The Monte Vista journal., 1912-11-02

cealed. The warrant shall have n con,,
OIL the AFFIDAVIT annexed thereto
t., me warrant shall be substantially
County te of 'i Colorado
THE PEOPLE OF THE s. STATE OF
TWTbL spaas tSo TO ,s:.;..GREETING:
me Undersigned an affidavit Of which
the following is copy: ''''
eStiI5ere insert or attach the copy OF
| This Will therefore command vo,, e.,
me name of the People of the STATE of
CoIorado, together with the necessary
premises described in said affidayi,
ana there diligently make search for
the intoxicating liquors and imple-
5ii described in the attached affi-
| daVlt, and that you bring the same. or
any part thereof found in such search
forthwith before me to be disposed of
or deaIt with according to the law.
Given under my hand this. ...
uaS Oh. .....A. ID. 19l...
Judge Of the ''''..''''.. :........
justice Of OFT the Peace Court or
Sec. 4. If fluids are poured out or
| otherwise destroyed by any person
where the premises are to be searched,
| the purpose of preventing their SELF
ure by Officers under this Act. evi-
dence of such destruction shall be pri-
ma facie proof that Intoxicating IL
quors We're kept at such place in yio
| lation of the 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
statement setting forth their seizure by
| him and their place of detention ana
they shall be held by such officer sub
Ject to the order of the court. If
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
PIGMENTS shall, upon acquittal, be re-
turned to their lawful owner or other
wise disposed of according to law.
When any liquors or implements
shall have been seized by virtue of any
warrant or process in this Act pro-
Vlded, same shall not be discharged or
returned to any person by reason of
any alleged insufficency Of the de-
scription in the affidavit 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. 6. No warrant shall be issued
] to search a 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 Z; 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 tnforma-
! 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
! 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 ana
determining the purpose for which
| such liquors are kept and the notice
/ of such hearing, giving It's date. shall
! be posted upon the building or prem
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. 3. The payment of the United
States Special Tax as retail dealer
in intoxicating liquors, except by regu-
| lar druggists, or notice or sign oil any
I kline. on or about any place indicating
that Intoxicating liquors are sold, kept
for sale or given away IN violation OF
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
sale use, exchange. or giving away or
Intoxicating liquors.
The keeping of intoxicating liquors
in any room or building, or any other
place except a regular licensed uruS
be prima facie evidence that such IL
quors are kept in violation OF law. a
Sec. 10. In case "A warrant is 81.
rected to an officer as In thls ACT
provided. and he shall find no one
within the building, or shall be refused
entrance, and such building shall DE
one as under this Act may be seafcheu,
the officer may effect entrance ana
proceed the same as IL the building
were occupied using such force as may
be necessary to effect entrance.
Sec H. No Information heed De
filed and no indictment found by
Grand Jury for prosecution OF any on
the offenses provided IN TINS Act. ne
proceedings under this Act shall be
sufficient and give the court JHrisdle-
tlon of the case. ,.. -,
error shall be filed In any court to re-
verse any conviction for violation as
aforesaid of said statytes or statute OF
this state, or TO reverse uhE JUS uu6 ,,
Leave granted by the Reviewing Court
and no such Leave shhll be grhnleu OK
cept for good cause shown az "a ~, nea lille LIE
Inal case shall have notice ana pc ON
titled to be present. Such peution or
assignment Of error must pc llleu Win
such Reviewing Court not more than
thirty days after the judgment com
ninined of and the case shall be heard
bv The Reviewing Court within thirty
d1ys after such filing; but nothing IN
this section shall be construed 10 con-
49, INV right of review In such cases
in addition to the rights now given by
law, - ,,,.., r,r,,st,s, 70
serve a warrant as PROVIDED ln TINS
Act and falling or refusing TO flle an
aSfidovit whenever he shall have
$3.50 doc or receive Information that
hhity"tr,tinp liquors are kept cont rnrr
Inl tt-I.,,LI ..nnnn rnu uIDILnm Ln fImnM