The Montgomery advertiser., 1909-08-15

HUH rsso NAne'I
 : h or dstinue or other process while the proceedings are pending; . final Judgment Of condemnation in all such cases Is . bar to all suits for the re- covsry of any liquors or vessels seized for the value of' the same and for dam- aEes alleged to arise by reason of the seizure and detention thereof The word vessel when used herein shall also Include receptacies, and the word li- quors shall also include other bever- ages that are seized.
 Forfeit to state.
 "e. Upon the return of the war; rant to the magistrate showing seis- ure Hereunder the magistrate shall is~ sue a notice directed generally to all persons calming any right. title or fn- terest In such liquors. to appear before the magistrate issuing the warrant at time and place specified not. lesr than live nor more than fifteen days sf- ter the issuance of said notice, and show cause why such liquors and ves- seis shall not be forfeited to the state and destroyed. A copy of such notice shall be delivered to the ,persou es other party who kept the iiQuor or had possession of the liquor at the time of the seizure. and copy shall also be delivered to the party named in the amdavit for the warrant if a different party from the one who kept or had possession Of the liquors at the time of the seizure. and the oflcer shall place another copy of such notice in a con- sptcuous place upon said premises, Al the time and place specified in the mo- tiee any person claiming any right or title or interest in the liquors and ves- sells seized under such warrant may inc terpose verified answer controverting the allegation of the complaint upon which Qatd xsrur rr v1t vu0 ax,A contrcverting the ground or grounds upon which the warrant was issued and shall propond in such answer what right. title or interest he cla Inns In the liuiiors pr vessels seized. The issue thus framed shall be deemed an actior heading In the court of the judge or justice who Issued the warrant be. tween the. State of Alabama on the re. lation of the complaiHant and the H. uuor and vessels so seized and against the party In possession of the liquor and against the party who irterposes the claim and may he entitled in tho natne of the State of AIaha ma against thesaid party so appearing. if any. and If no one appears may be entitled as against said liquors adding for identi- heation the name of the person or per- sons mentioned in the affidavit for war rant. The said case shall he tried. in court as other cases are tried there. In. If no party appears to make a claim at the time specified In tha no. tice, or If no verified answer contro- verting the allegation of the complaint and the grounds of complaint Is inter. posed. the judge or justice shall pro. ceed to hear the testimony in support thereof. If, 1t be established upon the hearing before said judge or Justice or upon the>triai action if issue be joined. that the liduors 30 seized were kept stored or deposited for the purpose of unlawful sale ar other disposition or furnishing or, distributing within this this State. or if 1t appears that the com plainant has established ground for the issuance of such search warrant. judgment or forfeiture and destruction of said liduors and vessels shall he en- tered which judgment shall provide fnr the public destruction of such liquors and the vessels in which s6he same were contained by and under the direc- tion of the officer who seized the same. or some other officer to be named by the court or judge. If the testimony produced on the hearing before the judge or justice, or upon such trial be- fore the judge or court shall fail to establish the complaint or that a ! ground existed for the issue of the warrant, or that the liquors and ves- sells were kept. stored or deposited fcf the purpose of .unlawfut sale oS other disposition or furnishing, distributing or delivery within thls State, judgment shall be entered dismissing such com plaint and proyiding that such, liquors and the vessels containing the same be returned to the place from which or to the person from whom they were ta- ken If different parties appear and claim separate portions of the liquor seized, separate answers may be filed and separate Issues may be framed and the trial had accordingly either before the magistrate or in the higher court to which the same may be carried by appeal. If Judgment shall be against only one party defendant appearing he shall be charged to pay all the costs of the proceeding in the seizure and de- tention of the liquors claimed by him and the costs of the trial: But if judg- ment shall be rendered against more than one party claiming distinct parts of or interest in said liquors and yes. seis. then the cost of the proceedings and trial may be equitably apportionet among the defendants for the amount of costs to be adjudgsd against them according to the discretion of the mag. istrate or court. Tn the event no ons appears to contest the order of for. feiture and condemnation or if tht complaint is not sustained and no judg. ment or forfeiture Is obtained the costs shall be taxed and paid as costs are taxed and paid in criminal prosecutions wherein the State fails. and this rul' shall apply as to any separate clain where several parties appear. claim and contest, and such separate claim is sus
 tained and there Is failure to obtain a, to the part of the liquor so claimed
 Tn the event no one appears to contes the order of forfeiture and condemns ton or if the complaint is not sustained and no judgment of forfeiture obtained the costs shall be taxed and paid al costs are taxed and paid in crinnina prosecutiops wherein the State fall ant this rule shall apply as 10 any separ
 ate claim when several parties appear claim and contest and such separate