The Elbert County tribune., 1912-10-11

premises described in said affidavit
and there diligently make search for
ments described in the attached affi-
davit. and that you bring the same. or
any part thereof found IN such search.
forthwith before me to be disposed OF
or dealt with according to the law.
Given under my hand this. ........-
oay or "A II. lsi..
=, d. co,,.,
Justice of the Peace.
otherwise destroyed by any person
where the premises are to be searched
and such destruction is manifestly for
the purpose of preventing their seiz-
ure by officers under this Act, evi-
dence Of such destruction shall be pri-
ma facie proof that Intoxicating Ii
quors were kept at such place In vio-
lation of the law.
are seized provided in this Act. the
officer who made such seizure shall in
his return upon the warrant make n
| 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
seizure. upon the final Judgment of the
plements 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-
yided, same shall not be discharged or
returned to any person by reason of
any alleged insuffieiency 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
| of this Act.
Sec. 9. No warrant shall be issued
to search private residence occupied
as such unless 1t, or some part OF II.
is used as a store, shop, hotel, boarding
house, club. or unless such residence
Is a place OF public resort.
Sec. T. 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
scribed.
Sec. s. II 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 and
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
| 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 10
| claim such liquors or implements. the
| Judge or justice shall order same de-
stroyed.
Sec. 9. The payment of the United
| States Special Tax retail dealer
In intoxicating liquors. except by regu-
lar druggists. or notice or sign of any
kind on or about any place Indicating
that Intoxicating liquors are sold, KEPT
60 In ts, l.aln Tor, al
any statute, shall be held to be prima
| facie evidence that the person or per-
sons paying said tax and the party OF
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
prma facie ha Such
quors are kept In violation of law.
Sec; TO- In case warrant is di-
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. IL. 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 jurisdic-
| tion of the case.
Sec H. 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
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-
| 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
office, according to law,
Sec T. Any sheriff TIE dep15y sheriff iefnr
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 a place Of
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 amenable and proceedings
shall then be had as IL 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
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