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( Continued )
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<br />Any violation of any provisions of this section of this ordinance shall be punished
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<br />by a fine of not less than fifty nor more than five hundred dollars; to which may be
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<br />added, in the discretion of the Court or Judge trying the ease, imprisonment in jail
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<br />for not more than six months.
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<br />Sec. 12. It shall be unlawful for any person except duly licensed druggist, hospitals
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<br />and laboratories, in this city, to own or to rave in his possession any still, still
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<br />cap, worn, tub, fermenter, or any of thea or any otter appliances connected with a
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<br />still and used, or mash, or other substances, capable of being used in the manufacture
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<br />of ardent spirits, unless such owner shall be registered with the cormrissioner and
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<br />obtain from him a permit to own such still, as provided by the laws of Virginia, which
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<br />permit shall he kept conspicuously posted at the place where such, still is located.
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<br />All stills in this City not registered under a permit as herein required and all mash
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<br />or other prodeute used in the operation of such a still are hereby declared contra-
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<br />band: and shall be subject to seizure by any officer charged with the enforcement of
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<br />the law, which officer shall destroy all mash and other like products found at such
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<br />still and used in the operation thereof and shall fortwith notify the commissioner
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<br />and turn over to him all still cans, worms, tubs, fermenters and other appliances
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<br />to be disposed of as required by this ordinance.
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<br />When any property is seized under this section, the officer making such,
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<br />seizure shall report the fact to the Commonwealths Attorney of the City, who shall at
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<br />once file an information in the Corporation Court of the City in the name of the City
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<br />against said property, by name or general designation. The irformation shall allege
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<br />the seizue, and set forth in general terns the cause or grounds of forfeiture.
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<br />It shall also pray that the property be conderined and sold and the proceeds disclosed
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<br />of according to law, and that all persons concerned in interest be cited to appear
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<br />and show cause why said property should not be condemned and sold to enforce the
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<br />forfeiture: said information shall be sworn to by the Commonwealth's Attorney.
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<br />Upon the filing of the information, the Clerk shall issue a notice reciting briefly
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<br />the filing of the information, the object thereof, the seizure of the property, and
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<br />citing all persons interested to appear on the first day of the next term of said
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<br />Court, if that be more than ten days from the date of such notice, or, if not, on the
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<br />first day of the next succeeding term, and show cause why the prayer of the information
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<br />for condemnation and sale should not be granted he shall at least ten save before
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<br />the day fixed by the notice for the appearance, post a copy of said notice at the
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<br />front door of the Court House whcih posting shall be sufficient service of the notice
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<br />on all persons concerned in interest. If any claimant appear, he shall file the
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<br />grounds of his claim in writing under oath, in which event the proceding shall
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<br />conform as nearly practicable to Charter 131 of the Code of Virginia of 1919.
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<br />In the event any such claimant appear, the Clerk shall forthwith notify the commissioner.
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<br />Sec. 13. All ardent spirtits and ontainers in which ardent spirits are manufactured,
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<br />kept, stored, possessed, sold or in any manner used it violation of the provisions
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<br />of this ordinance shall be deemed contraband and shall be forfeited to the City,
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<br />provided the provisions of this ordinance shall have no application to ardent spirits
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<br />stored in a bona fide home prior to November 1,1916; or to ardent spirits acquired in
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<br />accordance with the provisions of Chapter 146 of the Acts of Assembly of Virginia,
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<br />approved March 10, 1916 and amendments thereof, so long as the same shall not be used
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<br />in violation of the provisions this ordinance.
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<br />If there be complaint on oath that ardent spirits are being manufactured,
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<br />sold, kept, stored, or in any manner held, used or concealed in a particular home,
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<br />or other place, in violation of law, the justice of the peace, police justice, or
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<br />Judge of the Corporation Court of the City of Charlottesville, to whom complaint is
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<br />made, if satisfied that here is a resonable cause for such belief, shall issue: a
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<br />warrant to search such house or other place for the ardent spirits provided, that no
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<br />such warrant shall issue unless and until the rrovisions of Chapter 345 of Acts of
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<br />Assembly of 1920, requirtrip an affidavit, have been complied with.
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<br />Every search, warrant shall be directed to an officer charged with the enforcement
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<br />of this ordinance, and shall command him to search the place designed, either in
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<br />day or night, and seize such ardent spirits and their containers and other articles
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<br />used in viulatiein of law, and brirnp the same and the person in whose possession the
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<br />are found before the police justice of the City, and to make return of said warrant
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<br />showing all acts and things done thereunder, with particular statement of things
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<br />seized and the name of the person in whose possession they were found, if any, and
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<br />If no person be found in possession of said articles, the return shall so state.
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<br />Upon the return of the warrant as provided in this section, the said police
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<br />justice shall fix a time not less than ten days and not more than thirty days there-
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<br />after, for the bearing of said return, when he shall proceed to hear to hear and determine
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<br />whether or not the articles so seized, or any part thereof, were used or in any manner
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<br />kept, stored or possessed in violation of any of the provisions of this ordinance.
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<br />At such hearing if no claimant shall appear, the police justice shall, declare the
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<br />articles seized forfeiitrf to the City, and if such articles be not necessary as
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<br />evidence in any pending proscution, they shall be disposed of according to law
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<br />At such hearing any person claiming aby interest in any of the artciles seized may
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<br />appear and file a written claim setting forth particularly the character and extent of
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<br />his interest, whereupon, if the trial be befora the police justice, he shall forthwith
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<br />certify the warrant and the articles seized along wits the claims filed to the
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<br />Corporation Court, which court shall docket the case, but any prosecution pending
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<br />against any person for a violation of this ordinance in relation to said ardent spirits,
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<br />shall have precedlince on the docket of such Court. Thereupon, the Court shall hear
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<br />and determine the validity of such claim. But upon such hearing the affidavit upon
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<br />which the search warrant was issued and t'he possession of such ardent spirits shall
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<br />constitute prima facia evidence of the contraband character of the liquor and articles
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<br />seized, and the burden shall rest upon the claimant to show, by competent evidence,
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<br />his property right or interest in the articles claimed, and the same were not kept ,
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<br />stored or possessed, or in any manner used in violation of any of the provisions of
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<br />this ordinance. If, upon such hearing, the evidence warrants, the Court shall there-
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<br />upon enter a judgement of forfeiture and order the articles so seized to be disposed
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<br />of as required by law. Action under this section and the forfeiture of any articles
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<br />the reunder shall not be a bar to any prosecution under any provision of tris ordinance.
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<br />If any person shall knowingly and wilfully make any false complaint under
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<br />this section, be shall be guilty of a misdemeanlr and fined not less than fifty nor
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<br />more than two hundred dollars for each offense.
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