§ 11. The possession of liquors by any person not legally permitted under this local law to possess liquor shall be prima facie evidence that such liquor is kept for the purpose of being sold, bartered, exchanged, given away, furnished or otherwise disposed of in violation of the provisions of this local law; and the burden of proof shall be upon the possessor in any action concerning the same to prove that such liquor was lawfully acquired, possessed and used.

§ 12. A person who shall maintain a common nuisance, as defined by section seven of this local law, may be enjoined from maintaining such nuisance in the manner prescribed in this section. Any resident of the city of Cortland may present a verified petition to the city judge for an order enjoining the maintenance of such nuisance. Such petition shall state the facts upon which such application is based. Upon the presentation of the petition the city judge shall grant an order requiring such person to appear before him on the day specified therein not more than ten days after the granting thereof, to show cause why such person should not be permanently enjoined from maintaining the nuisance, describing it. A copy of such petition and order shall be served upon such person either personally or in such other manner as may be directed by such order not less than five days before the return day thereof. On the day specified in such order, the city judge shall hear the proofs of the parties and may, if deemed necessary or proper, take testimony as to the allegations of the petition. If the city judge is satisfied that such person maintains a common nuisance as defined by this local law and as alleged in the petition, an order shall be granted enjoining such person thereafter from maintaining such nuisance. It shall not be necessary for the city judge to find that the property involved was being unlawfully used at the time of the hearing. On finding that the material allegations of the petition are true, the city judge shall order that no intoxicating liquor shall be manufactured, sold, bartered or stored in the room, house, building, vehicle, structure or place to which the proceeding relates, or any part thereof. He also may order that such room, house, building, structure, vehicle or place shall not be occupied or used for a period not exceeding one year thereafter, or that it shall not be occupied or used during such period for other than dwelling purposes exclusively; or in his discretion he may permit it to be occupied or used for any lawful purpose if the owner, lessee, tenant or occupant thereof, shall give bond, with sufficient surety to be approved by him, in the penal and liquidated sum of not less than five hundred dollars nor more than one thousand dollars payable to the city of Cortland, and conditioned that intoxicating liquor will not thereafter be sold, bartered, kept or otherwise disposed of therein or thereon and that he will pay all fines, costs and damages that may be assessed for any violation of the provisions of this local law upon such property. A violation of the order made in such proceeding, after service thereof, is a contempt of court, punishable as provided in the judiciary law. Costs upon the application for such injunction

may be awarded in favor of and against the parties thereto in such sums as in the discretion of the city judge may seem proper. No bond shall be required to institute any proceeding under this section.

2. Any person who shall with intent to effect a sale of liquor, by himself, employee, servant or agent, for himself or any person, company or corporation, keep or carry around on his person, or in a vehicle or other conveyance whatever or leave at any place for another to secure any intoxicating liquor or who shall solicit, take or accept orders for the sale, shipment or delivery of liquor in violation of the provisions of this local law also may be enjoined in a proceeding taken as provided in subdivision one of this section, from doing or continuing to do any of such acts or things. In a proceeding under this subdivision it shall not be necessary to show any intention on the part of the accused to continue such violation if the proceeding is brought within sixty days after it occurred.

§ 13. Penalties. Any person violating any provision of this local law for which a penalty has not been specifically provided herein, shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than five hundred dollars or imprisonment for not more than three months, or both.

§ 14. No double jeopardy. No prosecution for the violation of any provision of this local law shall lie where the person or persons against whom the charge is made has or have been convicted or acquitted upon a charge embracing the same act or acts in a United States or New York State court of competent jurisdiction.

§ 15. All proceedings instituted for the punishment of any violation of the provisions of this local law shall be prosecuted by trial in the city court of the city of Cortland in the same manner as other misdemeanors prosecuted in city court. The city judge is authorized to examine on oath the informant and any witnesses which he may produce and to issue subpoenas for such witnesses as may be named by such informant and examine them on oath for the purpose of determining whether he shall issue a warrant of arrest upon such information and depositions.

§ 16. It shall be the duty of every police officer having knowledge of any violation of the provisions of this local law to immediately exercise all powers and authority vested in him as such police officer to apprehend, arrest and prosecute any person or persons committing such violation and to immediately notify the chief of police, by a statement of the facts of such violation, together with the names of all witnesses to any such violation of whom he has knowledge or whom he can discover with reasonable diligence, and it shall be the duty of the chief of police, when the complaint or oath is made of such violation, forthwith to cause the arrest, if said violator has not already been arrested, and attend the examination personally of each person so complained of. All violations of the provisions of this local law shall be prosecuted by a prosecuting attorney who shall be appointed by the mayor with

the approval of the common council and who shall receive such compensation as shall from time to time be fixed by the common council.

§ 17. 1. Intoxicating liquor kept, stored or deposited in any place in this city in violation of this local law, and the vessels in which such liquor is contained and property designed for the manufacture of such liquor are declared to be a nuisance, and are forfeited to the city of Cortland when seized by a police officer and such forfeiture declared in the manner provided in this section.

2. Upon the verified complaint of any person setting forth facts which show grounds for belief that intoxicating liquor is kept, stored or deposited in any place in violation of any provision of this local law, or that there is probable cause for believing that such liquor is so kept, stored or deposited, the city judge may issue his warrant directed to any police officer, commanding him forthwith to search the premises described in said warrant for such liquor kept therein, and to seize such liquor, if found, the vessels containing the same and any property designed for the manufacture of such liquor, and to safely keep such liquor, vessels and property until final action thereon, as in this section provided, and to make immediate return thereon to the city judge. The complaint shall state the name of the person so keeping, storing or depositing such liquor as aforesaid, and the name of the owner of the premises where such liquor is so stored, kept or deposited, if known to the complainant, together with a description of such premises sufficient to identify the same. The warrant shall contain a notice directed generally to all persons claiming any right, title or interest in such liquor or in the vessels containing the same, or in the property, if any, designated for the manufacture of such liquor, to appear before the city judge issuing such warrant, at a place and at a time specified, not more than ten days after the issuance of said warrant and not less than three days after the execution thereof and show cause why such liquor and the vessels containing the same should not be forfeited. The warrant must be executed by the police officer to whom it is delivered within five days after the issuance thereof. The city judge must insert a direction in the warrant that it be served in the day time, unless the affidavits be positive that the property is on the person, or in the place to be searched; in which case he may insert a direction that it be served at any time of the day or night. The police officer executing such warrant is invested with the same powers as are conferred upon a peace officer in the execution of a search warrant by sections seven hundred and ninety-nine and eight hundred of the code of criminal procedure. Any person who shall forbid, obstruct or prevent any such police officer free entry into or search of any building or premises specified in such warrant, or the seizure of such liquor therein found or the vessels containing the same or any property designed for the manufacture of such liquor, during the time above specified, after notice of the authority and purpose of such police officer, shall be

guilty of a misdemeanor and may be forthwith and without a warrant arrested by such officer. A copy of such warrant shall be delivered to the person so keeping such liquor, if he be present at the time of such seizure, and if he be not present, then to the person, if any, apparently in possession of such liquor or of the premises wherein the same is found, and another copy of such warrant shall be posted in a conspicuous place upon said premises. The police officer seizing such liquor under said warrant shall give a receipt therefor to the person so keeping such liquor, if present, and if he be not present, then to the person, if any apparently in possession of such liquor, or in charge of such premises, or in the absence of any such person, he must leave such receipt in the place where the liquor is found. But no search warrant shall issue to search any private dwelling occupied as such unless it is being used for the unlawful sale of intoxicating liquor, or unless it is in part used for some business purpose, such as a store, shop, saloon, restaurant, hotel, or boarding house. The term "private dwelling" shall be construed to include the room or rooms used and occupied not transiently but solely as a residence in an apartment house, hotel or boarding house. At the time and place specified in the notice contained in such warrant, any person claiming any right, title or interest in the liquor seized under such warrant or in the vessels containing the same, or in any property designed for the manufacture of such liquor, may interpose an answer controverting the allegations of the complaint upon which such warrant was issued. If such answer is interposed, the issue thus framed shall be deemed an action pending in the city court of Cortland between the city of Cortland and the liquor so seized, and shall be entitled in the name of the said city and against the liquor so seized, adding for identification the name of the person or persons interposing such answer and claiming or defending the liquor so seized, and shall be tried in said court as other issues of fact are tried therein. If no answer controverting the allegation is interposed, the city judge shall render judgment in the same form as upon the determination of the issue as hereinafter provided. If it be established upon the trial of the action, if issue be joined, that the liquor so seized, was kept, stored or deposited within the city of Cortland in violation of this local law, judgment of forfeiture to the city of Cortland of such liquor, the vessels containing the same and the property, if any, designed for the manufacture of such liquor shall be entered, which judgment shall provide for the delivery to the chief of police of such liquor, vessels and property by the officer who seized the same. Such proceeding or action shall be heard and determined upon the merits and shall not be dismissed on account of any technical defect which may be corrected by amendment. Such judgment shall further provide for the sale or destruction, in the discretion of the city judge, of such liquor, the vessels containing the same, and the property, if any, designed for the manufacture of such liquor. If in the judgment of the city judge it is for the best interests of the city that such liquor

and containers be destroyed, he shall cause the destruction of such liquor and containers. If the testimony produced upon such trial before the court shall fail to establish that the liquor so seized was kept in violation of any provision of this local law, judgment shall be entered dismissing such complaint and providing that such liquor and the vessels containing the same or the property designed for the manufacture of such liquor be returned to the place from which or the person from whom they were taken. 3. Intoxicating liquor seized as hereinbefore provided, and the vessels seized containing the same and any property designed for the manufacture of such liquor shall not be taken from the custody of the police officer making seizure by a writ of replevin or other process while the proceeding or trial is pending.

4. No person except one who answers claiming some right, title or interest in the liquor so seized, shall be excused from attending and testifying, or producing any books, papers or other documents before the city judge upon any such hearing or trial upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to convict him of a crime or to subject him to a penalty or forfeiture or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence, documentary or otherwise, and no testimony so given or produced shall be received against him upon any criminal investigation, trial or proceeding.

5. When any police officer shall discover any person in the act of transporting in violation of this local law, intoxicating liquor in any wagon, buggy, automobile or other vehicle, it shall be his duty to seize any and all intoxicating liquor found therein being transported contrary to such law. Whenever intoxicating liquor transported or possessed illegally shall be seized by an officer he shall take possession of the vehicle and team or automobile, or any other conveyance, and shall arrest any person in charge thereof. Such officer shall at once proceed against the person arrested under the provisions of this section in the city court; but the said vehicle or conveyance shall be returned to the owner upon execution by him of a good and valid bond, with sufficient sureties, in a sum double the value of the property, which said bond shall be approved by the city judge and shall be conditioned to return said property to the custody of said officer on the day of trial to abide the judgment of the court. The city judge upon conviction of the person so arrested shall order the liquor destroyed, and unless good cause to the contrary is shown by the owner, shall order a sale by the chief of police by public auction of the property seized, and after deducting the expenses of keeping the property, and the cost of the sale, said chief of police shall pay all lawful liens according to their priorities, which are established by intervention or otherwise at said hearing or in any proceeding