Page:United States Statutes at Large Volume 41 Part 1.djvu/336

SIXTY-SIXTH CONGRESS. Sess. I. Ch. 85. 1919. 315 For removing and selling property in enforcing this Act the officer a,,E¤*;,*°¤¤¤¤*°¤¤*s¤¤ Shall be entitled, to charge and receive the same fee as the sheriff of the °w ` county would receive for levying upon and selling property under execution, and for closing the dpremises and keeping them closed a reasonable sum shall be a lowe by the court. Any violation of this title upon any leased remises by the lessee F°"°““'°°"°“°°· or occupant thereof shall, at the option of the lessor, work a forfeiture of the lease. Sec. 24. In the case of the violation of any injunction, temporary lngmidgmxilblatilihojgaiidnz or permanent, granted pursuant to the provisions of this title, the l““°“°“· court, or in vacation a judge thereof, may summarily try and punish the defendant. The proceedings for lpunishment for contempt shall be commenced bg filing with the cler of the court from which such injunction issue information under oath setting out the alleged facts constituting the violation, whereupon the court or judge shall forthwith cause a warrant to issue under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may demand the (production and oral examination of the witnesses. Any person foun guilty of contempt under the provisions of this rimisumem. section shall be punished by a fine of not less than $500 nor more than $1,000, or y imprisonment of not less than thirty days nor more than twelve months, or by both Hne and imprisonment. P i fu W Sec. 25. It shall be unlawful to have or possess any liquor or emfiiiiilgiluili q ' prolperty designed for the manufacture of liquor intended for use in vio ating this title or which has been so used, and no property rights shall exist in any such liquor or property. A searc warrant may ,,ff,.‘,{",,§, ‘“‘ ”‘“°" issue as provided in Title §I of pu lic law numbered 24 of the Sixty- Vol. 40, p- vw. fifth Congress, approved June 15, 1917, and such hquor, the containers thereof, and such property so seized shall be subject to such disposition as the court may make thereof. If it is found that such g£§‘§§‘n°?‘§'§,_" m" liquor or roperty was so unlawfully held or possessed, or had been _ so unlawfiilly used, the liquor, an all property designed for the unlawful manufacture of liquor, shall be destrlolyed, unless the court shall otherwise order. No search warrant sh issue to search any a,g’,{{"gf)*;,j*' °" plrivate dwelling occupied as such unless it is being used for the unwful sale of intoxicating liquor, or unless it is in part used for some E¤°°P“°¤- business purpose such as a store, shop saloon, restaurant, hotel, or sesame mm In boarding house. The term "private dwelling" shall be construed **°°°'¤ *¤°'“°°"· to include the room or rooms used and occupied not transiently but solely as a residence in an aputment house, otel, or boarding house. The property seized on any such warrant shall not be taken from ,,,§,°,,,"‘{‘*,,,l’}‘g",,,g',§i',,_’°‘ the officer seizing the same on any writ of replevui or other like PYOOQE. . . i . . . Seizure of liquor; Sac 26. When the commissioner, his assistants, mspectors, or any md v.noa,.a.,m.. officer of the law shall discover any person in the act of transgirting ¢*“Y °°'”*"‘ ”°“°”· in violation of the law, iI1¤0X1¤¤t·m8 1¤l“°¤! m VW w'%¤¤ . llgg-Yr automobile, water or air craft, or other vehicle, it shall _ his uty to seize any and all intoxicating hquors found therem being tramported contr to law. Whenever intoxicating liquors transported or possessed Egally shall be seized by an officer he shall take possession of the vehicle and team or automobile, boat, air or water craft, or any other conveyance, and shall arrest any person in charge mw"` tlwreof. Such officer shall at once proceed against person anpcsted under the provisions of this title m any court havmgaeompetent hmmm mm 0, Jurisdiction; but the said V8h1Cl6_01' oouveymwé 1'¤W1'!§¤d v¤¤¤¤*·=»·¤=- to the owner upon execution by him of a agood and valid bond, with Sufficient sureties, in a sum double the v ue of the ropertyhwluch said bond shall be approved by said omcer shelf be conditioned to mmm tg. the of Bald 0m@r on tha of pggqeugotliqunr trial to abide the judgment of the court. _ The court upon conviction, g¤°g¤;,gg*•¥·¤¤• of the person so arrested shall order the liquor destroyed, and uulel.