The Elbert County tribune., 1912-10-25

premises described In said affidavit
the intoxicating liquors and impie-
ments described in the attached affi-
davit. and that you bring the same. or
forthwith before me to be disposed of
or dealt with according TO the law
Given under my hand this. .....-..
day OF. ----....-....-A "A ID. 49,.
............... ...-...-.........
Judge OF the .;,.........c Court. or
Sec. 4. II fluids are poured out or
otherwise destroyed by any person
and such destruction is manifestiy Tor
the purpose of preventing their SELF
ure by officers under this Act, evi-
ma facie proof that Intoxicating Ii
quors were kept at such place In vio-
Sec. s. When liquors CT implements
are seized as provided in this Act. the
officer who made such seizure shall in
statement setting forth their seizure by
him and their place of detention. and
they shall be held by such officer sub
prosecution for any offense shall be
| made under this act. after search and
seizure, upon tho final Judgment of the
court such intoxicating liquors or inn
PIGMENTS shall. upon acquittal. be re-
turned w,l d,se to their lawful owner or other
| 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
any alleged insuffieiency OF the de.
OF either the liquor or place. or both.
but the claimant shall be entitled to n
hearing when the case is tried upon
the affidavit provided for in Section 2
Sec. 6, No warrant shall be issued
! to search a private residence occupied
l as such unless II, or some part of 1t.
Is used as store. shop. hotel. boarding
is a place % Of public resort. % e'
Sec. Z. The person making affidavit
upon which a warrant is Issued may
personally accompany the officer who
serves the warrant and enter the place
with such officer and give informa-
| tion 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 a 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
| 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
of fe such ha hearinr @ eiyfne % ats it's date. shall shall
| be posted upon the building or prem
| ises where the liquors were found. If
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. .. The payment of the United
| states Special Tax as a retail dealer
in Intoxicating liquors, except by regu-
| lar druggists, or notice or sign OF any
| kind on-or abont-any place indicating
that Intoxicating liquors are sold, kept
"a lriV a n n
| any statute, shall be held to be prima
facie evidence that the person or per-
parties displaying such notice or sign
| 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 a regular licensed drug
quors are kept in violation of law.
Sec; 10. In case warrant Is al.
provided, and he shall find no one
| within the building, or shall be refused
entrance, and such building shall be
| the officer may effect entrance and
proceed the same as II the building
be necessary to effect entrance.
Sec. II. No Information need be
filed and no indictment found by a
Grand Jury for prosecution OF any OF
| the offenses provided in this Act. The
| proceedings under this Act shall be
! sufficient and give the court 1urisdic-
! 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 judgment
| affirming such conviction, except by
| Leave granted by the Reviewing Court.
| and no such Leave shall be granted ex-
| Cept for good cause shown at a 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
plained of and the case shan be heard
| by the Reviewing Court within thirty
days after such filing: but nothing in
| this sect ion shall be construed to con-
| fer any right of review in such cases
In addition to the rights now given by
Sec. 49, Any officer refusing to
serve a warrant as provided in this
Act and failing or refusing to file an
knowledge or receive information that
Intoxicating liquors are kept contrary
a sum not less than $500 and not more
| than $4,000, or imprisonment not less
than ten nor more than sixty days, or
| both, and such conviction shall be a
sufficient ground for his removal from
Sec. "A. Any sheriff. 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 dwelling house. when
| such dwelling house is not place Of
| public resort, shall search such suspect
ed place without a warrant and with
out any affidavit being filed and shall
seize any such liquor or implements
and any person or persons in charge
and shall return them to the court to
which he is nmenable and proceedings
shall then be had as IL warrant had
been issued.
Sec To- Liquors and implements that
not be taken from the custody of the
officer by any writ of repleyin or by
any other process while the proceed
| ings under this Act are pending. and
the final judgment on conviction in
proceedings under this Act shall In all