5034 ARTICLE 23.

ance, to enter into —————— (here describe the house or place described
in the affidavit) of the said —————— of ————— in the county aforesaid,
and there diligently search for the said intoxicating liquor and means
used for the sale of same (here describe the articles as in the affidavit),
and that you bring the same, or any part thereof, found in such search
forthwith before me to be disposed of and dealt with according to law.
Given under my hand this —————— day of —————— A. D. ——————.
——————, Such liquor and means used for the sale of the same shall be
held subject to the order of the justice of the peace or court issuing the
warrant to be used as evidence in the prosecution of any case for the viola-
tion of this Act. (C) If fluids be poured out or otherwise destroyed when
the premises are searched or about to be searched, said fluids shall be held
prima facie to be intoxicating liquor and intended for sale in violation of
this Act. (D) If upon final judgment of the justice of the peace or court,
the accused shall be found guilty, the intoxicating liquor seized from him
shall, after the time for appeal has expired and if no appeal is taken, be
ordered to be destroyed, and the other property shall be held as the prop-
erty of the accused or owner. If the accused shall be found not guilty,
the whole of the property seized shall be returned to the person from which
it was taken. (E) When any liquor shall have been seized by virtue of
such warrant, the same shall not be discharged or returned to any person
claiming the same by reason of any alleged insufficiency in the description
in the complaint or warrant of the liquor or place, but the claimant shall
be entitled to a hearing when the case is tried. (F) If no one is found
in possession of the premises where intoxicating liquor may be found, the
officer taking the same shall post in a conspicuous place on said premises
a copy of his warrant, and take possession of such liquor and means used
for the sale of the same, and hold them subject to the order of the court
or justice of the peace issuing the warrant and make return of his doings
thereto. Whereupon it shall be the duty of the justice of the peace or
court to fix a time for hearing and determining the purpose for which
such liquor is kept, and issue a notice thereof to the officer, who shall post
a copy thereof on the premises where the liquors were found. If no one
appears at the time fixed for said hearing, nor within thirty days there-
after to claim such liquor and means used for the sale of the same, the
justice of the peace or court shall order the same destroyed. (G) No war-
rant shall be issued to search a private residence accepted as such unless
it or some part of it is used as a store or shop, hotel or boarding house,
or unless such residence is a place of public resort; provided, nevertheless,
if the justice of the peace or judges of the court shall, after an examina-
tion of the party making the oath or after taking such other proof as may
be produced, deem it proper to issue such warrant, then the said justice
of the peace or the judge of the court may, in his discretion, issue the
warrant as hereinbefore provided, for the searching of a private residence.
(H) The person making affidavit for the warrant to search any place
where intoxicating liquor is believed to be disposed of contrary to this
Act, may personally or by agent accompany the officer who serves the war