The daily sentinel., 1912-10-17

liquors ana implements described In the
attached affidavit, and that you bring the
same. or any part thereof found In such
search, forthwith before me to be dis
posed Of or dealt with according to the
law
Given under my hand this..........d day
9l -s'-.. ........,.A. ID. 1el
Judge OF the ..--,..-...-.. Court. or Jus
tice Of the Peace.
Sec. (. II fluids are poured out or 9TH
erwlse DESTROYED by any person where the
premises are 20 he searched and such de
struetion Is manlfestlv for the purpose OF
preventing their seizure nv officers under
nus Act evidence Of such destruction shall
he primn facle proof that intoxicating H.
4 Of the law.
Sec. .. When liquors or implements are
seized as provided In this Act, the off.
Ger who made such seizure shall in his
return upou the warrant make n state
ment setting forth their seizure by him
and their place OF detention. and they
shall he held by such officer subject TO
for any offensc shall be made under this
nct. after search and seizure, upon the
final Judgment Of the court. such intox.
| lcatlng liquors or implements shall. upon
ncqulttal. be returned to their l1wfrl own
law, '"'' "'0' u'''''s' "eF''' ~
When any liquors or Implements shall
have been seized bv virtue OF rny war.
rant or process In this Act provided. samo
shall NOT be discharged or rsturrot I
any person nv reason Of Hnv alleged In.
risavit or warrant of either tho Honor
or place. or both. hut the claimant shall
be entitled 70 . hearing when the case
| Is tried upon the affidavit provided for
| In Section of this Act.
Sec. 6. No warrant shall he issned to
search private residence occupied as
such unless 1t. or some part OF
Ing house. club. or unless such residence
is place NJ puhlc resort.
sec The nerson making affidavit
upon which n warrant Is issued may per-
snnaliT accompany the officer who serves
the warrant and enter the place with such
officer and give information md assistance
to snch officer In searching any such place
| as therein described
Sec. 8 n no one "a found In nos
session OF tho premises where such liduors
may be found. the officer taking the same
shall post in n conspicuous place said
building or premises q COPY of his war
rant and take possession OF such li1uo-s
and vessels containing the same and hold
them subject to the order NJ the court
turn OF his doings there on,
It shall he the duty NJ the court To fix
the time, not earlier than ten davs from
date of search. for hearing and deter
quors are kept and the notice Of sHch
hearing, giving Its date, shall he posted
upon the building or rremises where the
liquors were found. II Mt the time fixed
for the hearing no person shall appear, nor
within thirty days thereafter no one np-
| pears to claim such LIQUORS or Implements,
| the Judge or justice shall order same de-
| stroyed.
Sec. Q. The payment OF the United
States Special Tax as retail dealer In
Intoxicating liqnors, except by regular
on or about any place Indicating that in.
toxicating liquors are sold, kept for sale
or given away In violation of any statute.
| the person or persons paying said tax and
the party or parties displaying such no.
tise or sign are violating the laws pro.
Ing away Of intoxicating liquors.
The keeping Of Intoxicating liquors In
any room or building, or any other place
except regular licensed drug. store or In
a bona fide residence, shall be prma
| facie evidence that such liquors are kept
| In violation Of law.
Sec 10. In case a warfant is directed
to an officer, as In this kct p>ovided, and
or shall be refused entrance. and such
building shall be ore as under this Act
may be searched. the officer may effect
entrance and proceed the same II the
building were occupied. using such force
as may be necessary to effect entrance.
Sec. IL. No information need be filed
and no Indictment found by Grand Jury
for a prosecution OF any OF the orfenses
provided in this Act. The proceedings
under this Act shall be sufficient and give
the court Jurisdiction of the case.
| ror shall be filed in any court to reverse
any conviction for violation as aforsaid OF
said statutes or statute OF this State. or
TO reverse any judgment affirming such
conviction, except by Leave granted by
the Reviewing Court, and such Leave
shall be granted except for good cause
shown at a hearing OF which the com
plaInant In the original case shall have
notice and be entitled to be present. Such
petition or assignment Of error must be
filed with such Reviewing Court not more
than thirty days after the Judgment com
planned OF and the case shall be heard
days after such filing; but nothing In this
section shall be construed to confer any
right Of review in such cases In addition
to the rights now given by law.
Sec. II. Any officer refusing to serve q
warrant as provided In this Act and fall
ing or refusing to file an affidavit when
ever he shall have knowledge or receive
information that Intoxicating liquors sre
tkept contrary to law. shall upon convic-
tion he fined sum not loss thnn s2s m
and not more thnn $500 90 or imprison.
ment not less than ten more than
sixty days or both, and such conviction
nj from office, according to law.
Sec IA. ANY sheriff. deputy sheriff or
constable. II he has personal information
\ that Intoxicating liuuors are kept with in.
tention to sell, barter, use or give away
the same In violation of any law of the
state In any public place. except q
dwelling house. when such dwelling honse
search such suspected place without a
warrant and without any affidavit being
| filed and shall seize any such liquor or
indictments and ~ person persons in
| charge and shall return them to the cour,
| TO which he is amenable and proceed
| incs shall then be had as II warrant
lhnd been issued
| Sec 10 Liquors and implements that
are seized by virtue OF this Act shall not
be taken from the custody. OF the off
~ rAra1A In hv
| other process while the proceedings un-
der this Act are pending. and the final
der this Act shall In all cases he bar
10 all suits for the recovery of any liquors
seized or the value OF same, or for dam
ages alleged to arise by reason Of the
seiziuc and detention thereof.
Sec 16 The legislative authorities Of a
| Municipality, City Commissioners, City
4 1-znn,fig ~ cItIes cities and counties.