The Monte Vista journal., 1912-10-19

or constable, II he has personal lnfor-
nation that intoxicating Iiauors are
Kent with Intention to sell barter use
or give away the same In violation of
my MY law OF the state, in any public
place. except dwelling house. when
sucn dwelling house is not n place of
public resort. shall search such suspect
ed place without warrant and With
out any affidavit being filed and shall
seize any such liquor or implements
ana any person or persons In charge
and shau return them to the court TO
which he is amenable and proceedings
shall then be had as II a warrant had
been issued.
Sec, t. Liquors and implements that
not be taken from the custody of the
officer by any writ OF replevin or by
any other process while the proceed
ings under this Act are pending. and
the flnal judgment on conviction in
proceedings under this Act shall in ali
cases be n bar to all suits for the re-
coyery of any liquors seized or the
TO arise by reason of the Selling and
detention thereof.
Sec; l6. The legislative authorities
Of a Municipality. City Commissioners.
counties, and Boards of Trustees of in
corporated towns may by resolut ion
provide for the destruction of any in
toXicating liquors illegally kept with
In said town, and such commissions,
boards and councils are hereby author
ized to use and appropriate any part
of the funds collected for the viola
tion of any law prohibiting the sale.
barter, use or giving away of intoxi-
eating liquors in this state. for the
hiring of detectives or other officers
to secure the enforcement of any such
laws.
Sec. IT. Nothing In this act shall be
held to repeal, amend or in anywise
alter any law or ordinance now in
force In the state of Colorado reEulat-
ing or. prohibiting the sale. use barter
or giving away of intoxicating liquors.
Sec. IS. Any person resisting any
officer engaged in the performance OF
duties under this Act shall be guilty
of violating the provisions OF this Act
less than twenty-five nor more than
one hundred dollars for each offense
sec; 10. All the provisions of this
Act shall apply to the enforcement of
municipal ordinances and complaints
may be made before a Police Magis-
trate In like manner as before tho
judges named in this Act. but such
complaint, warrant, action and pro-
ceedings generally as are had before
the Police Magistrate shall apply only
to the enforcement of municipal ordl-
nances and to the search and seizure
of liquors, which are held, kept. used
or sold, exchanged, or given away in
violation OF such ordinances and ali pa
pers and process shall be modified to
apply to the procedure before Police
Magistrates. This section shall also
apply to all cities existing under spe-
cial charters.
Sec 90 Any justice of the peace
or any Judge of any County Court. or
any Judge of any District Court in this
State with whom an affidavit Is filed
charging the violation as aforesaid of
said statute or statutes of this state
when the offense is alleged to have
been committed in the county or dis
trict. respectively, in which said Judge
or Justice of the peace is sitting. shall
have jurisdiction to try such case upon
affidavit, and In any case under this
Act 1t shall not be necessary. that any
Information be filed by any district at
torney or that an indictment shall be
found by u grand jury.
Sec. 81. All acts or parts of ac.s In
conflict with this Act are hereby re-
See. 90. The keeping of intoxicating
liquors for sale, barter, exchange or
giving away in violation of law, or the
sale, barter, exchange or giving away
of intoxicating liquors in violation of
law shall be deemed a violation of the
provisions of this act. Any person who
shall, by means Of search and seizure.
as herein provided, be found guilty of
violating any statute or statutes of the
State of Colorado prohibiting the sale.
barter, exchange or giving away of In
toNicating liquors. or the keeping of
intoxicating liquors for sale. barter.
exchange or giving away; or any per-
son who shall violate any of the pro-
visions of this act shall be fined
sum not less than 100000 nor more
than 100000 and Imprisonment In the
county jail not less than 90 days; or Tor
the second and every successive offense
any personIound guilty under this Act,
shall be deemed guilty of a felony and
shall be punished by Imprisonment In
the penitentiary not to exceed two
years and not less than one year, ana
the court before whom any such con
yiction may be had shall in every in
stance also order all the property
seized by the officer as aforesaid to
be publicly destroyed and the same
shall be destroyed publicly. Provided
that nothing in this act shall be con-
~ us ~ ~ i ~ rs tItnte
90, tt,,to ~ thn Stntc ~ Colorado
nroL fHitin,S mo s,tc bnrteriuV ex
ppboni,ing pr slivInS, ntvav of int5xIcat-