Valentine Democrat. (Valentine, Neb.) 1900-1930, 1905-12-21

gent search of said premises, he
shall seize the said liquor with the
vessels containing it and to keep
the same securely until final action
be had thereon; and Immediately
! arrest the person named or de-
scribed in. said warrant, or the
person in charge of the said liquors
! and bring him before said magis-
trate for examination, and the pos
session of any of said liquors shall
be presumptive evidence of vio-
lation of this chapter and subject
the person to the fine prescribed
in section eleven, unless after ex-
animation he shall satisfactorily
account for and explain the pos
session thereof, and that it was not
kept for an unlawful purpose.
Where any liquors shall have been
seized by virtue of any such war
rant the same shall not be dis
charged or returned to any person
claiming the same, by reason of
any alleged insufficiency Of the
description in the complaint or
warrant of the liquor or places,
but the claimant shall be- entitled
to an early and speedy hearing on
the merits of the cause; Provided,
That in case the place described in
said complaint and to be searched
is the residence of the person
| named or described in said COM
plant, or any other person, then
| and in that case the warrant shall
not issue unless the complaint
shall state that within 80 days, i'm
| mediately preceding the filing
thereof, that liquor describing it
has been sold therein in violation
| of this chapter.
TRIAL-DEsTRUCT OF LIQUORS.
4241, Sec. 81. If upon said ex-
animation the magistrate hearing
the same shall be salts fed that the
person named or described in the
complaint, or found in possession
of said liquors and premises de-
cribed therein, had been selling
liquor without license, IN violation
of this chapter, or had said liquors
so seized in. his or her possession
with intept5o dispose of the same
in violation of this chapter, said
magistrate shall hold said person
so arrested for trial at the next
term of the district court and shall
order the liquors so seized Destroy
ed by the officer having them in
charge; Provided, That defendant
may appeal from said order to the
district court, in which case the
liquors shall abide the result of the
trial of the defendant in the dis
trict court, and if there convicted
he shall be fined or imprisoned as
in this chapter provided in the dis
erection of the court, and the court
shall further order said liquors de-
stroyed as if the appeal herein
provided for had not been taken.
PUNISHMENT-COs TS-DIsPOSAL OF
LIQUORS.
1912, Sec. %. In case the de-
PENDANT is acquitted he shall be
discharged and the liquors return
ed, but if found guilty, in addition
to the payment OF tine he shall
pay all costs of prosecution, in
Guiding a reasonable attorney fee
to the prosecuting attorney Tin
case the county attorney does not
prosecute), to be determined by
the court, and in no case less than
$25' which shall be taxed in the
costs and recovered as other costs.
If the defendant be discharged the
costs shall be paid by the COM
planning witness unless the court
shall sustain the finding that there
was probable cause for the COM
| plant. If no one is found in the
possession of said premises where
said liquors may be found, the of.