The Montgomery advertiser., 1909-08-15

furnishing. or any manner of disposi- ton by which said liquors and bever- ages may pass unla wfuliy from one person to anothe CT; and the term person er the term party when employed alone in this act shall include a firm. corpo- ration or association of persons.
 Sec. 31 l-2. That in all afidavfts. informations. complaints or indict- ments against any party or parties for maintaining an unlawful drinking place as defined by the, law of the State. 1t shall be sufficient to charge that the defendant maintained an .un- lawful drinking place contrary to the statute in such cases made and pro- vided, and under said indictment 1t shall be competent to prove any act of the defendant which under the law of the State constitutes the keeping of an unlawful drinking place.
 Sec. 32. That all prosecutions for violation of any provisions of this act. or any other act for the suppress sion of the evils of intemperance in- tions of the statute. approved August 9. 1909. and which in general terms is for Identification referred to as an act to promote temperance and to sup press the evils of intemperance. and to prohibit the manufacture, sale. of fering for sale. Keeping or having for sa lie or otherwise disposfng of prohib- tied liquors and beverages and keep ing unlawful drinking places. may be begun by afidavit as we'll as by indict- ment and that when begun by affidav- 1t the person charged shall not have the right to demand that grand jury shall prefer indictment for the alleged offense, but the prosecution may con- tinue no matter in what court or be- fore what judge the trial shall be had upon the affidavit which 1t was orig inaily begun and the said affidavit Or any complaint that may be filed in such prosecution may be amended to meet the ends of justice and to pre- vent a dismissal of the case upon any informality, irregularity or technicat- ity. If the prosecution is begun in a court in which jury trials are pro- vided for the defendant may at the time he gives bond within five days thereafter file in the cause a demand for trial by jury, or if he does not give bond he may within five days after his arrest file in the court de- mand for a jury trial in which event such jury trial shall be allowed. If the prosecution is begun before court as to which or whom no provisions is made for a jury trial the court or fudge if 1t or he has Jurisdiction to try the case ana 10 Dlnu party charged guilty or not guilty. shall pro- eeed with the trial and if the party charged is convicted he may appeal 10 the Circuit Court or other court of record of like Jurisdiction in the coun- ty, having jurisdiction in cases of ap- peal from the County Court or from judgment of justice of the peace in such form and in such manner and subject to such restrictions as gov ern appeals under the Code of Ala hnna from such justices of the peace or County Court, and the party may demand and be entitled to & jury trial in such higher court under the same terms and conditions that jury trials nre obtainable in cases of appeals from such justice of the peace or County Court to said Circuit Court or other court of like jurisdiction; but this sec tion shall not alter the practice to any proceeding authorized by law before justice of the peace. Nor is 1t intended hereby to take away from the Circuit Court of any county any exclusive Jurisdiction it may have to try cases against and to punish vio- latora of prohibitory liquor laws, and any Circuit Court that may have ex- elusive jurisdiction by any law appii- cable to the county to try cases