The Greeley tribune., 1912-10-24

the Intoxicating liquors and imple
ments described In the attached affi-
aavit aay n.n, ana ,h that you bring the same, or
or dealt with according to the law.
Given under my hand this. ...
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'u1ss Jas,iee ee er' OF tho Peace Court. or
Sec. 4. II fluids are poured out or
otherwise DESTROYED by any person
and such destruction Is manifestiy for
the purpose of preventing their SELF
ure by officers under this Act. evil
dence of such destruction shall be pri-
ma facie proof that intoxicating H.
quors were kept at such place In vio-
lation of the law.
are seized as provided in this Act, the
officer who made such seizure shall in
statement setting forth their seizure by
MIN and their place of detention, and
they shall be held by such officer sub
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
plements shall. upon acquittal. be re-
turned to their lawful owner or other
~iSe Wnan na1spesed any Of oo according to LAW
shall have been seized by virtue of any
warrant or process in this Act pro-
vided. same shall not be discharged or
any alleged insuificiency of the de-
scrlption In the affidavit or warrant
but the claimant shall be entitled to a
hearing when the case Is tried upon
the affidavit provided for in Section 2
Sec. 6. No warrant shall be issued
to search private residence occupied
as such unless it. or some part Of It.
Is used as store. shop. hotel. boarding
house. club, or unless such residence
Is a place of public resort.
ha nal k I'M a. "a N,lf
upon which warrant is issued may
personally accompany the officer who
with such officer and give informa-
tion and assistance to such officer in
searching any such place IS therein de-
Sec 8. II no one is found in pos
, session of the premises where such IL
quors may be found. the officer taking
I 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;
: determining the purpose for which
] such liquors are kept and the notice
/ OF such hearing. giving its date. shall
r be posted upon the building or prem
ises where The liquors We're found. If
= at the time fixed for the hearing no
r person shall appear. nor within thirty
y claim such liquors or Implements. the
: Judge or justice shall order same de
. stroyed
: Sec. 3: The payment OF the United Unite,
Q States Special Tax as q retail dealer
Q In intoxicating liquors. except by regu-
4 lar druggists. or notice or sign OF any
h that intoxicating liquors are sold, KEEP
4 for sale or given away In violation OF
. any statute. shall be held to be primo
| 20. hnf
sons paying said tax and the party OF
( parties displaying such notice or sigf
are violating the laws prohibiting the
: sale, use. exchange. or giving away OF
+ intoxicating liquors.
l. The keeping of intoxicating liquors
Y in any room or building. or any other
: place except u regular licensed drua
E store or In a bona fide residence. shall
L DC prima facie evidence that such IL
are kept In nass solason warrant "a taM IS d,
:: rseSsd provided. d. an and he Shall find no one
E entrance. ana such building shall be
: one as under this Act may be searched
y the officer may effect entrahGe M h,i,dsmS anG 9
i We're Occupied, using such force Is may
5 be necessary to effect entrance
s sec IL No Information need be
O flied ed and no Indictment found by 9
f Grand Jury for prosecution OF @ any rtd oa
the offenses provided In THIS Ast; me ne
=, sufficient and give the court jurisdic-
n tion of the case
e Sec. 12. No petition or assignment OF
error shall be filed In any any Silption SHnrt or as
II aforesaid of said statutes or STATUTE o.
= this state, or to reverse any Juughen :,
: affirming such conviction, except oy
,r Leave granted by the Reviewing Court
II and no such Leave shall be grant eu sN
d cept for good cause SHOWN az a., IN ne" ar,rs
T. inal case shall have notice ana pc en-
,r titled to be present Such petition or T
q assirnment of error must be lileo M Win
- Sch ReviewinE Court not more than
n ibiriv days after the Judgment com ,
m pIained of and the case shhii pc ,hi,, nJa,w y,
y ~ 4g s"a ofter such filing: but nothing in
10 his section shall be construed TO con-
n fer any right OF reNlsW IN ~, siven NV
.r law. 49, ,ficer refusing to
go "A Warrant as provided IN TINS
Al SER ar, and falling or refusing to file an
y !, atfiaavit whenever he shall nave
IS knowiedg or receive ihiSs,,a .n, contrary
- ih'VA,"h ,. shaiI upon conviction be fined
IN n sum not less than $500 ana no. NOR ss
: than $4,000. or impr'sn"n't phan s'sty davs. or
l. hnth. and such conviction shadt PEN 9e
,c snfficient ground ftr ms removal Aio
: office. hceot NV sheriff. deputy sheriff
n or Constable. II he has personal ,hior sre
i nation that int%a''u.l ntinn to sell. barter use
i' 49, he";ve AWAY the same In violatlon -.
y, law OF the state. IN my pupi.n p,,,
p place, except dws'linT not h0aSe eiaee ne OF
surn, surn resort. shall search such snspee,G,. pee,
n n public ss Without warrant and with with,
on. any AFFIDAVIT SSss dr 5ef nhs sna
'r seize any ric, su or persons In charge
n ana a,, nms return them to the court 10
d Which viii he is amsnasie, II ana warrant had
n shall then be had as IL d
'es" sec Lau95s and Of l%rsnsetts IBIS et sha
ar. seized ,,ben by from rom the custody of the
oss S' ss @ S1 WT Wife Sf rshsvn Ihs SF sy
- any other pth; rt are pending. and
'e inss ,,inn mnne' Judgment on conviction in In
,4S S under mis- .;s Ass sor ss@ tne In rs
ID eases be nn, y iiauors seized or the
sSysry of same for iamassis ssisias aes and