Denver labor bulletin., 1918-11-02

entered snail lind SAID liquor TO De
unlawful and shall direct its destruo-
tion forthwith. The said wagon, auto
mobile. vehicle. contrivance. thing or
ture shall likewise be ordered disposed
of as personal property is sold under ex-
ecution and the proceeds therefrom ap-
piled, first In the payment OF the costs
of the prosecution and of any fine i'm
posed, and the balance: II any, paid
county in which such conviction is had.
The officer serving the warrant shall
forthwith file a complaint in the court
Issuing same. charging such violation
of law as the evidence in the case JUS
titles. If such officer refuses or neg
lects 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 otherwise
destroyed. manifestly for the purpose
of preventing their seizure, said fluids
shall be held to be prima facie intox-
icating liquors and intended for unlaw-
full use. 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 conspicuous place on SAID
premises a copy of his warrant, and II
at the time fixed for said hearing. or
within thirty days thereafter; no per-
son appears. said Justice of the peace,
or court shall order such liquors de-
stroyed
No warrant issued pursuant to this
act shall authorize the search OF any
place where a person may lawfully
keep intoxicating liquor as provided
In this act.
No warrant shall be issued to search
home occupied such. as. in section
IL provided, unless it. or some part of
II, is used in connection With or as
rooming house. or place of public re-
sort.
The person making affidavit for the
warrant to search may personally ac-
company the officer who serves the
warrant. and enter the place with such
n nd frfxr fx,fT. gF1t on n
sistance to such officer in searching
the premises.
of Chapter ss of the Session Laws of
Colorado. 1915. be and the same is here
by amended to read as follows:
Section 1s. OFFICERS, SEARCH
Any sheriff. deputy sheriff. consta BILE.
or any municipal officer designated by
ordinance. or any other officer or per-
son authorized by this act. having per-
sonal knowledge or reasonable infor-
nation that Intoxicating liquors are
being kept in violation OF law in any
place, except a home as in Section I
provided)- shall search such suspected
place without warrant and without
any affidavit being filed, and II such
officer or person finds upon the prem
ises Intoxicating liquors. he shall seize
the same together with the vessels in
which they are contained and all i'm
plements and furniture used in connec-
tion with such liquors in the illegal
keeping, selling. bartering; exchanging;
giving away or carrying the same. and
any wagon, automobile. vehicle, con-
trivance, thing or device used in con-
veying said liquors or kept for the pur-
pose of violating any Of the provisions
of this act. and arrest any person or
persons in charge OF such place, or
the business conducted in such place.
and shall take such person. or persons.
with the liquors. vessels, implements
and furniture. wagon, automobile. We
hicle, contrivance, thing or device so
seized. forthwith. or as soon, as con-
venient before Justice of the Peace
or Judge of any court in the county in
which such seizure is made having jur-
isdiction as herein provided TO try
such officer shall without delay make
and file a complaint for such viola
1t shall be lawful for officers in ex-
ecuting the duties imposed upon them
by sns sssn o9 tho s s
possession of such Intoxicating liquors.
Section 6. That Section sixteen 40
of Chapter 9s of the Session Laws OF
hereby amended to read as follows:
Section 16. PURCHASES ONLY ON
|, REoUIsITIONs.-It shall be unlawful
liquors i into this state state for n medicinai
purposes. except persons. associations
or corporations engaged in the drug
the manner in Section Is of this act
provided; and all purchases of intoxi.
registered pharmacists actually en- emu
gagged In business as such shall be made
only from such persons, associations
corporations engaged in the drug busi-
ness at Wholesale within this state as
herein provided.
All purchases of Intoxicating liquors
all persons. associations and corpora
tions mentioned in Section is of this
act. shall be on requisition blanks sup
piled to them by the Secretary of State
at actual cost. Such requisitions shall
be In triplicate, one copy to be kept by
m
spection. one to be kept by the seller.
II located in this state. at his place of
lie inspection. and the third shall be
filed by the purchaser with the Secre-
tary of State within ten days after his
Section Z. That Section twenty (2O)
of Chapter 98 of the Session Laws of
Colorado, 1915. be and the same is here
by amended to read as follows:
Section 90. NO PROPERTY RIGHTS.
There shall be no property rights of
any kind whatsoever in any liquors.
vessels, appliances; fixtures. bars. fur
biles. vehicles. contrivances, any
other things or devices used In or kept
provisions of this act
Section s. EvIDENCE.-Ina all prose-
cutions under this act the possession of
intG1asating c1atfan Liquor by any person as,
this act provided. shall be deemed
violation of this act.
The possession of an Internal revenue
stamp or tax receipt issued by the
United States Government. permitting
or relating to the sale of Intoxicating
liquors. by any person. association or
corporation not authorized under this
act to handle Intoxicating liquor, or a
certificate from the collector of in
ternal revenue, any of his agents
clerks or deputies. showing the payment
of such internal revenue tax by any
such person. association or corporation
aforesaid, shall be prima facie evidence
of violation of this act.
Section REPEAI.-SpctiOna