to search (Here describe the person, place or thing mentioned in the affidavit) of the said.. aforesaid, and there diligently search for the said drugs, and that you bring the same or any part thereof, found in such search, together with such vessels in which such drugs are found and the implements and furniture used in connection therewith, forthwith before me, to be disposed of and dealt with according to law. GIVEN under my hand and seal this day of... Judge of the A. D., 19... Court or Justice of the Peace. The officer charged with the execution of said war rant may, when necessary to obtain entrance, or when entrance has been refused, break open any premises, wagon, automobile, vehicle, contrivance, thing or device which by said warrant he is directed to search; and such officer shall have the right to use such reasonable force as may be necessary to search any person whom by said warrant he is directed to search. officer may premises. break into Sec. 16. DUTY OF OFFICER:-If any of the drugs Drugs seized. mentioned in this act are found on said person, or on or in any such place, said officer shall seize the same with the vessels in which they are contained and all implements and furniture used or kept for such illegal possession or control, and them safely keep, and make immediate return on such warrant. Such drugs, vessels, implements and furniture shall be held subject to the order of the justice or the judge of the court issuing said warrant, as evidence in the prosecution of any case for the violation of any of the provisions of this act. Such drugs, vessels, implements and furniture so seized shall not be taken from the custody of any officer seizing or holding the same, by a writ of replevin or other process, while the proceedings relating thereto are pending. Final Seized artiject to re cles not sub plevin. Conviction bar to recovery of goods. Destruction of articles. Goods seized if no one on premises. Notice posted. Search without warrant -when. Seizure. Arrest. File complaint. Use of force. judgment of conviction in such proceedings shall be, in all cases, a bar to any and all suits for the recovery of any drugs seized, or the value of the same, or for damages. alleged to arise by reason of the seizure and detention thereof; and judgment shall be entered finding such drugs to be unlawful and directing their destruction, and the said vessels, implements and furniture shall be likewise ordered destroyed, in the discretion of the justice or court; and the officer so ordered shall forthwith destroy same. If no person is in possession of the premises where such drugs are found, the officer seizing the such drugs shall post in a conspicuous place on such premises, a copy of his warrant, and if at the time fixed for said hearing, or within thirty days thereafter, no person appears, said justice of the peace or court shall order such drugs destroyed. Sec. 17. OFFICERS SEARCH:-Any sheriff, deputy sheriff, constable, health officer, or any municipal officer designated by ordinance, acting within his jurisdiction, having personal knowledge or reasonable information that any of the drugs mentioned in this act are kept in violation of law by or on any person or in any place, shall search such suspected person or place without a warrant, and without any affidavit being filed, and if such officer find upon the person or the premises such drugs, he shall seize the same, and arrest any person or persons in charge of such place or on whom such drugs are found; and shall take such person or persons with such drugs so seized forthwith, or as soon as convenient, before a justice of the peace or judge of any court in the county in which such seizure is made, having jurisdiction as herein provided, to try cases for a violation of this act, and such officer shall without delay make and file a complaint for such violation of law as the evidence justifies. It shall be lawful for officers in executing the duties imposed upon them by this section, to break open doors or other enclosures for the purpose of obtaining possession of any such drugs, vessels, implements and furniture; and to use such reasonable force as may be necessary to search any such suspected person. Sec. 18. RULES:-That the rules and regulations made by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury for carrying into effect the Act of Congress approved December 17th, 1914, hereinbefore mentioned, shall, so far as applicable, be adopted for the enforcement of this act. Rules for enforcement of act. enact ordi Sec. 19. MUNICIPALITY MAY ENACT:-Any Cities may municipality may enact ordinances in conformity with nances. the provisions of this act. the word Person, Sec. 20. PERSON DEFINED:-That "person" as used in this act shall be construed to mean and include a partnership, association, company or corporation, as well as a natural person. defined. of act. Sec. 21. ENFORCEMENT:-That the State Board Enforcement of Health shall be charged with the duty of enforcing all of the provisions of this act, and in so doing shall work in conjunction with the district attorneys, health commissioners, sheriffs, and other peace and health officers of the state, and officers of the United States Revenue Department. of courts. Sec. 22. JURISDICTION OF COURTS:-Justices Jurisdiction of the peace and county courts in their respective counties shall have jurisdiction over all violations of this act which are declared herein to be misdemeanors; and district courts in their respective districts shall have jurisdiction over all civil suits arising under this act, except as in this act provided, and over all violations of this act. Sec. 23. PENALTIES:-Any person, agent, em- Penalties. ployee, representative, manager, proprietor, pharmacist, physician, the member or members of any association, the officer or officers of any corporation, or any other person who shall violate any of the provisions of this act, and any person, association or corporation, whose officer, agent, employee, representative or servant shall violate. any of the provisions of this act, shall for the first offense be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred nor more than three hundred dollars or by imprisonment in the county jail not less than thirty days. nor more than six months, or both such fine and im Second offense. If any section unconstitutional. Repeal. Safety clause. prisonment, in the discretion of the justice or court. Every second and subsequent offense, committed within five years of the first, by any of the persons herein designated, shall be deemed a felony, and upon conviction thereof, he shall be imprisoned in the state penitentiary, at hard labor, not less than one year and not more than three years; and if a corporation be so convicted, a second or subsequent time, it shall be fined in a sum of not less than one thousand nor more than five thousand dollars; and the license of any physician to practice medicine or the permit of any person to purchase or sell any of the drugs mentioned in this act so convicted a second or subsequent time shall be forfeited, and none shall thereafter be granted such person within a period of five years following such second or subsequent conviction. A certified copy of the entry or judgment, or other proper court record, showing the former conviction of the defendant, from any justice, county or district court within this state, shall be conclusive proof of a former conviction. Sec. 24. UNCONSTITUTIONAL SECTIONS:-If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The General Assembly hereby declares that it would have passed the act and each section, sub-section, sentence, clause and phrase thereof, irrespective of the fact that any one or more other sections, sub-sections, sentences, clauses or phrases be declared unconstitutional. Sec. 25. REPEAL:-That all acts and parts of acts in conflict with this act are hereby repealed. Sec. 26. FOR IMMEDIATE PRESERVATION :— The General Assembly hereby finds, determines and declares that this act and each and every sentence, phrase, clause, section and sub-section thereof is necessary for the immediate preservation of the public peace, health and safety. Approved: April 9, 1915. CHAPTER 76. ELECTIONS ABSENT ELECTORS-VOTE BY MAIL. (H. B No. 71, by Messrs. J. C. Scott, Dailey and Harris.) AN ACT CONCERNING ELECTIONS, AND PERMITTING ABSENT ELECT- Be It Enacted by the General Assembly of the State of Colorado: Elector absent may vote. from home Section 1. That it shall be lawful for any qualified elector of the State of Colorado who may, on the occurrence of any general or primary election hereafter held pursuant to law in this state, be unavoidably absent from his county because his duties or occupation require him to be elsewhere within the state, to vote in any voting precinct in the state where he may present himself for that pur- where. pose on the day of such election or primary under the regulations hereinafter prescribed, with like effect as though he were casting his vote in his own county and voting precinct. of registra tion. Sec. 2. The voter so entitled to vote shall present Must have himself at the polls in any precinct in the state where he certificate may be on such primary or general election day, during the regular voting hours provided by law, and before being allowed to vote, such voter shall present a certificate of registration certified to by the county clerk or registration board of the county or precinct in which he resides, to be furnished to any registered voter by the proper officer or board upon demand prior to election day, and shall be identified in person to the judges of election in the precinct Identification where he offers to vote, by one or more resident voters in of elector. |