The Elbert County tribune., 1918-11-01

entered shall find said liquor to be
,an ,,, a1d 'hSh eiIsst ;s ,ss des.pa spse
mobile. vehicle. contrivance, thing or
device, vessels. imp mentr and furni-
of as personal property 10 sold under ex-
ecutton and the proceeds therefrom ep-
Piled, first In the payment of the costs
posed. and the balance, II any, paid
Into tho general school fund of the
county In which such conviction is had.
The offi"~- serving the warrant shall
forthwisp -.,- complaint In the court
Issuing same. charging such violation
Of law as the evidence In the case JUS
tines- IL 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,
II fluids are poured out. or otherwise
destroyed. manifestly for the purpose
Of preventing their seizure. said fluids
shall be held to be prima facie inton-
lcsting liquors and intended for unlav-
ful use. sale. barter. exchange or rift
IL 70 person is in possession Of ths
premises where such liquors are found,
the officer selling such liquors shall
post In conspicuous place on ssid
premise: copy OF his warrant and u
at the time fixed for said hearing. or
within thirty days thereafter, no per-
son appears. said Justice of the peace,
stroyed.
No warrant issued pursuant to this
act shall authorize the search OF any
place WneTe person may
keep Intoxicating liquor as provided
in this act.
No warrant shall be issued to search
a home occupied as such. as In section
1t. is used In connection with or as
store. shop. hotel. boarding house.
rooming house. or place of public re-
The person making affidavit for the
variant to search may personally ac-
company the officer who serves the
warrant. and enter the place with such
officer. and give information and as
sistance to such officer in searching
Section 5. That Section thirteen G7l
of Cha pter es of the Session Laws OF
Colorado, 1915. be and the same is here
by amended to read as follows:
Section IS. OFFICERS SEARCH
Any sheriff. deputy sheriff. constable.
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 home as In Section
provided, shall search such suspected
place without a warrant, and without
any affidavit being filed. and II sueh
officer or person finds upon the prem
! ises intoxicating liquors, he shall seize
which they are contained and all Inn
! plements and furniture used In connco-
tion with such liquors In the Illegal
keeping, selling, bartering. exchanging
any wagon. automobile, vehicle. CON
trlvance, thing or device used in con-
yeying 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. implementn
hicle contrivance. thing device SO
seized. forthwith. or 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
| cases for violation of this act and
and file a complaint for such viola
! tion of law as the evidence justifies.
1t shall be lawful for officers in en-
| ecuting the duties imposed upon them
' by this section to break open doors or
enclosures for the purpose of obtaininG e
possession of such intoxicating liquors.
of Chapter 9s of the Session Laws of
Colorado. 1915. be and the same is
hereby amended to read as follows;
Section is. PURCHASES ONLY ON
REQUISITE )NS.-It shall be unlawful
for anyone to Import Intoxicating 9
liquors into this state for medicinal
or corporations engaged in the drug
business at wholesale. exclusively. In
the manner in Section 1b of this act
provided; and all purchases of intoxi-
- 80
: gistered pharmacists actually en-
gagged in business as such shall be made
only from such persons, associations or
corporations engaged in the drug bust
ness at Wholesale within this state az
. herein provided.
All purchases of intoxicating liquors
by wholesale dealers. pharmacists and
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
/ n actual cost. Such TAnntsitinng aha III
| be In triplicate, one copy to be kept by
the purchaser at his place of business
spection. sps ton one to % be Kept Kept by these the seller,
| II located in this state, at his place of
business for two years and open to pub
| lie inspection and the third shall be
| filed by the purchaser with the Secre-
| tary of State within ten days after his
receipt of such liquors so purchased.
Section Z. That Section twenty (20)
of Chapter 9s of the Session Laws OF
Colorado 1915. be and the same Is here
by amended to read as follows:
| There shall be property rights OF
| any kind whatsoever in any liquors
vessels. appliances. fixtures. bars. fur
biles, vehicles. contrivances, or any
| other things or devices used in or kept
! Tor the purpose of violating any of the
provisions of this act
Section s. EVIDENCE.-In all prose
cutions under this act the possession OF
intoxicating liquor by any person. as
sociation or corporation, except az In
this act provided, shall be deemed q
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 OF
corporation not authorized under this
act to handle Intoxicating liquor. or 9
certificate from the collector of ir-
ternal revenue, or any of his agents
Jerks or deputies, showing the paymen,
of such internal revenue tax by any
such person. association or corporate
aforesaid shall be prima facie evidence
II a violation of this acI