The Monte Vista journal., 1912-10-19

10y me oitense in relation thereto
cause to believe, has been commit 90
ana the affiant shall also aver that h.
pen, or has good cause to believe
| that intoxicating liquors are there CON
eealed. The warrant shall have n COW
OF the affidavit annexed thereto. ''
l., me warrant shall be substantially
State of Colorado.
THE PEOPLE OF THE STATE or
TWUha epeas fSeT TO 10: io ;GRRiEETING
me undersigned an affidavit OF which
the following is a copy: ''''
eSSiadere insert or attach the copy OF
This Will therefore command vou "a,
me name of the People of the State Of
oo a together with the necessary
nra Risoper assistance to enter into the
ana there diligently make search for
the Intoxicating liquors and imple-
a ments described in the attached affl-
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.
| GlVen under my hand this
uas oi'''.... "A. ID. 49,.
| 1udoa =: ~ '.'''..... ...........
Justice of 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 seiz-
| ure by officers under this Act. evi
dence of such destruction shall be pri-
ma facie proof that Intoxicating IL
quors were kept at such place in yio
| lation of the law.
Sec. s. When liquors or Implements
are seized as provided in this Act the
officer who made such seizure shall in
ms return upon the warrant make a
statement setting forth their seizure by
MN and their place of detention, and
| held nff g,,I,
Ject to the order OF the court II
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-
vided. same shall not be discharged or
returned to any person by reason of
any alleged insufficiency of the de-
scription In the affidavit or warrant
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
house. club, or unless such residence
is place of public resort.
Sec. Z. The person making affidavit
upon which a warrant is issued may
! personally accompany the officer who
Eserves 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. s. If no one is found In pos
session of the premises where such IL
I 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 tqr when
of such hearing, giving its date, shall
, be posted upon the building or prem
| ises 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 10
claim such liquors or implements. the
! judge or justice shall order same de-
stroyed.
Sec. 8. 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
| that Intoxicating liquors are solo, KEEP
for sale or given away IN VIOLATION oi
| facie evidence that the person or per
sons paying said tax and the party or
parties displaying such notiGe or s ,Sn
| are violating the laws prohibiting the
sale, use exchange. or giving away or
i intoxicating liquors.
The keeping of intoxicating liquors
| in any room or building, or any other
| place except regular licensed drug
| store or in bona tide residence, shail
| be prima facie evidence that such IL
! Quors are kept in violation OF law. !,
| Sec. 10. In case IA warrant Is az.
rected to an officer, as IN this Act
| provided and he shall find no one
| within the building, or shall be refused
one as under this Act may be searched,
the officer may effect entrance ana
proceed the same as II the building
were occupied, using suGh t iorGe "S mag
sec. II. No Information hee1 De
! filed and no indictment FOUND Dy
Grand Jury for prosecutor s "a ,a"y rbe
proceedings under this Act shall be
| sufficient and give the court JurISuic-
'iSh % - No petition or assignment of
error shall be filed In any court to re-
| verse any conviction Tor Nlolhtlon ~
! aforesaid of said statutes or sthiuI o.
| this State, or to reverse any yuugthen.
/ affIrmInp such conviction, except py
| Leave granted by the ReYlewlng Court
and no such Leave shall be Erhiiteu ~
cent for good cause shown at nearing
| or which the complainant IN the orig
| InnI case shall have notice ana pc gu
| titiad to he present. Such petition or
oasesiSnment OF error must be filed with
such Reviewing Court not more .nnh
! thirty days after the judgment CON-
/ .Iainyod of and the case shall be hearh
by the Reviewing. Court within thlrty
! J2ys after such flling. but nothing ln
| ~, sectIon shall be construed TO con-
thI' -, ritsbt of review In Buch cnheb
in addition to the rights now given by
| law. 49,, .sriccr refusing to
see iSy,yarrant as provided In this
| Nrt and falling or refusing to ne an
/ ~ ,as,i, xyheneyer he snail nave