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Session Laws, 1916
Volume 534, Page 187   View pdf image (33K)
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EMERSON C. HARRINGTON, GOVERNOR. 187

(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 insuffi-
ciency 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 thereon. Whereupon it shall be the
duty of the Justice of the Peace or Court to fix the 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 (30) days thereafter 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 warrant shall be issued to search private residence
occupied 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.

(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 served the warrant and enter the place with
such officer and give information and assistance to such officer
in searching such place for such intoxicating liquor.

(I) Liquor seized as hereinbefore provided, and the means
used for the sale of the same, shall not be taken from the cus-
tody of the officer by a writ of replevin or other process while
the proceedings herein provided are pending; and final judg-
ment of conviction in such proceedings shall be in all cases a
bar to all suits for the recovery of any liquor seized or the
value of the same, or for damages alleged to arise by reason
of the seizing and detention thereof.

(K) When any prosecution is commenced before any Jus-
tice of the Peace or Court for a violation of this Act and the
liquor seized under this section is to be used as evidence in
such trial, the hearing must take place in not more than thirty

 

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Session Laws, 1916
Volume 534, Page 187   View pdf image (33K)
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