The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1914-10-23

or place used for the storage of in
toXicating liquors, of a stamp showing
the payment of any person OF United
States Internal Revenue special tax
for the sale of distilled or malt liquors,
at such a place for period not then
expired, shall be prima facie evidence
that the person or persons to Whom
the same was issued, were at the time
of finding such special tax stamp,
maintaining common nuisance at
such place and the proof that any per-
son, being prosecuted for maintaining
common nuisance as herein deilned
has made two unlawful sales OF lntoSl-
eating liquors within six months PRIOR
to the filing of the complaint in SAD
cause, shall be prima facle evidence
that such person was maintaining
common nuisance at such place ana
shall warrant a conviction OF the de-
PENDANT, and in all prosecutions Tor
maintaining a common nuisance as
herein defined, the proof that such per-
son or persons has purchased special
Internal Revenue tax stamp Wlthln
twelve (12) months prior to the date
of the filing of the complaint, for the
sale of intoxicating liquors at such
place within twelve (12) months prior
to the filing of the complaint, shall be
deemed prima facie evidence that said
| person was maintaining such place
as common nuisance and shall war
mt a conviction of the defendant.
Section TO- Any person who know
| ingly permits building or tenement
owned or leased by him or under his
control or any part thereof to be used
| in maintaining a common nuisance, or
after being notified in writing of such
| use, omits to eject from the premises
| the persons so using the same, shall
| be guilty of assisting in maintaining |
| a common nuisance.
| Section II. If the City Attorney |
| Mayor or any police officer has prob
able cause to believe that intoxicating
| liquors are sold, furnished, delivered, |
| given away or other wise disposed OF
| in violation of law, or are kept for sale
| delivery, or disposition in violation
| Of law, at any place within the City
of Twin Falls, it shall be the duty OF
such City Attorney, Mayor or any such
police officer forthwith to make
and file with the police magistrate, an
affidavit of probable cause, setting
forth and particularly describing the
place where such intoxicating liquors
are sold, furnished, delivered, given
away or otherwise disposed of, or are
kept for sale, delivery or disposition in
violation of law, and upon filing OF
such affidavit, such police magistrate
shall forthwith issue a warrant COM
handing the Chief of Police to search
the premises described in such affi-
davit, and if such Intoxicating liquors
, are there found, to seize the same with
! the vessels in which they are contain
= ed and all implements and furniture
: used and kept in such places for the
] unlawful selling, furnishing, delivering
giving away or otherwise disposing of
| such Intoxicating liquors, and safely
2 keep the same subject to the order OF
), such police magistrate. The affidavit
shall describe the place to be search
0 ed with sufficient particularly to
D identify the same, and shall describe
: the Intoxicating liquor and other prop
: erty to be seized as particularly as
0 practicable, but any description, how
d ever general, which will enable the
g officer executing the warrant to lden-
y tify the place to be searched and the
j property to be seized. shall be deem
: ed sufficient.
J, The officer executing the warrant
shall forthwith return the same to
: the police magistrate, together with a
complete inventory of all property
), seized by him Hereunder. All intoXi-
: eating liquors or other property seized
] under said warrant shall be held
/ by the officer who executed the
D warrant, subject to the order of the
police magistrate.
n The officer executing such warrant
1 .1.,,, . ,,,,, N.t,t
q the person or persons Keeping the
J. place where such intoxicating liquors
+ were found, charging him with such
q offense under the laws relating to the
p sale of Intoxicating liquors as the evil
& dence of the case appears to warrant,
q and such intoxicating liquors or other
+ property seized under said warrant
] may be used as evidence in the hearing
Il of such case before the magistrate
when the defendant shall be tried up-
: on said charge.
II All intoxicating liquors secured by
I such officer under warrant as herein
n prescribed, if the police magistrate
e has reasonable grounds to believe that
e the same was being kept or held for
: an unlawful purpose, whether the de-
D, PENDANT is found guilty or not, shall
i be by order of such police magistrate
h Immediately destroyed by the officer
II securing the same.
II If the defendant is convicted OF
maintaining a common nuisance as
y herein defined, and does not immedi-
l. ately file a notice of appeal, any intox
d. icating liquors which may have beer
u secured and used as evidence in the
IS trial of such defendant shall be i'm
Sc mediately destroyed by order of thu
a police magistrate.
i Nothing herein contained shall b.
II construed to prevent the filing of {
id complaint, charging any person will
s, an offense under this ordinance relat
r ing to the sale of intoxicating liquor
g or the maintaining of a common NUS
)e ance before an affidavit has been filet