The Elbert County tribune., 1912-11-01

premises described in said affidavit
and and there diligently make search for
ments described In the attached affi-
dayit. and that you bring the same. or
forthwith before me to be disposed of
or dealt with according TO the law
Given under my hand this
Gay Or -.-...-.A- ID. 1g1...
Judge q, ~.
Sec. 4. II 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. evil
ma facie proof that intoxicating IL
quors were kept at such place in vio-
Sec. s. When iiq,fors 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
they shall be held by such officer sub
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 acqulttal. be re-
turned TO their lawful owner or other
When any liquors or impiements
shall have been seized by virtue of any
warrant war; or process in this Act pro.
returned to any person by reason of
| any alleged insufficiency 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
nearing when the case is tried. upon
| the affidavit provided for in Section
| of this Act
Sec. 6; No warrant shall be issued
as such unless IT, 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 7: 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 informa-
| tfon 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 a conspicuous
! place on said building or premises a
copy of his warrant and take posses :
| tanning the same and hold them sub
1ect 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
TX f the time, not earlier than a ten, ten days s
such liquors are kept and the notice
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 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
kind on or about any place indicating
that Intoxicating liquors are sold, Kept
any statute. shall be held to be prima
| facie, evidence that the person or per-
| sons paying said tax and the party or
| 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
store or in bona fide residence. shall
| Quors are kept in violation Of law.
Sec. 10. In case warrant Is d.
0 an and 0fces he Shalt lind this
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
were occupied. using such force as may
| Sec. IL. No Information need be
filed and no indictment found by a
9ry TOR n s a any The
| proceedings under this Act shall be
sufficient and give the court jurisdic-
| tion of the case
Sec. II. 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
1 Leave granted by the Reviewing Court
| and no such Leave shall be granted ex-
/ eept 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
! piained OF and the case shall be heard
| by the Reviewing Court within thirty
| days after such filing: but nothing In
| fer any right OF review in such cases
In addition to the rights now given by
4 law.
serve warrant as provided in this
| Act and failing or refusing to file an
cr reeeve
| Intoxicating liquors are kept contrary
to law, shall upon conviction be fined
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
| Sec IA Any sheriff. deputy sheriff.
%ation Dr iSms'fS aRat intoaIeatins @ % 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 a dwelling house. when
| such dwelling house Is not place of
public resort, shall search such suspect
| ed place without 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 nmenable 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