Gilpin observer., 1912-10-24


any part thereof found In such search,
forthwith before me to be disposed OF
Gwen se under e anr9fH my Sand Il this, sne .aw
day off,. A. ID. 191...
Judge Observation-Disclosures Of the. Court or
Justice Of the Peace. - y
Sec. 4. II fluids are poured out or
otherwiss iSs destroyed by any person
and such destruction is manifestly for
the purpose of preventing their seiz-
desce e % Of SUCH destruction sSaii f be- eyi- eyi-
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
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 the final judgment of the
court. such Intoxicating liquors or i'm
plements shall. upon acquittal, be re-
turned to their lawful owner or other
When any liquors or implements
shall have been seized by virtue of any
warrant or process In this Act pro-
returned to any person by reason of
any alleged insufficiency of the de.
scrlptlon In the affidavlt or warrant
of either the liquor or place. or both.
but the claimant shall be entitled to a
hearing when the case Is tried upon
the affidavit provided for in Section 2
Sec. 8. No warrant shall be issued
to search private residence occupied
is used as a store. shop. hotel. boarding
house. club. or unless such residence
sac place of public resort n,n
upon which a warrant Is issued may
personally accompany the officer who
serves the warrant and enter the place
tion and assistance to such officer in
searching any such place as therein de-
Sec. 8. If no one is found in pos
session of the premises where such IL
quors may be found. the officer taking
place on said building or premises a
copy of his warrant and take possess
sion OF such liquors and vessels con-
tanning the same and hold them sub
tect to the order of the court issuing
the warrant and shall make return of
1t shall be the duty of the court to
fix the time. not earlier than ten days
from date of search. for hearing and
such liquors are kept and the notice
of such hearing. giving its date. shall
be posted upon the building or prem :
fses where the liquors were found. II
at the time fixed for the hearing no
person shall appear. nor within thirty
days thereafter no one appears TO
judge or justice shall order same de-
stroyed.
Sec. Q. The payment of the United
States Special Tax as retail dealer
In intoxicating liquors. except by regu-
lar druggists. or notice or sign OF any
kind on or about any place indicating
for sale or given away in violation of
| any statute, shall be held to be prima
facie evidence that the person or per-
N - N q n IN nd n
parties displaying such notice or sign
are violating the laws prohibiting the
i 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
be prima facie evidence that such IL
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
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
the offenses provided in this Act. The
proceedings under this Act shall be
sufficient and give the court 5urisdic-
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
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
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-
In addition to the rights now given by
law.
Sec. 1s. Any officer refusing to
Act and failing or refusing to file an
affidavit whenever he shall have
intoxicating liquors are kept contrary
a sum not less than $25.0o and not more
than ten nor more than sixty days. or
both, and such conviction shall be
sufficient ground f'c his removal from
Sec. H.. Any sheriff. deputy sheriff
or constable. II he has personal infor-
nation that int;Exicating Liquors are
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 a 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 nmenable and proceedings
shall then be had as II warrant had
been Issued.
Sec. l5. Liquors and implements that
ad hU irf nf Ip Act chn1
not be taken IRON the custody OF the
officer by any writ Rf replevin or BY
ings under this Act are pending. and
the final Judgment on conviction In
cases be a 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. 10. The legislative authorities
of n Municipality, City Commissioners,
City Councils OF cities or cities and
counties, and Boards OF Trustees OF In
4. t.s.