274
<br />Nothing herein contained shall be construed to permit the issuance of general
<br />warrants whereby an officer may be commanded to searchosuspected places without evidence
<br />of a fact committed, or to seize any ,)erson or persons not named, or whose offense is
<br />not particularly described and supported by evidence.
<br />Jew 14.y The police justice shall have original jurisdiction for the trial of all case8
<br />arising under this ordinance, with the right of appeal to the defendant to the Corpora,
<br />tion Court.
<br />scc, 15.1 Upon such appeal being taken the defendant shall be required to enter into a
<br />recognizance in the penalty and with security to be approved bythe said justice, to-,ap_
<br />pear before the next term of the Corporation Court. All :nater ial witnesses shall also
<br />be recognized with or without security, as the justice may deem proper at the next term
<br />of the Corporation Court, to give evidence, and if the person so charged shall have been
<br />previously convicted of the violation of this ordinance, thejustice may require of the
<br />person so charged to give bond with penalty and security, to be approved by said justice,
<br />conditioned that he will not violate any of the provisions of this ordinance, until the
<br />charge against him has been tried or dismissed, and upon failure to give such bond, he
<br />skull be coinmitted to jail until the bond is given, or he is diKcharAed by the Court,
<br />Secy it shall be unlawful for any person knowingly to resist, impede or obstruct,
<br />or in any manner to hinder or delay any legal officer having in his hand any search
<br />warrant, issued by any officer of the City having the right to issue the same, under the
<br />provisions of this ordinance, in the execution of such warrant.
<br />Any person so resisting, impeding, obstructing, or in any way hindering or
<br />delaying any officer in the execution of a legal search warrant in his hands shall be
<br />guilty of a misdemeanor.
<br />Secs, Nothing in this ordinance shall interfere with the jurisdiction of courts, as
<br />it at nresent exists, for the trial of criminal cases without a jury.
<br />Sec. 1. Whenever ardent spirits shall be seized in any room,building, car, or other
<br />place, searched under the provisions of this ordinance, the finding of such ardent spirits
<br />or of a United States Liquor Dealer's Tax Receipt in any such place, shall be prima facie
<br />evidence of the unlawful manufacturing, selling, keeping and storing for sale, gift, or
<br />use by the person or persons occupying such premises, or by any person named in any
<br />United States Internal Revenue Tax Receipt posted in any room )r found anywhere on said
<br />premises, or else here,and the proprietor or other Verson in charge of the premises where
<br />such ardent spirits are found, )r who is so named in such United States government tax
<br />receipts, shall be tried on the charge of manufacturing, selling and keeping and storing
<br />for sale unlawfully.
<br />Sag j-19, person who shall take a drink of ardent spirits or shall offer a drink to
<br />another,whether accepted or not, in any railroad station, or in any day coach, or pull -
<br />man car, or on any passenger train, or in anystreet car, hack or jitney, or other public
<br />conveyance, or automobile, or in any street, ;r alley, highway or in any other public
<br />place,whether of like kind or not or any person in charge of or employed in connection
<br />with any car, boat, hack, ,jitney, or other public conveyance or automobile, who shall
<br />procure for or assist in procuring, or who shall give any information or direction by
<br />which any person may secure ardent spirits in violation of this ordinance, shall ae guilty
<br />of a misdemeanor, and upon conviction, shall be fined not less than ten nor more than one
<br />hundred dollars.
<br />Sec, 20, It shall be unlawful for any person to give ardent spirits to any person of in*
<br />temperate habits or addicted to the use of any narcotic drug, or for any person, except
<br />a parent or guardian, to give any ardent spirits to a minor, except on the pres3crintion
<br />of a physician, or to send a mirror or a female to obtain ardent spirits.
<br />Any ners3on of intemperate habits or addicted to the use of any narcotic drug,
<br />found to be intoxicated or under the influence of ardent :spirits, or any narcotic drug,
<br />shall be corm�elled in any proceeding had under this ordinance to disclose from whore he
<br />has received ardent spirits or drug. For a failure or refusal to make such disclosure
<br />he shall be guilty of contempt and shall be fined not less than five dollars nor more
<br />than fifty dollars and be committed to the jail for a period not exceeding thirty daye.
<br />It shall be R misdemeanor for any mirror to have ardent spirits in his possession
<br />or under his control. whether belonging to himself or another, and upon conviction, he
<br />shall be fined not less than ten nor more than five hundred dollars, A,nd, in the discretian
<br />of the Justice or Court, he may be sentenced to jail for not less than one nor more than
<br />six months. And it shall appear in any prosecution, under this section, that such minor
<br />is acting as the agent of another person, or under his influence or control or by hie
<br />direction, :such person shall be deemed guilty of a inisderneanor4
<br />S ' If any section or provision of this ordinance, or any hart of any ssection,rsha11
<br />_..,.t •
<br />be declared unconstitutional -by the Supreme Court of Appeals of Virginia, or the Sup tional,
<br />Court of the United States, or the Corporation Court, the part so declared uncoontorupart
<br />shall cease to be operative, but the remainder of the ordinance and every sects
<br />thereof not so declared uneonsitutional Shall continue to be the law of the City
<br />tion
<br />drunk enough nner►
<br />h ardent spirits to so affect his madlepation
<br />Sec. 2�. Any person who has dru r'3 p obser
<br />speech, muscular movement, general appearance or behavior, as to be apparent to con'
<br />shall be deemed for the purpose of this ordinance to be intoxicated, and if he 1311,111con'
<br />roduce
<br />tinue to use ardent spirits as a beverage during the period of one year, so as t0 ptn'
<br />wi
<br />the above results from time t) time, he sht�ll be deemed a person of intemperate habits
<br />in the meanint; of this ordinance.
<br />enter.
<br />�� Any bell boy, elevator boy, or employee of any hotel or place of Public any ire
<br />tainment in this Cit who shall procure or assist in -procuring, or who shall g gat
<br />City ri
<br />formation or direction to any guest or patron of such hotel or house of public or p t
<br />n
<br />entertainment, or other person, by which said guest or other Person may secure andeifty
<br />spirits, shall, upon conviction thereof, be fined not less than ten nor more than one nor
<br />dollars and be confined in ,jail or committed to the reformatory for not les
<br />ne
<br />more than six months.
<br />this
<br />S24, Any proprietor of any Hotel or house of public or private entertainment In who
<br />who shall knowingly perrait any bell boy, elevator boy, or other. employee t°ent
<br />lchrd td at
<br />city*,
<br />shall himself procure ardent spirits for, or give direction and i.nformationbYnotifiedn�e,
<br />spirits can be secured by any guest, patron or other person, or who when duly. dlna
<br />any employee has been convicted of a violation of any of the provisions of this, or r,eof
<br />shall fail at once to discharge said ernpl Dyee De.-Mnanently, shall upon convictionyhsub•
<br />be fined not less than one hundred nor more than five hundred dollars, and for a
<br />
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