Gilpin observer., 1912-10-31

and there diligently make search for
the Intoxicating liquors and imple-
ments described In the attached affi-
any part thereof found in such search,
forthwith before ma to be disposed Of
sen ases undsr Mia @y Sana t. she law
day OF. ...............A. D. isi...
Observation-Disclosures, 1,ogs =; .tb;s ;,onr, =.
uys yasstiee Of the Peace. OF
BY ANY
and such destruction Is manifestly for
the purpose of preventing their seiz-
dence Of such destruction shall be i 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
officer who made such seizure shall in
statement setting forth their seizure by
him and their place of detention. and
eet to the DC order oy the cour
prosecution for any offense shall be
made under this act, after search and
court. such intoxicating liquors or Inn
plements shall, upon acquittal, be re-
turned d,oa to their lawful owner or other
When any liquors or implements
shall have been seized by virtue of any
vided. same shall not be discharged or
any alleged insufflciency of the de.
of either the liquor or place. or both.
but the claimant shall be entitled to a
hearing v when the case is t. tried LED Dup upon
see, ems 6: A'si No warrant shall be issued
as such unless 1t. or some part Of 1t,
Is used as a store. shop. hotel. boarding
house. club. or unless such residences
Sec. Z: The person making affidavit
upon which warrant is issued may
personally accompany the OFFICER Ice r.n who
with such officer and give informa-
tion and assistance to such officer In
searching any such place as therein de-
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 conspicuous
place on said building or premises a
@ SION of such s liquors ah and Vessels een
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
such liquors are kept and the notice
pDsea s date ar
ises where the liquors We're found. If
| 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. 9: The payment of the United
| States Special Tax as a retail dealer
in Intoxicating liquors. except by regu-
lar druggists. or notice or sign of any
thnt intoxicsftns liquors! are. aotd, kept
for sale or given away In violation Of
| any statute, shall be held to be prima
| facie evidence that the person or per-
| sons paying said tax and the party or
parties displaying such ,S,,in notiee Or siggn gn
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
store or In bona fide residence. shall
be prima faSie evidence that at such IL
rected to an officer, a, in 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 If the building
were occupied. using such force as may
be necessary to effect entrance: 1,d , =.
filed and no indictment found by a
Grand Jury for a prosecution of any of
proceedinEs under this Act shall be
| sufficient and give the court 5urisdic-
| tion of the case,
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
this state. & or to ev, reverse any Jpagment mt
Leave granted by the Reviewing Court.
and no such Leave shall be granted ex-
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 imore than
thirty days after the judgment com
planned OF and the case shall be heard
days after such filing: but nothing in
this section shall be construed to con-
addt.ons to sh. Sa rrst. now siysn By
Sec. Is. Any officer refusing. to
zeaVs Aet ana falling falling or - refusing to file a an
affidavit whenever he shall have
knowied!ge or receive infSrmation a. that
sum not less than $500 and not more
day.
both. and such conviction shall be q
sufficient ground f'r his removal from
Sec. II. Any sheriff. deputy sheriff.
or constable, IL he has personal infor-
nation that intoxicating liquors are
kent with intention to sell. barter. use
any law of the State. in any public
place. except a dwelling house. when
public resort. shall search such suspect
ed place without n 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 II 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
the final judgment on conviction in
proceedings under this Act shall in all
cases be bar to all suits for the re-
,,nl O ame or Tor damaEes alleged