The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1912-11-06

Section ,. II ii shan be made 4
appear TO the Mayor, as eX-offici
Police hdge that there is probable
cause 10 believe that liquor. the sal
Of which IS prohibited by the ordin
lances OF the City OF Guthrie. is be
ing manufactured, bartered, givei
away or otherwise furnished, or 70 il
being kept for the purpose of heinz
sold. bnrtered given away or other
wise furnished. IN violation Of The
ordinances OF the city OF Guthriel
such Mayor as eX.officio Police Judge
shall issue a warrant directed to IN,
Commissioner OF Public safety or e
any police officer of the city OF
Guthrie. commanding him to search
The premises described and designat
ed In such complaint and warrant
and to seize all such liquor then
found. together with the vessels in
which it is being kept and all i'm
piements furniture or fixtures used
or kept for such Manufacture, furn
ishing. selling, bartering, giving
away OF otherwise furnishing of such
liquor aud safely keen the same, and
to mako return OF said warrant with
in three days showing all acts and
things done hereunder, with a par
ticular statement OF all property and
thines seized OF the person or per-
SONS in whose possession the same
was found II any. and il no person
shall be found In possession Of said
property and things. his return shall
So stale A copy OF said warrant
shall ho served upon the person or
persons found in possession OF any
such lluor furniture or fixtures so
seized ana ii no person or persons
be found in possession thereof a COPY
Of said warrant shall he posted ON
the door of lhe building or room
wherein the same are found
Section g, Upon he return OF
such Warrant as provided in the
ueNt proceeding section, the Mayor
as cX XorHcio Police Judge shall fix
time not later than ten days nor
more Than thirty days thereafter for
hearing of said return, when he shall
proceed to hear and determine
whether or not me property and
things so seized or any part thereof,
We're used or in any manner kept
or possessed by any person within
this state with he intention OF yiO-
latins The ordinances 0f the cry OF
Guthrie or the laws of the state Of
Oalahoma At sach hearing any
person claiming any interest in any
OF The property or things seized, may
appear aud be heard upon filing Il
written plea Of Intervention, setting
forth particularly the character and
extent Of he claim, but upon such
hearing ihe sworn complaint or affi-
davit upon which the search warrant
was isgued, shall constitute prima
facia evidence Of he contrahand
character Of The property and things
seized and the burden shalt rest up-
on the complainant to show by com
petent evidence his property rights
or interest in the things claimed ana
that the same We're not used in vio-
latiOn OF the ordinances OF the CITY
Of Guthrie or the laws of the state
OF Oklahoma. ana was not in any
manner kept or possessed with such
intention IT, upon such hearing, no
person shall appear as claimant for
any Of the property and things
seized the Mayor as ex.onlclp Toiice
Judge SHAH therenpon enter iudg-
ment OF forfeiture in favor Of the
ity without requiring or receiving
any other evidence than that con
tanned in the sworn complaint or affi-
dayit upon which the search was
issued. # upon such hearing, any
person shall appear as claimant to
the property or things seized or any
portion thereof, the issue OF fact|
thus raised shall be tried in the
same manner as other proceedings
or the Police Court ana Judgment
shall thereupon be entered accord
ingly
Section 4 All liquors. property
and things seized under the proyis-
ions of this ordinance shall upon
being adjudlcaled forfeited 10 the
cry, ne loFth"llh destroyed oy 'he
oit'cer IN whose CUSTODY me same
at the time are: provided however
lildl j lh me oplhio. "i INC Mayor
such INrNltUre. OTOncrty and tHlngS. |