The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-01-25

of work; said use of grain alcohol to
be for scientific purposes only, as
shown by an affidavit duly sworn to
by such person. Any person who shall
mako any false statement In any such
AFFIDAVIT shall be guilty of a misde-
meanor
Section 8. Every person who shall
within this state. directly OF indirectly,
keep OF maintain by himself or by as
sociating or combining with others.
any club room or other place in which
any alcoholic liquor, Is received or
kept for the purpose of selling. bar.
tering. giving away, OF otherwise fur.
nishing. or for distribution or division
among the members of any club or
! association by any means whatso-
ever, and every person who shall sell.
barter, give away or otherwise furnish,
distribute or divide any such alcoholic
liquor so received or kept shall be
guilty of misdemeanor.
Search Warrants.
Section 6. II it shall be made to
appear TO any judge OF a district court
or justice OF the peace that there is
probable cause to believe that alco-
hollc liquor is being manufactured.
sold, bartered, given away. or other.
wise furnished, or Is being kept for
the purpose of selling, barterlng. Civ
ing away, OF otherwise furnishing In
violation of this act, such Judge or
magistrate shall issue warrant d.
reCted to any officer of the county
whom the complainant may designate.
having the power to serve criminal
process. commanding him to search
the premises described and designated
in such complaint and warrant. and to
seize all such alcoholic LIQUOR there
found, together with the vessels in
which they are contained and all i'm
plements. furniture and fixtures used
or kept for such illegal manufactur-
ing, selling, bartering, giving away,
o. otherwise furnishing of such IL
quors. and safely keep same, and to
make return within three days OF
said warrant, showing all acts and
things done hereunder, with a par
toular statement Of all property seiz-
ed, of the person or persons in whose
possession the same was found, il any.
and If no person be found in the pos
session of said property, his return
shall so state. A copy of said war
rant shall be served upon the person
or persons found in possession of any
such alcoholic liquor, furniture or fix
lures so seized, and If no person be
found in the possession of said pro-
| perty, his return shall SO state. A copy
of said warrant shall be served upon
the person or persons found in pos
session of any such alcoholic liquor,
furniture or fixtures 80 seized, and
If no person be found In the posses
sion thereof, copy of said warrant
| shall be posted on the door of the
| building or room where the same are
! found.
Section Z. Upon the return OF
such warrant as provided In the next
| preceding section, the magistrate or
| Judge shall fix time, not less than
| ten days or more than thirty days
| thereafter, for hearing Of said return,
when he shall proceed to hear and de-
i termine whether or not the property
| so seized or any part thereof was
used In violation OF any OF the pro
Visions of this Act At such hearings
any party may appear and be heard
| and II upon such hearing 1t shall ap
pear that any property go seized was
| knowingly used or permitted to be
used. in violation OF any provision OF
this Act. the same shall be adjudged
| forfeited to the state. If upon such
hearing 1t shall appear that any prop
| erty so seized was not kept or used
for any unlawful purpose. or If any
! person shall show that he is the OWL
er Of any furniture, fixtures or other
! property seized under such warrant
and that the same, or any part there
OF. were unlawfully used without his
| knowledge or consent, the same shall
| be returned to its lawful owners. -
Section s. No alcoholic liquor, yes
sells, fixtures, furniture or other prop
erty seized by virtue of any warrant
Issued under the provisions Of this ac
shall be taken from the possession o.
the officer selling the same under any
replevin or other process.
Section g. No such warrant shall
issue but upon probable cause, sup
ported by oath or affirmation, deecrib
| Ing as particularly as may be the place
to be searched, or the person or thinl
to be seized.
Seizure of Property.
Section 10 When a violation of an,
provision Of this act shall occur ii
the presence of any sheriff. constable
marshal. or other officer having powe
to serve criminal process. it shall b'
the duty. Of such officer, withouo wal
rant to arrest the offender and seiz'
the alcoholic liquor, bars, furniture
fixtures, vessels and appurtenance
thereunto belonging so unlawful.
used, and to take such offender or oi
tenders Immediately before the cour
or Judge having jurisdiction In tn
premises, and there make complaint
under oath, charging the offense S
committed, and he shall also make re
turn, setting forth particular DIES
cription of the alcoholic liquor an
property seized, and Of the place wher
the same was 30 seized, whereupol
the court or judge shall Issue wal
rant commanding and directing tn
officer to hold the property so seize
In his possession until discharged b
due process Of law. and such propert
shall be held in like manner as II tn
seizure had been made under a wal
rant therefor.
Landlords Liable.
Sec. II. It shall be unlawful for tn
owner or owners of any real estate
building, structure. or room to ust
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