Semi-weekly herald., 1917-04-16
New Prohibition
Bill for Colorado
Continued from Thursday.1 }

tCOHtlHutu from iHuTSudN.t
Section IL. SEARCH AND SEIZ-
URE.-If any person make an affi-
davit before any justice Of the peace,
or the judge Of any county or district
court stating that he has reason to
and does believe that Intoxicating
liquors are being sold, bartered, ex-
changed,- divided, or unlawfully Civ
en- away, or kept for such purposes,
or carried in violation Of this act,
within the jurisdiction of such justice
or court, and describing in such affi-
davit the premises, wagon, automo-
bile, vehicle, contrivance, thing or de
vice to be searched, tthen such JUS
tice or Judge Of such court, shall is
sue warrant to any officer. which
the complainant may designate hav-
ing power to serve original process,
commanding such officer to search
the premises. (other than home)
wagon, automobile, vehicle, contriv-
ance, thing or device described in
such affidavit.
The officer charged with the execu-
tion of said warrant may, when ne
cessary to obtain entrance, or when
entrance has been refused, break OPP
EN- any premises (other than home)
wagon, automobile, vehicle, contriv-
ancc, thing or device which by said
warrant he is directed to search: and
may execute said warrant any bour
of the day or night.
Section II. DUTY OF OFFICER
IF any Intoxicating liquors are there
found, said officer shall seize the
same and the vessels in which they
are contained and all implements and
furniture. used or kept in connection
with such liquors in the illieela selling
bartering, exchanging, giving away
or carrying Of same, and any wagon,
automobile, vehicle, contrivance, thing
or device used in conveying same, and
them safely keep and make immedi-
ate return on such warrant. Such
property shall not be taken from the
custody of any officer seizing or hold
ing same. by writ of replevin or 9th
er process, while the proceeding re,
lating there to are pending. Final
Judgment of conviction in such pro-
ceedings shall be a bar to any and
all suits for the recovery Of any such
property so seized, or the value Of
the same, or for damages alleged to
arise by reason Of such seizure and
detention. The judgment entered shall
find said liquor to he unlawful and
shall direct its destruction forthwith,
unless some hospital applies for some
for medicinal use, in which event the
justice or court may, upon such terms
as shall be meet and proper, order
such liquor delivered to such hospital
for medicinal use, under physicians
prescriptions; and certified copy Of
such order or judgment shall be the
authority to carry such liquor to such
hospital and for such hospital to re-
ceive same; and such hospital shall
report the disposition of such liquor
in manner as required of pharama-
cists by Section II hereof. The said
wagon, automobile, vehicle, contriv-
ance. thing OF device, vessels, imple-
ments and furniture, if owned by the
person violating this act, shall like
wise be ordered disposed of as per-
sonal property is sold under execu-
tion and the proceeds therefrom APP
piled. first in the payment of the
costs of the prosecution and of any
fine imposed, and the balance, if any,
paid into the general school fund of
the county in which such conviction is
had; or returned, in the discretion of
the justice of court, but in no event
until all fines and court costs in con.
nection with such proceedings have
been paid in full, The officer serv-
ing the warrant shall forthwith file
complaint in the court issuing
same, charging such violation of law
as the evidence in the case justifies.
III such officer refuses or neglects to
file such complaint, then the person
filing the affidavit for the search
warrant or any other person, may
file such complaint.
If fluids are poured out, or other
wise destroyed, manifestly for the
purpose of preventing their seizure,
said fluids shall he held to be prima
facie Intoxicating liquor and intended
for unlawful sale, barter, exchange
or gift.
If no person is in possession of the
premises where such liquors are
found, the officer seizing such liquors
shall post in a conspicuous place on
said premises a copy of his warrant,