The Monte Vista journal. (Monte Vista, Rio Grande County, Colo.) 1888-1921, 1912-10-26

cealed. The warrant shall ba mere CON
OF the affidavit annexed thereto P'
in me ne warrant shall he substantially
~ state of Colorado,
THE PEOPLE OF THE STATE or
Wh whereas t6er re ib, os: ia. ;,GRREETING:
me Undersigned an affidavit of wbich
the following is a copy:
,Si55ere insert or attach the copy OF
-. This will therefore command Won IN
me me name of the People of the State Of
o od together with the necessary
! ana proper assistance, to enter into tbo
premises described In said affidayit
ana there diligently make search for
t rDe, intoxicating liquors and lmple-
oavit, and that you bring the same. or
any part thereof found in such search
forthwith before me to be disposed OF
UT uealt with according to the law.
Given under my hand this.
nay oi.''''''''..... a. ID. 49,.
| 1udo : ...................
justice c Of the Peace Court or
Sec. 4. If fluids are poured ont or
otherwise destroyed by any person
where the premises are to be searched,
the purpose of preventing their SELF
ure by officers under this Act. evil
dence of such destruction shall be pri-
ma facie proof that Intoxicating IL
quors We're kept at such place i'm vio-
lation of the law.
Sec. S. When liquors or Implements
| are seized as provided in this Act the
officer who made such seizure shall in
his return upon the warrant make a
statement setting forth their seizure by
nm nm ana ana their place of detention, and
they snail be held by such officer sub
Ject to the order of the court If a
prosecution for any offense shall be
made under this act. after search and
seizure, upon the final judgment of the
court, such Intoxicating liquors or inn
PIGMENTS shall, upon acquittal, be re-
turned to their lawful owner or other
wise disposed of according to law
When any liquors or implements
snail have been seized by virtue of any
warrant or process in this Act pro-
Vlded, same shall not be discharged or
returned to any person by reason of
any alleged insufficiency of the de-
scription in the affidavit or warrant
but the claimant shall be entitled to
| nearing when the case is tried upon
the affidavit provided for in Section 2
of this Act.
See. 6. No warrant shall be issued
to search a private residence occupied
as such unless it, or some part of 1t,
Is used as a store, shop, hotel, boarding
house, club, or unless such residence
Is place of public resort.
Sec. I; The person making affidavit
| upon which warrant is issued may
| personally accompany the officer who
serves the warrant and enter the place
with such officer and give informa-
| ton and assistance to such officer In
searching any such place as therein de-
| scribed.
Sec. s. If no one is found in pos
session of the premises where such IL
quorS may be found, the officer taking
the same shall post in Il conspicuous
place on said building or premises a
copy Of his warrant and take posses
sion of such liquors and vessels con-
! tanning the same and hold them sub
ject to the order of the court issuing
the warrant and shall make return of
his doings thereon.
1t shall be the duty of the court to
fix the time, not earlier than ten days
from date Of search. for hearing and
determining the purpose for when
| such liquors are kept and the notice
of such hearing, giving its date, shall
be posted upon the building or prem
ises where the liquors were found. II
at the time fixed for the hearing no
person shall appear, nor within thirty
| days thereafter no one appears TO
claim such liquors or implements, the
judge or justice shall order same de-
stroyed.
Sec. 3. The payment of the, United
| States Special Tax as a retail dealer
in Intoxicating liquors, except by reBu-
lar druggists. or notice or sign OF any
kind on or about any place lhdlcatl my
that intoxicating liquors are SOFA, KEEP
for sale or given away In violation OF
any statute, shall be held to be prlmb
| facie evidence that the person or per
sons paying said tax and the party or
parties displaying such notice or sign
are violating the laws prohibiting tnS
| sale, use. exchange, or giving away Vi
intoxicating liquors.
The keeping OF intoxicating liquors
in any room or building, or any othei
place except regular llcShseu uruS
store or in bona Tide residence sh9il
be prima facie evidence thal such IL
quors are kept In violation oil law. \,
Sec. 10. In case warrant Is az
rected to an officer as Ina ~ 'n ms one one
| within the building, or shall De re- useH
entrance, and such building snali DC
one as under this Act may De heAFcheui
the officer may effect entrance ana
| proceed the same as II the bullulns
were occupied, using such force rs 'noS
be necessary to effect entrance, ~.
| Sec IL No Information htcu DC
! filed and no indictment touhd by
Grand Jury for u prosecution o. my ~, "a
| the offenses provided IN lhls ~, hs
| proceedings under this Act shall ue
Sufficient and give the court Jurisdie-
ton of the case. ...t..,,,,,,,,, of
error shall be filed IN any CoIJlattIo1 as
verse any conviction for VOCATION ~
! Aforesaid OF said statutes or slaiulc ~
! this state, or to reverse any Juus mn" ~.
affirming such eonVlglloh, .,uTt
| Leave granted by the Reviewing SpuIT
| and no such Leave shall be gIhnteu ~
cept FOR good cause shown AZ hua il,i,,se
| of which the complainant III ", 80
tnoi rnao shall have notice ana PC GU
ma I'M as ,n he present. Such petition or
assignment OF error must De tlitu Mitt
such Reviewing c2 'hr innpd nay mtTi com.
nnh ittry ~ and the case shall be hehIu
by 'th The Reviewing Court within tm.r{ig ~
DAYS after such filing; PVT n3th tn son n"
| thls 81 ri,5bI OF review In such cases
in addition to the rights now given oy
| law. fftrcr rofualuE to
sec 40. .,,rrnnt as provided IN TINS
s SCI, ana falling or refusing to file an
Hffidavit whenever be ,,r, shIIi, T t6st
! knoN tt,,ilnp liduorB are kept contrary
w. 'Psty snail upon CONVICTION pc tln. ,l