The Birmingham age-herald., 1909-08-08

facie case and properly verified Is pre- sented to the chancellor or judge of the
 court wherein the bill is filed, or is to be filed, or other judge authorized by the law of the state to grant flat for a preliminary injunction such chancellor or judge may order ~< appropriate prelim- mary injunctioS to issue in accordance
 with the prayer of the bill. and the chan
 cellor or judge may direct the terms Of the preliminary injuEction so as to carry out the purpose of this section, which Ia
 to secure the restraint and abatement of
 such liquor nuisance on the premises The
 owner of and all persons interested in the building or premises where the nuisance exists, or any agent renting ths
 same, as well as the keepers therefor
 may be joined with the keeper as parties defendant to the proceedings, and all such owners, keepers, parties interested or agents who may be found to have know ingly assented to the keeping or main taining of such nuisance on the premises at any time within six months prior to the commencement of the suit, and their servants, lessees and tenants, shall be per- petualiy enjoined from maintaining and
 keeping or suffering to be kept and main tained such nuisance or any liquor nuis- ance upon the said premises. The court
 shall have full power and authority to maintain its Jurisdiction and by all suit
 able orders and write to enforce It's de-
 crees in respect to the subject matter
 of the suit, and to so shape and mould it's decrees as to accomplish the purpose
 of the bill; and all the rules of evidence,
 practice and procedure, except as other
 wise as herein provided, that pertain to
 courts of equity generally or that exist
 by virtue of any law of this state may be invoked and applied in any such lnjunc-
 tion proceeding instituted hereunder
 Upon the final hearing of the case in-
 stituted to abate a liquor nuisanse if 1t
 shall appear that the bill has been sus-
 tained by the evidence, or has been
 taken for confessed the court shall order an abatement for the nuisance which or
 der shall direct the destruction of all such prohibited liquors and beverages as are found upon the premises together with
 all signs, screens, bars, bottles, glasses
 and other movable property used in keep
 ing and maintaining said nuisance and
 the destruction of all such liquors and | beverages, and such movable property
 as may have been seized under authority of the court pending the hearing of the
 case. If the bill shall pray for a writ of
 seizure authorizing the sheriff to seize
 all prohibited liquors and beverages on
 the premises together with all signs,
 screens, bars, bottles, glasses and other movable property used in keeping and
 maintaining said nuisance, the officer or
 citizen or citizens filing the bill may at
 the time they apply for preliminary
 injunction make application to the judge
 who grants the fiat, or to the judge or chancellor of the court in which the bill
 Is, or is to be, filed, or they may at any time pending make such application, to said judge or chancellor for such writ of
 seizure, and said writ may be ordered to
 issue when probable cause Is shown, sup
 ported by oath or affirmation. for the issuance of said writ, and that the of- ficer or person making the application
 or filing the bill has probable cause to
 believe, and does believe, that said pro- hibited liquors and beverages are manu-
 factured, sold. furnished, given away,
 kept or offered for sale in violation of law on or about said premises, and the
 said officer or citizen making the appi-
 cation may support the same by the pro- duction of witnesses whose dispositions may be taken In writing and be sworn to and subscribed by the persons making | them, and the judge may order said writ
 to seizure when he is satisfied from the
 affidavit of the officer or citizen, or the 1 dispositions of witnesses, one or both, that i facts have been produced affordlng prob
 able cause for believing the grounds oi l the application to exist. Such writ shal , name describe the person or other | property whose premises are to be i searched and shall describe as near as
 may be the liquors beverages that
 are to be seized. and the place where said l liquors and beverages are to be seized as
 hereinafter prescribed for other search
 warrants. Whenever 1t shall be finally l decided in the cause that the liquors
 seized as aforesaid are forfeited and that | they were kept or stored for an illegal
 purpose the decree shall order the of | ficers having said liquors in custody to | forthwith destroy the same, together with
 the vessels containing the same, and other movable property used in keeping and maintaining the nuisance, and immediate ly thereafter to make return of said or | der to the court whence 1t issued with l his doings indorsed thereon, but if 1t
 shall be finally decided that any liquors or beverages so seized are not liable to l forfeiture the court shall order the off. | cers having the same in custody to re-
 store said liquors, with the vessels con | taning the same, to the place where It was seized as near as may be and to the
 person entitled to receive it, which order the officer shall obey and make return to | the court of his acts hereunder
 l Sec. 2011. There shall be allowed the of | ficer making the seizure under such writ | in an injunction case the sum of S l and the sum of 10 cents for every mile l travelled In making the seizure, together | with such reasonable sum as the court may deem just for necessary expenses l incurred in transporting and providing | storage for liquors and beverages and other movable property seized; all of | which costs shall be taxed in the bill of 1 costs, and If not collected from a de- | fendant then shall be taxed as in crim-
 inal prosecutions in which the state fails and the costs in such injunction cases
 unless charged against some party de- | fendant by the court and collected from
 him, shall be paid as In criminal cases
 in which the state fails, upon the court
 making an order to that effect.
 | Sec. a. Prohibited liquors and beverages | kept stored or deposited in any place 1 in this state for the purpose of sale or | unlawful disposition or unlawful furnish | ing or distributing and the vessels re- | ceptacles in which such liquors are con l tained are hereby declared to be contra band and are forfeited to the state when | seized and may be condemned for de- | struction as hereinafter provided, and prohibited liquors and beverages may be searched for, seized and ordered to be destroyed as hereinafter set forth.
 Sec. 23. That search warrant for the
 seizure of liquors and beverages that are
 prohibited to be sold and otherwise dis
 posed of in this state. together with the vessel or other receptacles in which they are contained may be issued as herein after prescribed, and the proceeding to secure the destruction of such liuuors.
 beverages, vessel and receptacles upon
 the grounds herein defined, shall be as follows:
 l. The warrant may be issued by justices of the peace, judges of the