The Monte Vista journal., 1913-01-18
ORDINANCE NO. IS1.
AN ORDINANCE PERTAINING TO
SEARCH AND SEIZURE.
1eea of the IaH4n nf MQnfe Nintai


the Town of Monte Vista where it is
| alleged that the maker of such am
dayit has reason to believe and does be
mixed. intoxicating, or other liquor
or any of them, are being sold bar
tered, exchanged. used or given away
or kept for the purpose of being sold.
bartered, exchanged. used or given
away In violation of any of the ordi-
and such ahidavit shall describe the
house or place to be searched and
mention the things to be searched for
and alleging that said premises are
situate within the corporate limits of
the Town of Monte Vista or within one
mile beyond the outer, outer boundaries
shall issue a warrant directed to the
town marshal, chief of police, or any
search the premises, described and
designated in the said complaint. and
II such liquors, or any of them, are
found, to seize the same, together with
the vessels in which they, or any of
them. are, contained, and all imple-
ments and things used and kept for
ing, using, or giving away of intoxi-
eating liquors and to safely keep the
same and make immediate return on
Magistrate. and which said liquors and
every part thereof and the implements
order of the Police Magistrate to be
used evidence in the prosecution of
any cause for the violation of any of
Vista in connection with which the
seizure has been made, or otherwise.
Section q When such liquors or i'm
plements are seized. as hereinbefore
provided the officer serving the war
rant shall forthwith make complaint
charging the violation of the ordi-
nance or ordinances of the Town of
Monte Vista, which the evidence in
such search and seizure justifes pro-
been made, and in case such officer
refuses or neglects to make such com
plant then any other person may do
Section 3. The affidavit upon which
the warrant of search is issued shall
place to be searched and things to be
searched for, and shall allege sub
stantially the offense in relation there
cause to believe, has been committed,
or is about to be committed; and affiant
shall ads also aver that t,is, he believes or or
Intoxicating liquors are there con-
cealed. The warrant shall set forth a
copy of the charge contained in the
affidavit and which said warrant may
be in language substantially as fol-
STATE OF COLORADO.
Rio Grande County, ss.
or TEF G5aRHp5 FESSTP &P g THE III MsTssr5 STATE
Chief of Police, or other police Of
feer Of the Town of Monte Vista.
WHEREAS. There has been filed
with the Undersigned an affidavit
charging, as follows, to-wit:
Here insert charge made in the
Therefore. this will command
you in the name of the People, of
the State of Colorado. together
with the necessary and proper
assistance to enter into the prem,
diligently make search for the in
toxicating liquors and implements
described in said affidavit. and
part part thereof found in such search,
forthwith before me to be disposed
of and dealt with according to
Given under my hand as Police
Vista this. day of. .191..
Police Magistrate.
Section 4. When intoxicating
seized as provided in this ordinace. the
officer who made such seizure shall in
his return upon the warrant make
by him and their place OF detention,
and they shall be held by such officers
subject to the orders of said Police
Magistrate. If a prosecution for any
offense shall be made under this ordi-
mace, after search and seizure. upon
the Anal of the f1%Tt suGs
shall. upon acquittal, be returned to
the lawful owner or, otherwise dis
posed of according to law.
Section 5. No warrant shall be is
sued to search private residence oc-
cupied as such unless 1t, or some part
boarding house, club. or other place
for the sale of goods, or unless such
residence is place of public resort.
If no one is found in the possession of
the premises where such liquors may
be found. the officer taking the same
shall post in conspicuous place on
said building or premises copy of
his warrant and take possession of
such liquors and vessels containing
the same and hold them subject to the
order of the Police Magistrate issuing
the warrant and make return of his
doings thereon.
If a search has been made as herein
provided. whether with or without a
warrant, it shall be the duty of the
earlier than ten days from date OF
search. for hearing and determining
the purpose for which said liquors are
kept and n summons shall Issue
in possession of the premises. and all
persons claiming the property found
shall be made defendants and II no
one liz found in possession and no one
the defendant may be designated as
John Doe, which said summons shall
be served as other summons issued by
the Police Magistrate are served. and II
the defendants are not found then the
said summons may be served by post
ing one copy on said premises: one at
Town OF Monte Vista, and one at the
door of the Police Magistrates office.
II at the time fixed for the hearing no
person shall appear the Police Mngis-
the testimony In the cause. II the de-
PENDANTS, or any Of them. do appear
the trial shall be summary, without n
jury; and II the court shall nnd that
the said Intoxicating liquors and other
property taken under said search war
rant are kept in violation OF any OF