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Sequent offense shall be fined not less than one hundred dollars nor more than five
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<br />hundred dollars and be confined in jail not less than one nor more than six months.
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<br />Sec. 25. It shall be the duty of the Chief of Police and all police officers, the
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<br />mayor, justice of the peace, police justice and attorney for the Commonwealth to
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<br />enforce all the provisions of this ordinance, and it shall be the duty of the Common-
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<br />wealth's Attorney to prosecute all cases arising under this ordinance. It shall not be
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<br />the duty of the City Attorney to prosecute these cases.
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<br />All officers allowed fees for the trial, prosecution or conviction, or both,
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<br />of cases arising under Chanter 388 of the Acts of the General Assembly of Virginia for
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<br />the year 1913, and amendments thereot, shall be allowed the same fees for such prose-
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<br />cution or conviction under this ordinance as are allowed in said Chapter 388, and
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<br />any amendments thereof, and to be chargeable against the defendent and not against the
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<br />City.
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<br />Sec. 26. When any officer charged with the enforcement of this ordinance shall have
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<br />reason to believe that ardent spirits are being transported in any wagon, buggy, auto-
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<br />mobile or other vehicle, whether of like kind or not, contrary to law, he shall have
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<br />the right and it shall be his duty to obtain a warrant to search such wagon, buggy,
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<br />automobile or ether vehicle, and to seize any and all ardent spirits found therein
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<br />which are being transported contrary to law. Whenever any ardent spirits which are
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<br />being illegally transported, or are being transported for an illegal use, shall be
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<br />seized by an officer of the pity of Charlottesville, he shall also take possession of
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<br />the vehicle and team, or automobile, or any other conveyance, other than a conveyance
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<br />owned and used by a railroad, steamboat or express company, in which such liquor shall
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<br />be found, and turn the same over to the Sergeant of the City, and such vehicle and team,
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<br />automobile, or other conveyance shall be forfeited to the City; and shall report the
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<br />seizure to the Attorney for the Commonwealth of the City, and to the Commissioner, in
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<br />writing, and the Attorney for the Commonwealth shall file an information in the Corpo-
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<br />ration Court of Charlottesville, in the name of the City against such vehicle and team,
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<br />automobile, or other conveyance by name or general designation. The information shall
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<br />allege the seizure, and set forth in general terms the cause and grounds of forfeiture.
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<br />It shall also pray that the property be condemned and sold and the proceeds disposed
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<br />of accoring to law, and that all persons concerned in interest be cited to appear and
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<br />show cause why the said property should not be condemned and sold to enforce the
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<br />forfeiture, which information shall be sworn to by the Attorney for the Commonwealth.
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<br />Upn the filing of the infomation, the Clerk of the Court shall forthwith issue a
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<br />notice reciting the filling of the information, the object thereof, the seizure of the
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<br />property and citing all persons concerned in interest to appear on a specified day of
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<br />the next term of the Court, after, the publication of said notice, and show cause why
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<br />the prayer of the Information for condemnation and sale should not be granted a copy
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<br />of which said notice small be posted at the front door of the Court House by the
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<br />Sergeant of the City and publislied by him in some newspaper published in the City
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<br />at least five days before the ruturn day of such, notice, which said publication shall
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<br />be sufficient service of notice on all parties concerned in interest. Provided that
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<br />any person claiming an interest therein may five a fort coming bond, in amount double
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<br />the value of the property so seized, conditioned that the vehicle anti team, automobile,
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<br />or other conveyance will be forthcoming in compliance with any order of the Court,
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<br />and to pay all costs and fees incident to such seizure.
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<br />Any person interested may appear and be made a patty defandent and make defense
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<br />to the information, which must be done by answer under oath, and the proceedings shall
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<br />conform as nearly as possible to Chapter 131 of the Code of Virginia, of 1919.
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<br />Whenever it shall appear to the satisfaction of the Court from the evidence that
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<br />the owner or lienor of such vehicle, automobile or other conveyance was ignorant of
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<br />the illagal use to which the same was put, and that such illegal use was without his
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<br />connivance or consent, expressed or implied, such Court shall have the right to relieve
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<br />such owner or lienor from the forfeiture herein provided (Acts of Assebly 1920,p 427
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<br />last part of first paragraph on that paue).
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<br />It shall not be a ground of defense that the person or persons by whom said property
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<br />was used in violation of law had not been convicted of such violation; and the informa-
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<br />tion shall be independent of any proceedings aganist such person or persons or any
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<br />other for violation of law.
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<br />Sec. 27. All warrants issued under this ordinance for the search of any automobile,
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<br />conveyance or vehicle, whether of like kind or not, or for the seach of any trunk,
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<br />grip, or other articles of baprrage, whether of like kind or not, for ardent spirits,
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<br />may be executed in tris city, and shall be made returnable before the Police Justice
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<br />of the City.
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<br />Sec. 28. In a warrant for the violation of any pruvision of this ordinance, as to a
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<br />sale or gift of ardent spirits, shall not be necessary to allege a sale or gift of
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<br />ardent spirits to a particular person, and it shall be sufficient for the conviction
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<br />of the accused to prove a sale or gift contrary to law, within one year prior to the
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<br />finding of such indictment.
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<br />Sec. 29. When in any case prosecuted under this ordinance, the accused claims the
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<br />benefit of any exception in or to any section of this ordinance, or of the Acts of 1915,
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<br />or amendments therf,-to, or the Volstead Act, the burden shall be upon him to prove that
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<br />he comes within the exception.
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<br />Sec. 30. Nothing in this ordinance shall prevent one, in his own home, from having and
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<br />there giving to another ardent spirits when the quantity of such, ardent spirits is
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<br />not enuught to produce intoxication and when the quantity of ardent spirits in the
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<br />Possession of the person giving it shall not exceed the quantity allowed by this
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<br />ordinance, to be kept in his home; and such gift is in no wise a shift or device to
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<br />evade the provisions of this ordinances but the word "home" as used herein shall be
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<br />the parmanent residence of the person and his family, not including; the curtilageor
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<br />outbuildings, and mall not, be construed to include a rooming house, a club, fraternity
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<br />house, lodge, room or ruorns or place of common resport, or room of a guest in a hotel
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<br />or boarding house or apartment house.
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<br />Sec. 31. The possession by any person in his home of more than one gallon of distilled
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<br />liquors, wine or malt liquor at any one time, shall, in any proceeding or prosecution
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<br />under this ordinance, be prima facia evidence that such person possesses such ardent
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<br />spirits for the purpose of sale, provided that it still be lawful for any person to
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<br />carry to his home any ardent spirits that have been lawfully delivered to him by a
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<br />druggist or physician.
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