The Montgomery advertiser., 1909-08-15

claim is sustained and there Is failure to obtain judgment as to the part of the liquors so claimed. Any appeal from such magistrate must be taken within i've days from the date of juds. ments and an appear may be taken on behalf of the. State to the circuit or | other court of like Jurisdiction by the solicitor or other prosecuting attorney by filing . prayer for an appeal with the magistrate.
 "1o. Any person apearing and be- coming party defendant as aforesaid | may appeal from The judgment of for~ feiture and condemnation as to the whole or any part of the liauors and vessels claimed by him and adjudged forfeited, to the Circuit Court or City Court or other like court of civil or criminal jurisdiction as h the cases appealed frop asJustics of the Peace or County Court to such higher court, the appeal to be granted upon parties giv. l ing bond for the cost of appeal. and | that will be incurred in such higher court, and upon written demand being made therefor endorsed on the appeal bond at the time said appeal Is taken. the appellant may be entitled to jury | for the trial of the case in said court or other like court. And said trial court shall proceed with the case de noyo and may cause suitable issues to | be framed for the determination of the l case.
 Dispesal of Liauors.
 i. "iI. Whenever 1t shall be finally de- cided that the liquors and vessels as | aforesaid are forfeited and ordered condemned. the magistrate or court rendering final judgment of forfeiture 1 shall Issue to the officer having said | liouors in custody a written order di- recting him forthwith to destroy said I liouors and vessels, and immediately thereafter to make return Of said or | der to the court whence issued with his doings endorsed thereon. When 1t l Id finally decided that the liquors seized | are not liable to forfeiture the magis- trate or the court rendering the de- cision shall issue written order to the officer having the same in custody to restore tine same with vessels to the place where seized as nearly as may I be or to the persons who are entitled 1 to receive them.
 l zig. The payment of retail liquor | dealers or retail - malt liquor dealers l special United States Internal Revenue l tax for the place and covering the pe- riod in which such liouors are seized, l or the maintenance or posting in any q retail liquor dealers or retail malt l dealers special United states Internal l Revenue tax stamp, or wholesale malt or liquor dealers tax stamp In I force and effect at the time of such I seizure. or the posting. keeping ar l maintaining of a potice or sign Of any Ilkind on or about the premises where such liquors are seized indicating that l prohibitive liquors are there sold. kept ! or given away, shall be pfima facie ev. I idence that the liquors so seized we're kept, stored and deposited for unlawful | sale or unlawful furnishing. disposition
 or delivery and shall constitute proh- taat nf | a search warrant to search the prem
 ises for prohibited liquors or bever' ages, and shall justify and injunction
 upon a bill filed in equity to abate ' | liquor nuisance at the place where the
 same is posted. The keeping of pro hibited liquors in any building not l used exclusively for dwelling shall pc
 prima facie evidence that the same are kept to be sold or otherwise disposed
 of or dlivered or furnished contrary to law, except as to bona fide whole sale and retail druggists selling all
 cohol az specified in Section 22 of this I act and who shall have hled with the
 Probate Judge of the county deelar- I ation In accordance with said section !.
 No search warrant shall be taken out or bill of injunction filed against any | wholesale or retail druggist paying such tax as a retail or wholesale liquor
 dealer until after the expiration of thirty days from the passage of this act unless other evidence be obtained
 showing probable cause other than tne payment of such special tax, or the I hosting of such special stamp. But nothing herein Is intended to prevent I any action to be taken against any
 druggist at any time when their Is ev- ] idence of violation fby him of any 1 law for the suppression of intemper' ance or for the promotion of temper ance or against the sale or other dis.
 position of prohibited liquors and oev' l ~is. No person excepting one who ] answers claiming some right. title or interest In the iiduors so seized shall be excused from attending and testi. lying or producing any books, papers or other documents before any court oS judge or justice upon any such hearing ar trial upon the ground or for the rea-
 son that the testimony or evidence
 documentary or otherwise, required of
 him may tend to convict him of
 crime or to subject him to penalty or
 q forfeiture; but no person shall Dc
 prosecuted or subjected to any pen
 atty or forfeiture for or on account of
 any transaction. matter or thing con- E cerning which he may so testify oT i produce evidence documentary or Il otherwise. and no testimony so given
 or produced shall be received against him upon any cEihihaI tHtosushtioU
 trial or proceeding.
 others Can Issue Warrants
 "14 A search warrant subject to the
 rules end restrictions herein above Ie,
 clared may be likewise issued by any
 judge of a city, circuit, criminal" or
 other like court of record possessing q criminal jurisdiction. retuPnabie before
 the court in term time. and on return
 of the warrant the same proceedings
 may be had before judge sitting as Q
 court as are prescribed herein above
 for the trial before magistrates issuing
 said warrants Any defendant to the
 warrant in such court of record may have a jury trial upon demanding the
 same at the time he files answer and claim.
 "15. Where sny officer seizes iiauoy.
 and vessels uhdeT a search warrant he shall appear on the day fixed for the