The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1922-01-10

ORDlIN 1NC.
AN ORDINANCE relating to intoxicating
liquors; declaring automobiles and other
vehicles used in transporting Intoxicating
liquor common nuisances; and providing
for the sale thereof by order OF court.
COMMISSIONERS OF THE CITY OF
Section /. All automobiles vehicles and
other property used in the transportation
| or CARRYING of intoxicating liquors into
| out of the City of Topeka or in carrying o.
Transporting intoxicating liquors from one
place to another within said city are here
| by declared to be common nuisances.
| Section 2. Upon the filing with the Po-
| lice Judge of complaint under oath
| charging a common nuisance, as above de-
| fined, q warrant shall be issued authoriZ-
| ing and directing the officer to whom 1t
| is directed to arrest the person or persons
| described in said complaint or the person
or persons using the automobiles, vehicles
| or other property for the transportation of
| Intoxicating liquors into or out of the City
of Topeka or the transportation or carry
ing OF intox1cating liquors from one place
and take into his custody all such auto
mobiles, 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 it shall not be necessary,
| to accurately describe the automobile, We
| hic1e or other property so used, but only
such description shall be necessary as will
enable the officer executing the warrant to
identify it properly.
mobiles or other property shall be seized
under such warrant, whether an arrest has
been made or not, the Police Judge shall
| issue a notice within forty-eight hours
after the return of the warrant in the same
manner a summons, directed to the de-
PENDANT or defendants in such action and
| to, all persons claiming any interest in
such vehicles, automobiles and other prop
| days, and place at which all persons claim
| ing any interest therein may appear and
answer the complaint made against such
vehicles automobiles and other property
and show cause why the same shall not be
! adtudged forfeited and ordered sold as
hereinafter provided Such notice shall be
served upon the defendant or defendants
in the action in the same manner sum-
mons if they be found within the jurisd'r-
ton of the court, and a copy thereof shall
also be posted in one or more public places
in the City of Topeka. If at the time for
filing answer, said notice has not been
duly served or other sufficient cause ap
pear. the time for answering may be by
the court extended and such other notice
issued as will supply. any defect in the
and opportunity for all persons interested
to appear and answer. At or before the
| time fixed by notice, any person claiming
an interest in the vehicles, automobiles or
other property seized, may file his answer
in writing. setting up his claim thereto,
and shall thereupon be admitted a party
defendant to the proceedings against such
vehicles, automobiles or other property.
The complaint and answer or answers that
may be filed shall be the only pleadings
required and at the time fixed for an
swer. at any other time to be fixed by
! the cOlFC. q trial snail De laQ IN q sum-
mary manner before the court of the allie
cations of the complaint against the
property seized; ran and whether any
! be the duty of the city attorney to appear
! and adduce evidence in support of such
| Section 4. If the court shall find that
such vehicles, automobiles or other prop
| erty or any part thereof were at the time
| n common nuisance, as defined in section
| No. 1, it shall adjudge forfeited so much
| thereof as the court shall find was such
common nuisance, and shall order the Of
| ficer in whose custody it is to sell the
same publicly, and said officer shall cause
notice to be given by publication for at
| least two weeks in the official city paper
| of the time and place of the sale of said
| property and shall file in said court his
return showing the sale of said property
and the amount received therefor and shall
pay the same into court to await the order
| of the court The court, If it approves
| such sale, shall declare forfeited the pro-
ceeds of such sale and shall order the
money received for said property at said
sale paid into the General Fund of the
city after paying out of the proceeds of
costs of sale and the keeping and mainte-
nance of said property. All Intoxicating
or other property seized together with the
bottles, jugs and vessels containing the
same shall be ordered destroyed in the
same manner and upon the findings as
provided in Section 8 of Ordinance No.
1855 of the City of Topeka.
Section 8. Either the city or any de-
PENDANT or any person claiming the prop
erty seized or any interest therein may
appeal from the judgment of the police.
court in any such proceedings against the
property seized in the manner provided
! for taking appeals in criminal cases. ANY
claimant Of such property who appeals. in
order to stay proceedings must enter into
an king with two or more sure
ties to the City of Topeka TO be approved
by the Police Judge, in the sum of not
less than one hundred dollars (S1O0) nor
/ less than double the amount of the value
of said property as fixed by the court and
the costs adjudged against said property,
conditioned that he will prosecute his APP
peal without unnecessary delay, and if
! judgment be entered against him on appeal
/ he will satisfy the. Judgment and costs, and
no bond shall be required for appeal
| by the city, and such appeal shall stay tho
execution Of the judgment
Section G. This ordinance shall not be
construed as affecting in any way any ex-
/ listing ordinance relating to the seizure
and destruction of intoxicating liquors and
other property, and shall not be construed
as repeating any existing ordinance rela-
tive to intoxicating liquors, bL$ shall be
construed as supplemental to rlse ordi
RANGES now in force relatin2 70 inte-icssss.
Section 4 This ord1&snce shall take eff
feet and be in force from and after its pub
LEGATION in the official city paper.
Passed the Board of Commissioners,
January 10, 1922.