The New York herald., 1921-02-07

son" suspected of the violation and to at
once notify the District Attorney. The
case then goes to the Grand Jury.
The search and seizure section of this
act provides that liquor "stored or de-
posted in any place in violation Of the
law and the vessels i'm which IL Is con-
tanned. are declared to be nuisances and
forfeited TO the State when seized"
Upon the filing of a statement by any
police officer of reasonable grounds for
belief that liquor is stored in violation Of
the law any judge in the State can issue
warrant directing the peace officer 10
institute search and TO seize all liquor,
which shall be held by the State pending
decision in trial Of the state OF fact y
burden of Proof on Defence.
The whole case is one Of fact, and tue
proof lies on the defendant to show he
had the right of possession.
Any person forbdding entrance TO his
premises by a peace officer armed with
warrant will be guilty of misd E.
meanor. The officer sezing the LIQUOR
must give a receipt before he seals X
and then it Is for the courts to decide
what happens. IL the liquor was kept
in violation of the law the court shall
order the liquor and containers de-
stroyed.
And here is what the State is going to
do to any man who tries TO do a little
private bootlegging in his automobile Or
his buggy. The act reads:
When any peace officer shall dis
cover any person in the act of transport
ing Intoxicating liquor in any wagon.
buggy, automobile, water or air craft
or other vehicle, it shall be his duty to
seize any and all intoxicating liquor
found therein being transported con-
trary TO such law. Whenever intoxicat-
ing liquor transported or possessed IL
legally shall be seized by an officer lie
shall take possession of the vehicle and
team or automomible boat, air or water
craft, or any other conveyance. and
shall arrest any person in charge there
OF. Such officer shall at once proceed
against the person arrested under the
provisions of this section in any court
having competent jurisdiction but the
said vehicle or conveyance shall be re-
turned to the owner upon execution by
him of good and valid bond. with suf-
ficient sureties. in sum double the
value OF the property which said bond
shall be approved by said officer and
shall be conditioned TO return said prop
erty to the custody of said officer on
the day OF trial TO abide the judgment
| OF the court.
THE court upon conviction OF the per-
son so arrested shall order the liquor
! destroyed, and unless good cause TO the
contrary is shown by the owner shall
| order a sale by public auction OF the
property seized, and the officer making
the sale, after deducting the expenses
OF keeping the property. the fee FOL
seizure and the cost OF the sale, snail
pay all liens. according to their prior
/ AT "a
/ ton or otherwise at said hearing or IN
/ other proceeding brought for said pul-
| pose as being bona fide and as having
| been created without the lienor having
| any notice that the carrying vehicit
/ was being used or was TO be USED tol
/ Illegal transportation or liquor. anc
| shall nav the balance OF the proceed'
| into the treasury OF the county IN WnlcI
the seizure is made All liens agains
property sold under the provisions o.
this section shall be transferred IRON
INC nronerfv 20 the proceeds Of the salt
| of the property.
"If however. no one shall be fount
claiming the team. vehicle. water or al
craft. or automobile. the taking OF I'M
| same. with n description thereof shal
/ no advertised i'm some newspaper puo
/ lished In the city or county where taken
| or II there be no newspaper puDilshe'
i'm such city or county, IN a newspape
! having circulation in the county ono
q. week or two weeks and BY handpih
posted in three public places near IN.
place of seizure. and II no claimant snal
appear within ten days after the las
publication OF tho advertisement TN
property shall be sold and the proceeds
after deducting the expenses and costs
shall be paid into the treasury oil Tn
county in which the seizure was made
whenever a peace officer shall I'M
any person in the act OF Illegally man
ufaeturing. selling. bartering, transport
ing, importing, exporting, delivering
furnishing or purchasing intoXicauni
LIQUOR, or in the unlawful possession
thereof outside OF his private dwelling
he may. without warrant. search IN
premises or place where such act occur
or exists and seize any and all intoNi
eating liquor and the vessels containing
the same found thereon. and detain III
same in safe keeping until n warran
can be procured. Such officer shall i'm
mediately apply for the warrant herein
before provided for"