Gilpin observer., 1912-10-17

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. d. 191...
Judge Of tho e.................c Court, or
Justice Of the Peace.
otherwise destroyed by any person
where the premises are to be searched
the purpose of preventing their seiz-
ure by Officers under this Act, evil
dence of such destruction shall be pri-
ma facie proof that Intoxicating IL
quors were. kept at such place in vio-
lation of tile law.
Sec. 5. When liquors or implements
are seized as provided in this Act, the
officer who made such seizure shall in
his return upon the warrant make a
him and their place of detention, and
they shall be held by such officer sub
ject to the order of the court, II a
prosecution for any offense shall be
made under this act, after search and
seizure. upon the final judgment of the
court such Intoxicating liquors or i'm
turned to their lawful owner or other
wise disposed of according to law.
shall have % Been iad1 saeSe1 by % virtue Of any
warrant process in this Act pro-
vided. same shall not be discharged or
any alleged insufficiency of the de-
scription in the affidavit or warrant,
of either the liquor or place. or both.
but the claimant shall be entitled to
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
as such unless 1t. or some part OF 1t.
is used as a store. shop. hotel, boarding
is a place OF public resort.
Sec. Z; The person making affidavit
TnF u, tnl, To- iao Vnn y
personally accompany the officer who
serves the warrant and enter the place
with such officer and. give informa-
ton 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 Ii
quors may be found. the officer taking
the same shall post in 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
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
of such hearing. giving its date. 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.
kind on or about any PLACE Indicating
that intoxicating liquors are sold, kept
any statute, shall be held to be prlma
facie evidence that the person or per-
sons. paying said tax and the party or
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
store or In bona fide residence. shall
quors are kept in Violation OF law.
Sec; 10. In case warrant is al.
,1 reeted to an ana Officer ha as ina In this Ae. act
within the building. or shall be refused
entrance. and such building shall be
one as under this Act may be searched,
the officer may effect entrance and
proceed the same as IL the building
were occupied. using such force as may
be necessary TO effect entrance: =.
filed and no Indictment found by a
Grand Jury for a prosecution of any OF
proceedinss ae ettH paed pnaer this @ Aes % Shall be
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 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 hearing
of which the complainant in the orig
inal case shall have notice and be en-
titled to be present Such petition or
such Reviewing Court not more than
thirty days after the judgment COM
planned OF and the case shall be heard
days after such filling; but nothing in
this section shall be construed to con-
fer any right of review In such cases
In addition to the rights now given by
law.
Sec. 10: Amy officer refusing TO
affidavit whenever he shall have
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
both, and such conviction shall be
sufficient ground ffr his removal from
office. according to law.
or Constable. IL he has personal infor2
mation that intoxicating liquors are
kent with intention to sell. barter. use
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
seize any such liquor or implements
and any person or persons In charge
and shall return them to the court to
which he Is amenable and proceedings
shall then be had as II warrant had
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
ings under this Act are pending, and
the final Judgment ON conviction In
proceedings under this Act shall in all
cases be a bar to all suits for the re-
covery OF any liquors seized or the
value of same. or for damages alleged
to arise by reason of the seizing and
detention thereof
Sec. 10. The legislative authorities
of Municipality. City Commissioners,
City Councils OF cities or cities and
connties and Roards of Trustees of In