against the person or
persons arrested.
SEC 9. Whenever any Intoxicating
liquors or other property shall be
seized under such "A warrant, whether
an arrest has heen made or not the
police court shall issue notice within
forty-eight hours after the return of
the warrant. directed to the defend
ant or defendants i'm such action. and
to all persons claiming any interest i'm
the Intoxicating liquors or other prop
erty, fixing the time and place at
which all persons claiming any inter
est therein may appear and answer
the complaint made against such IN
toxicatihG liquors or other property,
and show C InSe. il any they have. why
the same should nor he adjudged for
feited or ordered destroyed. The no
tice shall ne served upon the defend
ant or defendants in the action ny
delivering copy thereof to each
defendant or bv leaving a copy thereof
at his usual place of residence, If they
he found within the Jurisdiction of
the. court, and copy thereof shall
also he pos ed IN conspicuous posi-
tion on the plac" where such property
is seized Ii at the time for filing an
swer said notice has not been duly
served. or other sufficient cause ap-
pear. the time fOr answering NAV ne
by the court extended. and such other
notice issued as will supply any defect
in the previous notice, and give rea-
sonable time and opportunity for all
persons interested To appear and an
swer. At or before the time fixed nv
notice. any person claiming an inter
est in the Intoxicating liquors or
other property seized NAV file his an
swer in writing setting up his claim
thereto. and shall thereupon be
admitted as a party defendant ID the
proceedings againt such liquors or
other property The complaint and
any answer or answers that may he
filed snail be the only pleadings re-
CURED; and the time fixed for an
swer, or at any other time then tn be
fixed by the court, trial shall be had
in a summary manner before the
the court of the allegations of |
complaint against the liquors, or /
uther property seized. and whether |
any answer shall be filed or not, it |
shall he the duty of the city attorney |
to appear and adduce evidence in |
support of sus-h allegations.
SEC TO- II the court shall find that /
said Intoxicating liquors or other |
property, or any part thereof, were,
at the time the complaint was filed, i
nuisance, n. shall adjudge forfeited
so much thereof as he shall find was
being So used and shall order the OIL
Ger in whose custody it is publicly to
destroy the same; so much Of said in
liquors and other property
as the court shall not find to have
been used in maintaining common
nuisance he 81 all order it returned by
he ofhcer in whose custody il is to
the place, as nearlv as may be. from
which lt was taken, or delivered to
the person establishing his claim to
the same. If the courts shall fiud
that any of the liquors OF other prop
erty was at ii time the complaint
was fled being used in maintaining
nuisa nee and shall also find
that It was being used by any person
served with notice provided for in the
previous section OF this ordinance or
by any person filing an answer. as in
said section provided. or that 1t was
then known by any such person, and
nv him knowingly allowed to be so ,
used, the court shall render judgment
against such person for costs of the ,
against the Intoxicating i
liquors OF other property so used or 4
owned bv HIM. Ii the court shall not
ind that any of such Intoxicating
liquors or property seized, was at the
time the con plant was filed, being
nsed in maintaining a common nuis-
ance. or shall not find that any of it
Was being so used or SO owned and 1
allowed to be used by anv person or
persons served with the notice afore-
aid. or voluntarily becoming a party
Is aforesaid. the costs of the proceed
zsr<,k y. r.