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Session Laws, 1941
Volume 582, Page 247   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 247

the officer taking the same shall post in a conspicuous place
on said premises or at or near the location of the place or
thing searched 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, and make return of his doing thereto. Where-
upon it shall be the duty of the Justice of the Peace or court
to fix a time for the hearing and determine 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 or at
or near the location of the place or thing searched where
the liquors were found. If no one appears at the time fixed
for said hearing, nor within thirty 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 or disposed of.

114. No warrant shall be issued to search any residence
accepted as such, unless it or some part of it is used as a
store or shop, hotel, restaurant or boarding house, or unless
such residence is a place of public resort, or unless such res-
idence is utilized as a place for keeping, storing, hiding,
secreting or furnishing or handling any intoxicating liquor,
in any quantity, intended or for the purpose of sale or dis-
position otherwise contrary to this sub-title or contrary to
law; provided, nevertheless, if the Justice of the Peace
shall, after an examination 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, may, in his discretion, issue the warrant as
hereinbefore provided, for the searching of such a resi-
dence.

115. The person making affidavit for the warrant to
search any place or thing where intoxicating liquor is
believed to be disposed of, kept, stored, deposited, hidden,
secreted, handled or furnished contrary to this sub-title,
may personally or by agent accompany the officer who
serves the warrant and point out and enter the place or
thing with such officer and give information and assist-
ance to such officer in searching such place, house or thing
for such intoxicating liquor.

116. Liquor seized as hereinbefore provided, and the
means used for the sale of the same, shall not be taken from
the custody of the officer by a writ of replevin or other
process while the proceedings herein provided are pending;
and final judgment of conviction in such proceedings shall
be in all cases a bar to all suits for the recovery of any

 

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Session Laws, 1941
Volume 582, Page 247   View pdf image (33K)   << PREVIOUS  NEXT >>


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