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<br />GENERAL ORDINANCES 237
<br />manufactured, kept, stored, possessed, sold or in any manner
<br />used in violation of the provisions of this section shall be deemed
<br />contraband and shall be forfeited to the City, provided the pro-
<br />visions of this section shall have no application to ardent spirits
<br />stored in a bona fide home prior to November 1, 1916, or to ar-
<br />dent spirits acquired in accordance with the provisions of section
<br />4675(12) of the Code of Virginia of 1919, and amendments
<br />thereof, so long as the same shall not be used in violation of the
<br />provisions of this section.
<br />If there be complaint on oath that ardent spirits are being
<br />manufactured, sold, kept, stored, or in any manner held, used or
<br />concealed in a particular home, or other place, in violation of
<br />law, the justice of the Peace, Civil and Police Justice, or Judge
<br />of the Corporation Court of the City of Charlottesville, to whom
<br />complaint is made, if satisfied that there is a reasonable cause
<br />for such belief, shall issue a warrant to search such house or
<br />other place for the ardent spirits, provided, that no such warrant
<br />shall issue unless and until the provisions of Virginia Code of
<br />1919, Chapter 184 and amendments thereto and section 4922(a)
<br />have been complied with.
<br />Every search warrant shall be directed to an officer charged
<br />with the enforcement of this section and shall command him to
<br />search the place designated, either in day or night, and seize such
<br />ardent spirits and their containers and other articles used in vio-
<br />lation of law, and bring the same and the person in whose pos-
<br />session they are found before the Civil and Police justice of the
<br />City, and to make return of said warrant showing all acts and
<br />things done thereunder, with a particular statement of things
<br />seized and the name of the person in whose possession they were
<br />found, if any, and if no person be found in possession of said
<br />articles, the return shall so state.
<br />Upon the return of the warrant as provided in this subsection,
<br />the said Civil and Police justice shall fix a time not less than ten
<br />days and not more than thirty days thereafter, for the hearing
<br />of said return, when he shall proceed to hear and determine
<br />whether or not the articles so seized, or any part thereof, were
<br />used or in any manner kept, stored or possessed in violation of
<br />the provisions of this section. At such hearing if no claimant
<br />shall appear, the Civil and Police justice shall declare the arti-
<br />238 CHARLOTTESVILLE CITY CODE
<br />cles seized forfeited to the City, and if such articles be not nec-
<br />essary as evidence in any pending prosecution, they shall be
<br />disposed of according to law. At such hearing any person
<br />claiming any interest in any of the articles seized may appear
<br />and file a written claim setting forth particularly the character
<br />and extent of his interest, whereupon, if the trial be before the
<br />Civil and Police justice, he shall forthwith certify the warrant
<br />and the articles seized along with the claims filed to the Corpora-
<br />tion Court, which Court shall docket the case, but any prosecu-
<br />tion pending against any person for a violation of this section in
<br />relation to said ardent spirits shall have precedence on the docket
<br />of such Court. Thereupon, the Court shall hear and determine
<br />the validity of such claim. But upon such hearing the affidavit
<br />upon which the search warrant was issued and the possession of
<br />such ardent spirits shall constitute prima facie evidetice of the
<br />contraband character of the liquor and articles seized, and the
<br />burden shall rest upon the claimant to show, by competent evi-
<br />dence, his property right or interest in the articles claimed, and
<br />that the same were not kept, stored or possessed, or in any man-
<br />ner used in violation of any of the provisions of this section. If,
<br />upon such hearing, the evidence warrants, the Court shall there-
<br />upon enter a judgment of forfeiture and order the articles so
<br />seized to be disposed of as required by law. Action under this
<br />section and the forfeiture of any articles thereunder shall not be
<br />a bar to any prosecution under any other provision of this section.
<br />If any person shall knowingly and wilfully make any false com-
<br />plaint under this subsection, he shall be guilty of a misdemeanor
<br />and fined not less than $50.00 nor more than $200.00 for each
<br />offense.
<br />Nothing herein contained shall be construed to permit the is-
<br />suance of general warrants whereby an officer may be com-
<br />manded to search suspected places without evidence of an act
<br />committed, or to seize any person or persons not named, or
<br />whose offense is not particularly described and supported by evi-
<br />dence.
<br />GENERAL ORDINANCES 239
<br />Sec. 490(13). Civil and police justice to have original
<br />jurisdiction of all cases arising under this section—
<br />appeals.
<br />The Civil and Police Justice shall have original jurisdiction
<br />for the trial of all cases arising under this section but the ac-
<br />cused claimant or owner shall have the right of appeal to the
<br />Corporation Court of City of Charlottesville.
<br />Sec. 490(14). Appeals—bond required.
<br />Upon such appeal being taken the appellant shall be required
<br />to enter into a recognizance in the penalty and with security to
<br />be approved by the said Justice, to appear before the next term
<br />of the Corporation Court. All material witnesses shall also be
<br />recognized with or without security, as the justice may deenl
<br />proper at the next term of the Corporation Court, to give evi-
<br />dence, and if the person so charged shall have been previously-
<br />convicted of the violation of this section, the justice may require
<br />of the person so charged to give additional bond with penalty
<br />and security, to be approved by the said justice conditional that
<br />he will not violate any of the provisions of this section until the
<br />charge against him has been tried or dismissed, and upon failure
<br />to give such bond, he shall be committed to jail until the bond is
<br />given, or he is discharged by the Court.
<br />Sec. 490(15). Obstructing or resisting officer in dis-
<br />charge of duty—destroying evidence.
<br />It shall be unlawful for any person knowingly to resist, im-
<br />pede or obstruct, or in any manner to hinder or delay any legal
<br />officer having in his hand any search warrant, issued by any of-
<br />ficer of the City having the right to issue the same, under the
<br />provisions of this section, in the execution of such warrant.
<br />Any person so resisting, impeding, obstructing, or in any way
<br />hindering or delaying any officer in the execution of a legal search
<br />warrant in his hands, or concealing or destroying evidence before
<br />or after it shall have been lawfully captured, otherwise than is
<br />permitted by this section, shall be guilty of a misdemeanor.
<br />240 CHARLOTTESVILLE CITY CODE
<br />Sec. 490(16). Trial without jury.
<br />Nothing in this section shall interfere with the jurisdiction of
<br />courts, as it at present exists, for the trial of criminal cases with-
<br />out a jury.
<br />Sec. 490(17). Ardent spirits, finding of ardent spirits
<br />or United States liquor dealer's tax receipt, etc.—
<br />prima facie evidence—who to be tried.
<br />Whenever ardent spirits shall be seized in any room, building,
<br />car, or other place, searched under the provisions of this section
<br />the finding of such ardent spirits or of a United States Liquor
<br />Dealer's Tax Receipt in any such place, shall be prima facie evi-
<br />dence of the unlawful manufacturing, selling, keeping and stor-
<br />ing for sale, gift, or use by the person or persons occupying such
<br />premises, or by any person named in any United States Internal
<br />Revenue Tax Receipt posted in any room or found anywhere on
<br />said premises, or elsewhere, and the proprietor or other person
<br />in charge of the premises where such ardent spirits are found,
<br />or who is so named in such United States Government tax re-
<br />ceipts, shall be tried for the manufacturing, selling and keeping
<br />and storing for sale unlawfully.
<br />Sec. 490(18). Drinking in public places assisting or
<br />giving information as to securing ardent spirits.
<br />Any person who shall take a drink of ardent spirits or shall
<br />offer a drink to another, whether accepted or not, in any railroad
<br />station, or in any day coach, or pullman car, or on any passenger
<br />train, or in any street car, or other public conveyance, or auto-
<br />mobile, or in any street, or alley, highway or in any other public
<br />place, whether of like kind or not or any person in charge or em-
<br />ployed in connection with any car, boat, or other public convey-
<br />ance or automobile, who shall procure for or assist in procuring,
<br />or who shall give any information or direction by which any
<br />person may secure ardent spirits in violation of this section, shall
<br />be guilty of a misdemeanor, and upon conviction, shall be fined
<br />not less than ten nor more than one hundred dollars.
<br />Sec. 490 (19 ) . Drunkenness in public places—penalty.
<br />Any person who, being intoxicated as defined in this section,
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