Gilpin observer., 1912-10-10

premises described in said affidavit
and there diligently make search for
davit. and that you bring the same. or
any part thereof found IN such search;
op des wh to he a%
Given under my hand this.
day Of. ....A. d. 19l...
Justice Of the Peace.
Sec. 4. II fluids are poured out or
where the premises are to be searched
and such destruction is manifestly for
the Pnrpofssni of preventing their ssz
dence of such destruction shall be pri-
ma facie proof that intoxicating IL
quors were kept at such place in vio-
Sec s. When liquors or implements
are seized as provided in this Act. the
his return upon the warrant make a
statement setting forth their seizure by
him him and and, their place Of detention. and
ject to the order of the court. If a
prosecution for any offense shall be
seizure. upon the final Judgment of the
court, such Intoxicating liquors or i'm
plements shall. upon acquittal, be re-
wise disposed of according to law.
When any liquors or implements
shall have been seized by virtue Of any
vided, same shall not be discharged or
returned to any person by reason of
scription in the affidavit or warrant
of either the liquor or place. or both.
but the claimant, shall be, entitled to
the affidavit provided for in Section 2
of this Act.
Sec. g. No warrant shall be issued
to search private residence occupied
as such unless 1T. or some part of 1t.
Is used as store. shop. hotel. boarding
house. club, or unless such residence
Is place of public resort
Sec. 4: 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 fnforma-
tion and assistance to such officer in
searching any such place as therein de-
scribed.
Sec. 8. II no one is found in pos
session of the premises where such liz
quors may be found. the officer taking
the same shall post in conspicuous
place on said building or premises a
| 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 which
such liquors are kept and the notice
| be posted upon the building or prem :
| ises where the liquors were found. III
at the time fixed for the hearing no
person shall appear. nor within thirty
days thereafter no one appears to
ella I'm such liquors or implements, the
| Judge or justice shall order same de-
stroyed.
Sec. .. The payment of the United
States Special Tax as a retail dealer
In intoxicating liquors. except by regu-
lar druggists. or notice or sign or any
| Kind on or about any place indicating
that Intoxicating liquors are sold, kept
| for sale or given away in violation of
| facie evidence that the person or per-
sons paying said tax and the party or
are violating the laws prohibiting the
, sale, use. exchange, or giving 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 bona fide residence. shall
be prima facie evidence that such Ii
quors are kept in violation of law.
Sec. 10. In case warrant Is d.
ree,ed .,d0. to an an, officer, as In this Act Act
within the building. or shall be refused
entrance. ana such building shall be
one as under this Act may be searched,
proceed the same as II the building
were occupied. using such force as may
be necessary to effect entrance: 1,dn ZEE, =.
| filed and no indictment found by a
| Grand Jury for q prosecution of any of
proeeednss eHnsss pnaer shis m Aes Shall
| sufficient and give the court Jurisdic-
! tion OF the case.
Sec. IL. No petition or assignment OF
error shall be filed in any court to re-
verse any conviction for violation as
aforesaid of said statutes or statute OF
this state. or TO reverse any Judgm meht
| Leave granted by the Reviewing Court,
and no such Leave shall be granted ex-
| cept for good cause shown at hearing
of which the complainant in the orig
inal case shall have notice and be en-
titled 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
| by the Reviewing Court within thirty
days after such filing; but nothing in
this section shall be construed to con-
fer any right of review In such cases
Sec. 49, Any officer refusing to
xs, ana Tans or as fe
knowledge or receive Information that
to law, shafl upon conviction be fined
n sum not less than $25.00 and not more
than $4,000. or Imprisonment not less
than ten nor more than SIXTY days. or
both. and such conviction shall be q
sufficient ground { his removal from
Office Hnn ssheriff se iaw deputy sheriff
or constable, Ii he has personal infor-
nation that Intoxicating liquors are
kent with intention to sell, barter use
or give away the same In violation of
| any law of the State. in any public
place, except a dwelling house. when
such dwelling house is not place of
public resort, shall search such suspect
| ed place without warrant and with
out any affidavit being filed and shall
| and any person or persons In charge
| and shall return them to the court to
which he is amenable and proceedings
been issued.
Sec. Is. Liquors and implements that
are seized by virtue of this Act shall
| not be taken from the custody of the
officer by any writ OF replevin or by
any other process while the proceed,
| lngs under this Act are pending, and
| the final Judgment on conviction In
| proceedings under this Act shall in all
cases be bar to all suits for the re-
covery of any liquors seized or the