The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-03-20
LEGAL


the transportation carrying of intoxiyat-
ing liquors from one place to another
within this state. and to seize and take into
his custody all such automobiles, vehicles
and other property so used which he may
find. and safely keep the same subject to
the order of the court. In said complaint
or information 1t shall not be necessary TO
accurately describe the automobile. vehicle
or other property SO used. but only such
able the officer executing the warrant to
identify it properly.
biies or other property shall be seized
under such warrant, whether an arrest has
been made or no.; a notice shall issue
of the warrant in the same manner
summons, directed to the defendant or de-
PENDANTS in such action and to all persons
claiming any interest In such vehicles,
automobiles and other property. fixing 2
time. to be not less than go days. and
interest therein may appear and answer
the complaint made against such
property and show cause why
the same should not be adiudged
provided. Such notice shall be served
upon the defendant or defendants In the
action In the same manner as summons
If they be found within the Jurisdiction
of the court. and copy thereof shall also
be posted in one or more public places in
If at the time for filing answer. said notice
has not been duly served or other suf-
ficient cause appear. the time for answer,
such other notice issued will supply
any defect in the previous notice and give
persons interested to appear and answer.
At or before the time fixed by notice. any
automobiles or other property seized, may
file his answer in writing. setting up his
claim thereto. and shall thereupon be adj
mitted as a party defendant to the pro-
ceedings against such vehicles. automo-
biles or other property. The complaint or
information and answer or answers that
ms ha hp
required: and at the time fixed for answer,
or Mt any other time to be fixed by the
manner before the court of the allegations
of the complaint or Information against
the property seized: and whether any an
swer shall be filed or not. 1t shall be tie
! duty of the county attorney TO appear
| and adduce evidence IN support Of such
| Sec. i. If the court shall find that sneh
| vehicles automobiles other property or
any part thereof at the time
| it shall adjudge forfeited much thereof
as the court shall find was such common
| whose custody 1t is to sell the same pub
| licly. and said officer shall cause notice to
! be given by publication for at least two
! time and place of the sale of said property
| and shall file In said court hi. return
the the amount sas received IH
and. shall pay the same ne, Into
declare forfeited the proceeds of said sale
| and shall order the money received for
| treasury of the county for the support of
the common schools, after paying out OF
the proceeds OF said sale the costs OF the
action. including costs Of sale and the keen,
ing and maintenance OF said property. All
Intoxicating liquors found in such vehicles,
| automobiles or other property seized. to-
| gether with the bottles. jugs and vessels
containing the same. shall by the court be
ordered destroyed in the same manner aud
| IEn
551s of the General Statutes Of 1915.
Sec. s. Either the state or any defendant
seized. or an interest S therein. NAV a,
appeal from the Judgment of the court
| In any such proceedings ngainst the prop
erty seized in the manner provided for TAX
| ing appeals in criminal cases. Any claim
ant of such property who appeals. in order
to stay proceedings. must enter into an
undertaking with two or more sureties to
| the state of Kansas. to be approved by the
OF not less than one hundred dollars tsi00l
nor less than double the amount Of the
au the court OF said ana ,5s cost.
against said property, conditioned that he
will prosecute his appeal without unneces.
against him appeal he will satisfy the
judgment and costs. and no bond shall be
required for mn appeal by the state. AMI
such appeal shall stay the execution OF the
Sec. 6. This act shall not be construed as
In any way affecting any existing statutes
relating to the seizure and destruction OF
intoxicnttug Iiuuors and other property.
set out in sections 1924 and 500 Of the
| General Statutes OF 1915. or for the destruc-
ton OF Intoxicating liquors aud vessels
and bottles containing the same. as pro-
vided by section 5l13 of the General stat
utes of 1915. and shall not be construed NJ
| repeating any existing statute In reference
to Intoxicating Iiqrors. hut this act shall
be Construed ms supplemental to the laws
now in force. relating to Intoxicating
LIQUORS
Sec. T. This act shnH take effect and he
in force from and after its publication In
the official state paper.
I hereby certify that the above Bin orig
mated In the Senate, and passed thnt body
February G. 1919.
March 49, 1919. Conference report adopted.
CHAS. S. HUFFMAN.
President Of the Senate.
EMMETT d. GEORGE.
Secretary OF the Senate.
Passed the House March 2. 1919
March Il, 1919. Conference renort adopted.
w L. LAMBERTSON.
Speaker Of the House.
CLARENCE W. MILLER.
Chief Clerk of the House.
HENRY j. ALLEN Governor.
State of Kansas.
Office of Secretary Of State.
I. L. J. PETTIJOHS. Secretary of State
OF the State Of Kansas. do hereby certify
that the above and foregoing IL correct
copy of the original enrolled bill now on
IN TESTIMONY WHEREOF. I have
hereunto subscribed my name
and affixed my official seal.
/ tseall this h,. nth day of March.
L. J. PETTIJoHN.
Secretary Of State.