The Glenwood post., 1919-07-12

triyaacs, thing or device used in con
vey3nk the Arne, and them safely kesp
and make immediate return ON such
warrant. Such property shall not be
taken from the custody Of any officer
seixing or holding the same, BY writ Of
replevin or other process, while the
proceedings relating thereto are pond
ing. Final judgment Of conviction in
and all suits for the recovery Of any
such property SO seized, or tho value
Of the same, or for damages alleged to
arise by reason Of such seizure and de-
tention. The judgment entered shall
find said liquor to be unlawful AMI
shall direct its destruction forthwith.
The said wagon, automobile, vehicle,
contrivance, thing or device, vessels,
Implements and furniture shall likewise
be ordered disposed of as personal prop
erty is sold under execution and the
proceeds therefrom applied first, in the
payment Of the costs Of the prosecu-
tion and of any fine imposed, and the
balance, if any, paid into the general
school fund of the County of Garfield.
The officer serving the warrant shall
forthwith file complaint In the Police
Magistrates Court, charging such vio-
lation of law as the evidence in the
case justifies. If such officer refuses
OF 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 pur-
pose of preventing their seizure, said
fluids shall be held to be prima facie
Intoxicating liquors and intendef for
unlawful 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 IN said
premises copy of his warrant, and if
at the time fixed for said hearing, or
within thirty days thereafter, no person
appears, said Police Magistrate shall
order such liquors destroyed.
No warrant issued pursuant to this
ordinance shall authorize the search Of
any place where a person may lawfully
keep intoxicating liquors as provided
by law.
No warrant shall be issued to search
home occupied as such, unless it, or
some part of it, is used in connection
with or as a store, shop, hotel, rooming
house or place Of public resort.
The person making affidavit for the
warrant to search may personally &C.
company the officer who serves the
warrant, and enter the place with such
officer, and give information and as
- Is,,r
the premises.
Section 4. The City Marshal, or any
police officer of the City, having per
sonal knowledge or reasonable informa-
tion that Intoxicating liquors are being
kept in violation of law in any plaee
Except Q home as in Section 3 provid
ed), shall search such suspected place
without a warrant, and without any
affidavit being filed, and if sch officer
finds upon the premises Intoxicating
liquors, he shall seize the same together
with the vsssels in which they are con
tained and all implements and furni-
ture used in connection with such
liquors in the illegal keeping, selling,
bartering, exchanging, giving away or
carrying the same, and any wagon, au.
tomobile, vehicle, contrivancs, thing or
device used in conveying said liquors
or kept for the purpose Of violsting
any Of the provisions Of this ordinance,
and arrest any person or jersons
in charge Of such place, or aid
ing In any manner In carrying
on the business conducted in such
place, and shall take such person
or persons, with tho liquors, vessels,
Implements and furniture, wagon, auto
mobile, vehicle, contrivance, thing or
device 80 seized, forthwith, or Is soon
as convenient before the Police Magis-
delay make and file q complaint for
such violation of law - the evidence
justifies. It shall be lawful for Off
GERS in executing the duties imposed
upon them by this section to break
open doors or enclosures for the pur-
pose Of obtaining Possession Of such
intoxicating liquors.
Section s. There shall be NO prop
erty rights Of any kind whatsoever in
any liquors, vessels, appliances, fix
lures, bars, furniture, implements, wag-
ons, automobiles, vehicles, eontrivaness,
or any othsr things or devices ussd IN
or kept for the purpose Of violating
any Of the provisions Of this act.
Section 9. In all prosecutions under
this ordinance the possession of intox-
icatinE liquor by any person, associa-
tion or corporation, except rs In this
ordinance or by the Laws Of the 6tate
Of Colorado provided, shall be doomed
violation Of this ordinance.
The possession of an internal revenue
stamp or tax receipt issued by the
United 6tates Government permitting
or relating to the sale Of Intoxicating 4
liquors, by any person, association or
corporation not authorized BY the laws
of the State Of Colorado to handle in
toxicating liquor, or = certificate from
the collector Of internal revenue, or
any Of his agents, clerks Or dsputiss,
showing ths payment Of such internal
revenue tax by any such person, asso-
citation or corporation aforesaid, shall