|
273
<br />( Conti rued )
<br />Any violation of any provf sicri of tti^is section of trig ordinance scall be punished
<br />by a fine of not less than fifty nor more than five hundred dollars; to wbich may be
<br />added, in the discretion of the Court or Judge tryirp the ease, imprisonment in ,jail
<br />for not more than six months.
<br />Sec. 12. It shall be unlawful for any person except duly licensed dYupprists, bosr-.itals
<br />and laboratories, in 0 -,is city, to own or to rave in his possession any still, still
<br />cap, worn, tub, fermenter, or any of thea or any otter appliances connected with 4
<br />still and used, or mash, or other substances, capable of beim► used ir the manufacture
<br />of ardent spirits, unless suer owner shall be registered with the cormrissioner and
<br />obtain from him a permit to own sitch still, as provided by the laws of 'Tirginia, which
<br />permit shall he kept conspicuously pust.ed at the place where suc}, still is located.
<br />All stills in tris City not registered under a permit as herein required and a'l mash
<br />or other prodeute used in the operation of such a still are hereby declared contra-
<br />band: and shall be sui-,Ject to seizure by any officer charged with the enforcement of
<br />the law, which officer shall destroy all mash and other like products found at such
<br />still and used in the operation thereof and shallfortbwith notify the commissioner
<br />and turn over to him all still cans, worms, tubs, fermenters and other appliances
<br />to be d isr: owed of as required by tris ordinance.
<br />When any property is seized under this section, the officer makinrr such,
<br />seizure shall rei)ort the fact to the Commonwealth r s Attorney of the City, who shall at
<br />once file an information in the Corporation Court of the City in the name of the City
<br />against said property, by name or general designation. Tre irformation shall allege
<br />the seizue, and set forth in gene"al terns the cause or grounds of forfeiture.
<br />It shall also pray that the prol,erty be conderined and sold and the proceeds disclosed
<br />of according to law, and teat al" ;persons concerned in interest be cited to appear
<br />and show cause why said property should not be condemned and sold to enforce the
<br />forfeiture: said information shall be sworn to by the Commonwealth's Attorney.
<br />Ui.on the filing of the information, the Clerk shall issue a notice reciting briefly
<br />tl-e filing of the information, t',e object thereof, the seizure of the property, and
<br />citing all persons in !,erested to appear on tl^e first day of the next term of said
<br />Court, if that be more than t en days from tl^e; date of such notice, or, if not, on the
<br />first day of the next succeeding term, and show cause why the prayer of the information
<br />fur cundernaticn and sale should not be F -ranted. r'e shall at least ten save before
<br />the day fixed by the notice for Ole appearance, Post a cony of said notice at the
<br />front door of the Court "ousel wlicli postinP shall be sufficient service of the notice
<br />on all persons concerned ir. interest.. If any clairnart app(:ar, he shall file the
<br />grounds of his claim in writinP under oath, in which event the procendinFrg shall
<br />conform as nee.rly as practicable to Charter 131 of t -e Code of Virginia of 1919.
<br />In the event any such claimant appear, the Clerk shall forthwith notify the commissioner.
<br />SPe.l). All ardent al:irits and onto -.vers in whic), ardent spirits are manufactured,
<br />keT,t, stored, Possesse=d, sold or in any mariner used it violation of the provisions
<br />of this ordinance eliall be deemed contraband and shall be forfeited to 0-e City,
<br />provided the , rovisicne of tl-,is ur.dinance shall have no application to ardent spirits
<br />stored in a bona fide home Ardor to 1lovember 1,1916; or to ardent spirits acquired in
<br />accordance with the I.ruvisions of C' -anter 146 of the Acts of Assembly of virPinia,
<br />ar;r.roved arc'10,1915 , and amendments t1he reof, so long as the same shall not be used
<br />in violation (jf the provisio-is of this ordinance.
<br />If there bi; co, -plaint on uath t1+at ardent spirits aru being rianu"actured,
<br />sold, kept, stored, or in any manner 'held, used or concealed in a particular home,
<br />or other place, in violation of law, the justice of the peace, police justice, or
<br />Judge of the Corporation Court of t),e City of Charlut;tesville, to whom complaint is
<br />made, if satisfied that here is a resonable cause for such belief, shall issue: a
<br />warrant to search such ot
<br />house or her place for t'he ardent spirits: provided, +hat no
<br />i3vOl warrant shall issue unless and until the rrovisions of Chapter 345 of Acts of
<br />Assembly of 1920, requirtrip an affidavit, have been complied with.
<br />Every searcl, warrant shall be directed to an officer charged with the enforcement
<br />of this ordinance, and shall command him tJ search the place desi7ne,ted, either in
<br />eiay or rijr" t, and seize such ardent spirits and their containers and other articles
<br />used in viulatiein of law, and brirnp the same and the person in whose possession the�
<br />are found before the ;)ulice justice of the City, and to make return uf said warrant
<br />showing all acts grid Vnings dune t�ner�eunder, with a Inarticular eta
<br />te3^►:nt of the thinrts
<br />B
<br />eized and the name of the person in wbuse Puaseraaion trey w©re found, if any, and
<br />If no purson be found in puBsession of said articles, the return shall. so state.
<br />Upon the rl:t:rn of the warrant as provided in this section, the said f)Qlice
<br />justice shall `'ix a tune nut less than ten days and nut more than thirty days there-
<br />after, for the bearing of said return, ;Oben he shall proceed to r ,gar and d ett;rr►►ine
<br />whot?ner or nut the articles so seized, or any part thereof, were used or in any manner
<br />kept, stored or possessed in violation of any of the provisions of t)nis ordinance.
<br />At such hearing if no claimant shall appear, the police justice scall, declare the
<br />articles seized forfeit„;d to tre City, and if suc articles be not necessary as
<br />evidenca in any nending prose ett•ion, trey shall be dis; osed of accordin(* to law.
<br />At sue'^ hearing any person claiming a►ly interest in any of the artciles saized may
<br />appear and file a written claim sett.inr forth particularly tl^e character and extent of
<br />his interest,wberour)ori if the trial be befora the police justice, 'he shall forthwith
<br />certify the warrant arO the articles seized along wits the claims filed to the
<br />Corporation Co>>rt, whic'h coilrt shall docket the case, but any prosecution pending
<br />a;ain Bt any pearsun for a violation of tM e ordinance in relation to said ardent spirits,
<br />shall have precedlince on the docket of suc'h Court. Ther. eut)on, the Court shall rear
<br />and detsr►nine the validity of such claim. But upon such '„earinq the affidavit upon
<br />which the sears'^ warrant was issued and t'he possession of such ardent spirits shall
<br />constitute prima facia evidence of the contraband character of the liquor and articles
<br />seized, and the burden wall rest upon tv►e claimant to show, by co�rpete;nt evidence,
<br />his property right or inter,, st in the articles claimed, and the same were not kept ,
<br />stored or pusse8sed, or in any manner used in violation of any of the provisions of
<br />this ordinance. If, upon such hearing, the evidence warrants, the Court shall trere-
<br />upon enter a judgement of forfeiture and order t'le ar•ticleas so seized to be disposed
<br />of as requi r d by law. Action under this section and the forfeiture of any articles
<br />thereunder shall not be a bar to any prosecution under any provision of tris ordinance.
<br />If any person shall knowingly and wilfully. mak(: any false complaint under
<br />this section, be shall be guilty of a misdemeanlr. and fined nut less than fifty nor
<br />more than two hundraiad dollars for eac”, offense.
<br />
|