The Elbert County tribune., 1912-10-18

| the Intoxicating liquors and imple-
ments described in the attached affi-
% any part T therso} @ found rin in sue such sa search
forthwith before me 10 be disposed Of
or dealt with according to the law.
Given under my hand this. .........
day OF. ....-...........A. A. d. 191..
Judge OF the. Court. or
Justice of the Peace.
Sec; 4: If fluids are poured out or
and such destruction Is manifestly for
the purpose of preventing their seiz-
dence OF such destruction shall be pri-
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
statement setting forth their seizure by
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
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
| 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
See 6. No warrant shall be issued
to search private residence occupied
as such unless it. or some part Of It..
is used as a store. shop, hotel, boarding
| Is place of public resort.
Sec. Z. The person making affidavit
Va a "a "a n n q
personally accompany the officer who
serves the warrant and enter the place
with such officer and give lnforma-
| tion and assistance to such officer In
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 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
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 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
|
claim such liquors implements. the
| Judge or Justice shall order same de-
| stroyed.
Sec. o. The payment of the United
States Special Tax as a retail dealer
in Intoxicating liquors. except ~ regu-
lar druggists, or notice or sign OF any
| kind on or about any place indicating
that Intoxicating liquors are sold, kept
for sale or given away in violation OF
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 regular licensed drug
| store or in bona fide residence, shall
be primo faeie evidence ,eIst,on that sue sueh IL
| Sec. 10. In case warrant is d.
rected to an officer, as n this Act Act
within the building. or shall be refused
| entrance. and such building shall be
one as under this Act may be searched
proceed the same as IL the building
were occupied. using such force as may
| Sec H. No Information need be
filed and no Indictment found by q
Grand Jury for a prosecution of any OF
the offenses provided in this Act The
proceedings under this Act shall be
sufficient and give the court jurisdic-
tion OF the case.
=
error shall be filed in any court to re-
verse any conviction for violation as
| aforesaid of said statutes or statute oi
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-
assignment of error must be filed with
such Reviewing Court not more than
thirty days after the judgment nj hsa com n
/ 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
law.
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
to law. shall upon conyictio1 be 1lned
than $4,000, or imprisonment not less
than ten nor more than sixty days, or
both. and such conviction shall be a
office. according to law.
Sec. IA. Any sheriff. deputy sheriff
nation that Intoxicating. liquors are
kent with intention to sell. barter, use
or give away the same In violation oi
place, except a dwelling house. when
such dwelling house is not place OF
public resort, shall search such suspect
| ed place without>a warrant and with
| out any affidavit being filed and shall
seize any such liquor or Implement
and any person or persons In charge
and shall return them to the court Ia
| which he is nmenable and proceedings
shall then be had as If warrant had
been Issued.
Sec 15 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 selling and
detention thereof.