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<br />Sequent offense shall be fined not less than one hundred dollars nor more than five
<br />hundred dollars and be confined in jail not less than one nor more than six months.
<br />S It shall be the duty of the Chief of Police and all police officers, the
<br />mayor, justice of the peace, police justice and attorney for the Commonwealth to
<br />enforce all the provisions of this ordinance, and it shall be the duty of the Common-
<br />wealth's Attorney to prosecute all cases arising under this ordinance. It shall net be
<br />the duty of the City Attorney to prosecute tAese cases.
<br />All officers allowed fees for the trial, prosecution or conviction, or both,
<br />of cases arising under Chanter 388 of the Acts of the 'eneral Assembly of Virginia for
<br />the year 1913, and amendments thereot, shall be allowed the same fees for such prose-
<br />eutionX or conviction under this ordinance as are allowed in said Chapter 388, and
<br />any amendments thereof, and to be chargeable against the defendent and not against the
<br />City.
<br />S@ .26. When any officer charged with the enforcement of this ordinance shall have
<br />reason to believe that ardent spirits are being transported in any wagon, buggy, auto-
<br />mobile or other vehicle, whether of like kind or not, contrary to law, he shall have b
<br />the right and it shall be hid duty to obtain a warrant to search such wagon, buggy,
<br />automobile or ether vehicle, and to seize any and all ardent spirits found therein
<br />which are being transported contrary to law. Whenever any ardent spirits which are
<br />weing illegally transported, or are being transported for an illegal use, shall be
<br />seized by an officer of the pity of Charlottesville, he shall also take possession of
<br />the vehicle and team, or automobile, or any other conveyance, other than a conveyance
<br />owned and used by a railroad, steamboat or express company, in which such liquor shall
<br />be found, and turn the same over t:) the Sergeant of the Oity, and such vehicle and team,
<br />automobile, or other conveyance shall be forfeited to the 6ity; and shall report the
<br />seizure to the Attorney for the Commonwealth of the City, and to the Commissioner, in
<br />writing, and the Attorney for the Commonwealth shall file an information in the Corpo-
<br />ration Court of Charlottesville, in the name of the City against such vehicle and team,
<br />automobile, or other conveyance by name or general designation. The information shall
<br />allege the seizure, and set forth in general terms the cause and grounds of forfeiture.
<br />It shall also pray that the prone�rty be condemned and sold and the proceeds disposed
<br />of accoring to law, and that all persons concerned in interest be cited to appear and
<br />show cause why the said property should not be condemned and sold to enforce the
<br />forfeiture, which inf:)rmation shall be sworn to by the Attorney for the Commonwealth.
<br />Upn the filing of the infom► ation, the Clerk of the Court shall fur.thwitln issue a
<br />notice r citing the filin,Q of the information, t'' ^e object thereuf, the seizure of the
<br />property and citing all persons concerned in interest to appear on a specified day of
<br />the next term of the Cjurt, after, the publication of said notice, and show cause w1v
<br />the prayer of the Information for condemnation and sale should not be uranted, a cony
<br />of which said notice small be posted at the front door of the Court TTuuse by the
<br />Sergeant of the City and publ.islied by him in some newspaper published in the City
<br />at least five days before the r.etirn day of sucl, notice, *hich said publication shall
<br />be sufficient service of notice on all 1,arties concerned in interest. Provided that
<br />any person claiming an interest therein may five a fort coming bond, in amount double
<br />the value of the pro;:erty so seized, conditioned that the vehicle anti team, automobile,
<br />or other conveyance will be fortti!cozning in cor*liance with any order of the Court,
<br />and to pay all costs and fees incident to such seizure.
<br />Any person inter(;sted may appear and be made a patty defandent and make defense
<br />to the information, which must be done by answer under oath, and. the proceedings Shall
<br />conform as nearly as Possible to Chapter 131 of the Code of Virginia, of 1919.
<br />Whenever it shall appear to t' -,e satisfaction of the Court from the evidence that
<br />the owner or lienor of Such ve"licle, automobile or other conveyance was ignorant of
<br />the illagal use to which the same was put, and that such illegal use wag without his
<br />connivarica or consent, expressed or implied, such Court shall have the right to relieve
<br />such owner ur lienor from the forfeiture 'ierein provided (Acts of Asse"bly 1920,p 427
<br />last part of first paragraph on that paue).
<br />It shall nut be a ground of defense that the person or persons by whom said property
<br />was used in violation of law had not been eo,�victed of such violation; and the informa-
<br />tion shall be independent of any proceedings anainat such person or persons or any
<br />other for violation of law.
<br />Sec. 27. All warrants issued undf'r this ordinance for the search of any automobile,
<br />conveyance or vehicle, whether of like kind or not, or for the seach of any trunk,
<br />grip, or other articles of baprrage, whether of like kind or not, for ardent spirits,
<br />may be executed in tris city, and shall be made returnable before the Police Justice
<br />of the City.
<br />Sec. 2b. In a warrant for the violation of any pruvision of this ordinance, as to a
<br />sa a orr�ift o!' ardent spirits, shall not be necessary to allege a sale or gift of
<br />ardent spirits to a particular person, and it shall be sufficient for the conviction
<br />of the accused to prove a sale or gift contrary to law, within one year ;prior to the
<br />find.ng of such indictment.
<br />See. 2y.n Wien, in any case prosecuted under this ordinance, the accused claims tl!e
<br />fft_ �of any exception in or to any section of this ordinance, or of the Acts of 1915,
<br />or amendments therf,-to, or the Volstead Act, the burden shall. be upon him to prove that
<br />I
<br />e comc,s within the exception.
<br />Sec. 3U. Nothing in this ordinance shall prevent one, in hie own home, from hsving and
<br />t e�'re giving to another ardent spirits when the quantity of suc', ardent spirits is
<br />not enuught to produce intoxication and when the quantity of ardent spirits in the
<br />Possession of the Person giving it shall nut exceed the quantity allowed by this
<br />ordinance, to be kept in his hone; and such p.ift is in no wise a shift or device to
<br />evade the ; rovisions of this ordinances but the word "home" as used herein shall be
<br />the :,amariant residence of the person and his family, not including; the curtilageor
<br />outbuildings, and mall not, be constnaNd to include a rooming house, a club, fraternity
<br />'souse, lodge, room or ruorns or place of common respor. t, or room of a guest in a hotel
<br />or bua rd ing; house or apartment house.
<br />Sec. 31. The possession by any person in his home of more than one gallon of distilled
<br />Trq_u ra,-wine or rialt liquor at any one time, shall, in any proceed inR or prosecution
<br />under this ordinance, be prima facia evidence that such person possesses such ardent
<br />Spirits for the nurpose of sale, provided that it still be lawful for any person to
<br />carry t u his home any ardent spirits that have been lawfully delivered to him by a
<br />druggist or physician
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