The Logan Republican. [volume] (Logan, Utah) 1902-1924, 1917-08-14
PROHIBITION BILL
Continued from page four)

cause why the same should not be
forfeited. II any person shall so ap-
pear he shall become a party defend
ant In said cause, and said court
shall make record thereof. Wheth-
er any person shall so appear or
not, said court shall at the time fixed
proceed to the trial of the case, and
the county, or district attorney shall
appear before said court and prose-
cute said Information, and show cause
why said liquors, vessels or other
property should be adjudged for
feited.
The proceedings In the trial of
such case may be the same substan-
TALLY as in the cases of criminal
prosecutions before such courts, and
II any person shall appear and be
made party defendant as herein
provided and shall make written
plea that said liquors, vessels or
other property or any part thereof,
claimed by him, were not owned or
kept with intent to be used in vio-
lation of the law, such party defend
ant may demand a jury TO try the
issue; and IL upon the evidence pre-
sented, the said court or jury, as
the case may be, shall by verdict find
that said liquors, vessels or other
property was, when seized, owned OF
kept by any person for the purpose
of being sold or used in violation of
law, the said court shall render judg-
ment that said liquors, vessels, Or
other property or any part thereof.
be forfeited. II no person be made
defendant in manner aforesaid, OK T.
Judgment be in favor Of all the de-
PENDANTS who appear and are MADE
such, then the costs Of the prosecu-
ton shall be paid as in ordinary
criminal prosecution where the prose-
cution fails. II Judgment shall be
against only one party defendant ap-
pearing as aforesaid, he shall be
adjudged to pay all the costs of pro-
ceedings in the seizure and detention
OF the liquors or other things claimed
by him. and of the trial up to the
time Of judgment. But IL said judg.
ment shall be against more than one
defendant claiming distinct interest
in said liquor or other things, ther
the costs Of said proceeding and tria
shall be accorded to the discretion
OF said court, equitably apportionet
among the said defendants for thu
amounts Of costs SO adjudged agains'
them. Any person appearing and be
coming party defendant as aforesaid
may appeal from said Judgment TO,
forfeiture, as to the whole or an!
part Of said liquors. vessels or othe,
property claimed by him and 30 ad
judged forfeited.
Sec. IS. Seized property-sold
destroyed or restOred-cOsts OF pro
ceeding. Whenever 1t shall be final
ly decided that the liquors. vessels o
other property seized as aforesaid
are forfeited, the court renderin,
final judgment of forfeiture shall Is
sue to the officer written order
directing him forthwith publicly t
destroy said liquors, vessels, or othe
property; provided, however, that ]
some such property, except liquors
can be used for lawful purposes, an
in the discretion of the court the pub
lie interest would be served by sell
ing instead of destroying same, the
the court shall direct the officer I
sell such property at public auctio
to the highest bidder after havin
posted a notice of such intended aut
ton in some conspicuous place on
about the building In which the tria
was had. not less than ten days ne>
proceeding the date of said auction
said notice containing an inventor
and brief description Of such propert
and time and place to be offere
for sale. Upon application OF an
person desiring to inspect such pro
perty, after the order to sell has bee
issued by the court, the OFFICER
whose custody this property is hell
shall permit such inspection A
moneys derived from such sales sha
be turned over to the county trea