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


room or place shall be deemed sep
arate offense for each day that Il con-
tinues; AMI any violation Of this Sec
ton. whether q FIRST or O subsequent
offense. shall be punishable as pre-.
scribed by section 3 for violations Of
that section.
Any place or room kept or MAIN
tanned In violation Of the provisions
of this section shall be deemed TO be
q common nuisance and may be abat-
ed by writ Of Injunction issued out OF
. court Of equity upon . bill filed In
the name Of the state attorney gem
eraL or any solicitor or prosecuting
attorney whosa duties requires him to
prosecute criminal causes on behalf
of the state. In the county wherein
the nuisance Ia maintained. or by any
citizen or citizens Of such county. such
bin to be flied In the county In which
the nuisance exists. And all rifles Of
eviderce. and the practice and proceed
ure that pertain to courts OF equity
generally In this State may be invok-
ed ana applied in any Injunction here
under. ANY chartered club or incor-
porated association OF persons undar
the laws Of Alabama that II guilty
Of violating any Of the provisions OF
this section OF this act or maintains or
keeps any such place as IL hereinabove
Fh8h k0hACth ito Sh8t w.
and such forfeiture may be declared
by o proceeding in quo warranto
against the club or incorporated as
ISOLATION In a court Of competent tur-
addiction in the county where the I'M
lawful act is committed.
G. That IL any section or provision
of this act shall be held to be void
or Unconstitutional 1t sharl not affect
or destroy the validity or constitu-
tienality OF any other section or pro-
vision which 10 not In and OF itself
void and Unconstitutional: ana II Il 10
not intended by this act to interfere
with the exclusive power Of congress
Of the United States to regulate COM
merce with foreign nations and among
the several States. and this act shall
be 30 construed as to avoid conflict
with that clause Of the constitution
of the United States which confers up
on the congress the power to regulate
commerce with foreign nations and
among the several States and with
Indian tribes.
I. That this act shalt be literally
construed so as TO accomplish the pur-
pose thereof, which ~ to promote TEN.
perance ana reduce and discourage the
use and consumption of the said pro-
hibited liquors and beverages describ-
ed In section 1 OF this act; and any
device or substitute for any OF tho
prohibited liquors and beverages, In
GLIDING those beverages that are COM
monty known and called NEAR beer"
such as white Top, Pabst mead and
other similar drinks and beverages.
shall be held and deemed to be within
the Inhibition Of this statute.
=. That all laws and parts OF laws,
general, local and special. In conflict
with the provisions Of this act be and
the same are hereby repealed; but the
sections from to 10. both inclusive
of this act, approved November 20.
1907, referred TO in section. 8 OF this
act, are not repealed; provided, how
ever, that this repeal shall not affect
any existing right. remedy or defense
or 1iabitity Incurred nor shall II AFFECT
any action or prosecution civil pr
criminal. already o0nnmenceAe t0fy which
may hereafter be comeneed. for any
offense already committee. or TO en-
force any right or penalty. or punish
ment under any repealed law. and as
TO all such cases the law enforced at
the time OF the enactment fthis stat
ute shall continue in force.
Q. That this act shall take affect
from ana after Its approval by the
governor, the public welfare requiring
II.
Approved uAEust eth. 1903.
official
Frank N. Julian.
secretary of State.
80. ----
No. ell AN ACT. III. 22.)
To authorize and provide for the de-
posit by Life Insurance. Companies or
ranized under the Laws of this State
Of securities equal to or in excess OF
the legal reserve on or value OF poll
cies issued by them, and for the regis
tration of such policies.
Sec. /. Be 1t Enacted BY the Legis-
iatura of Alabama, that any Life Insur-
ance Company organized under the
laws OF this State may deposit with
the Insurance Commissioner, In addi-
tion to the amount which may now or
hereafter be required by law to be de-
poeited. securities to any amount not less
than 100000, which securities shall
be delivered 10 the State Treasurer by
said Insurance Commissioner ana held
by tho State Treasurer in his offtcial
in trust for the common bene-
fit of all holders OF Its policies regis
tered under the provisions OF this act.
And any company making such depos-
its shall make further deposits from
time to time as hereinafter by this act
provided. Such securities may include.
in addition to the kind OF securities
now required by Section 1855 OF the
Code to be deposited certificates OF de-
posit issued by any National Bank. or
by any bank or trust company organ-
lied under the laws OF this state, bonds
OF the United States. OF any county or
municipal corporation. of this state.
the market value OF which is above
par, notes or mortgages, secured by
real estate for double the amount. and
duly recorded conveyances, vesting title
in the state Treasurer. in his onicial
capacity. OF real estate acquired by
instituted by 1t upon
mortgages In which its funds have
been lawfully invested, and Of
other improved real estate lawfully
acquired by such company. which con-
veyances shall be accompanied by sat-
lsfactory evidence of ownership OF the
property described therein; provided,
that any and ell nj such securities be
satisfactory to the Insurance Commits
sioner. The State Treaaurer shall hold
1.-THE to such real estate SO conveyed
To him in trust az aforesaid until 9TH
err satisfactory securities in liasi there
upon the substitution OF other satis-
factory securities for any particular
niece of real estate SO held by him he
shall reconvey the same to the COM
pany The Insurance Commissioners
may cause such real estate to be val
ed. and properly certify the ascertain
ed value to the State Treasurer, and
the company shall pay all reasonable
costs incurred for such valuation. and
any other expenses incident to the
OF the deposits aforesaid.
Sec. 2. After the making OF the de-
posits provided for In this act such
r. ND nj M 10