The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-08-30

same In custody to restore the same
with vessels to the place where seized
AZ nearly a. may be or to the persons
who are entitled to receve> them.
IL. The payment OF q retail houcs
dealers or retail malt liquor dealers
/ special United States internal revenus
| tax for the place and covering the pc
riod in which such liquors are seized,
Tor the. maintenance or posting In any
place where such liquors are seized Of
| q retail LIQUOR deiers' or retail malt
lifquor dealers special United States In
ternal revenue tax stamp. or q whole-
sale malt or liquor dealers tax stamp
In force and eject At the time OF such
| seizure. or the posting, keeping or
kind on or about the premises where
such liquors are seized indicating that
prohibited liquors are there sold. kept
or given away, shall be prima facie
evidence that the liquors 30 seized were
kept, stored and deposited for unlaw-
full sale or unlawful furnishing, dis
position or delivery and shall constf-
tute probable cause justifyfng the Is
suance OF search warrant to search
the premises for prohibited LIQUORS or
beverages. and shall justify. an fnJunc-
tion upon Q bill nled In equity to abate
q liquor nuisance at the place where
the same is. posted. The keeping OF
prohibited liqours in any building not
used exclusively for q dwelling shall
be prima facie evidence that the same
are kept TO be sold or otherwise dis
posed OF or delivered or furnished con-
trary to law. except IS 70 bona noe
wholesale ana retail drugg5yts selling
alcohol az specified In Section - OF
this act and who shall have hled with
the probate Judge Of the county dec
iaration in accordance with said Sec
tion. No search warrant shall be
taken ont or bill Of Injunction nied
against any wholesale or retail drug
gist paying such tax as retail or
wholesale dealer until after the expira-
ton OF thirty days from the passage OF
this act unless other evidence be OBJ
tanned showing probable cause other
than the payment Of such special tax,
or the posting OF such special stamp.
But nothing herein IL intended to pre-
vent any action to be taken against
any druggist at any time when there
M evidence Of q violation by him at
any law FOR the suppression OF intern
perance,- or against the sale or other
disposition OF prohibited ltouors ana
beverages.
ia, No person excepting one who
answers claiming some right, title or
interest In the liquors 30 seized. SHAH
be excused from attending and testi-
flying or producing any books. papers
or other documents before any court
or Judge or Justice upon any such
hearing or trial upon the ground or
for the reson 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 Of forfeiture; but no person
shall be prosecuted or subjected TO any
penalty or forfeiture for or on account
q
concerning which he may so testify or
produce evidence documentary or 9TH
erwise, and no Testimony SO given or
produced shall be received against him
upon any criminal investigation trial
or proceeding.
Ii. A search warrant subject to the
rules ana restrictions hereinabove de-
ciared may be likewise issued by any
Judge OF q city, circuit, criminal or
other like court Of record possessing
criminal Jurisdiction, returnable before
the court in term time, and on the re-
turn Of the warrant the same proceed
ings may be had before the Judge sit
ting as q court as are prescribed here
inabove for the trial before magis-
trates issuing said warfants. Any DE.
PENDANT to the warrant in such court
Of record may have o jury trial upon
demanding the Same at the time ne mes
his verified answer and claim.
liz. Where an offcer seixes liquors
and vessels under 4 search warrant ne
shall appear on the day fixed Tor the
hearing and prosecute the case on pc
half OF the State. and IL there be IN
the county at that time solicitor or
his deputy or other prosecuting aftor-
ney. he may notify such officer of the
hearing. and such offleer shall appear
and prosecute said case on behalf OF
the state In connection with the omcer
making the seizure and In connection
with the complainant issuing out the
search warrant, IL the latter wishes TO
appear therein.
!. 1e. There shall be allowed the Of
ficer making the seizure under q search
warrant the sum OF three doliars. and
also the sum oftwo dollars additional
for every day that sucn omcer snaI
necessarily be employed In attending
court for the purpose Of causing IL
ouors seized to be condemned. and the
sum Of ten cents per mile for each
mile he shall travel In executing the
writ, together with such reasonable
sum as the court may deem just for
necessary expenses incurred IN trans
porting and providing storage for IL
Quors and vessels seized; all such costs
shall be taxed IN the bill of costs, and
IL not collected from the defendant or
defendants, shall be taxed and paid as
in criminal prosecutions in which the
State fails upon the court or judge or
Justice making an order to that enect.
IL. That whenever in any search
warrant proceeding for forfeiture ana
destruction OF liquors and vessels, 1t
shall appear to the Judge or court that
there has been any irreguiarity In the
service of any process or notice. or
any omission to post or serve notices
required or any defect in the afhdayit
or notice or in the service or return OF
either. the Judge or court may permit
the same to be amended. and may d.
rect such further service or process or
of notice as VIII In the judgment or
the Judge or court be most effectual
in securing notice Of the proceeding to
those who may be entitled thereto. and
80 that the proceeding may not fail
for any irregularity or technicality. ~
Is. A search warrant may be sued
out and prosecuted in accordance with
the rules and regulations hereinabove
prescribed In case there Is probable
cause to. believe and 1t IL made to APP
pear to the magistrate or judge issu-
ing the warrant that there is probable
cause to believe that prohibited liquors
and beverages, or some of them, are
kept or deposited in or on steam boat
or water craft Of any kind. or in a
depot. railway car or land carriage Of
any kind. for unlawful sale, furnish
Ing, distribution or other unlawful dis
position. The place where such search
is to be made should be described as
near as may be in the afIidavit and
warrant for purpose of Identification.
221-2. Upon the trial OF a COM