The Birmingham age-herald., 1909-08-08

rant must examine the complainant on
 oath and any other witnesses he may
 produce eff he produces any) and take
 their dispositions in writings, and cause
 the same to be subscribed by the person
 or persons making them: and the same
 must set forth tending to establish the
 ground or grounds of the application or
 probable cause for believing that ground
 exists authorizing search warrants to is
 sue.
 4 If the magistrate is satisfied of the
 existence of ground or grounds for the
 application, or one of them, or that there
 is probable cause to believe the existence
 of them, or one of them, he must issue
 a search warrant signed by him directed
 to the sheriff or to any constable of the
 county commanding him to forthwith
 search the place named for the prohibited
 liquors and beverages, and to bring them
 before the magistrate; if the warrant Is
 sought to search place whose keeper or
 owner Is unknown, the affidavit may so
 state and the warrant may issue accord
 ingly. The magistrate may direct the
 warrant to the chief of police or any po-
 lice officer of a city when the place to
 be searched Is in a city or within the po-
 lice jurisdiction thereof
 B. The warrant may be in substantially
 the form prescribed by the code of Ala
 bama for other search warrants, and
 must, except as herein otherwise speci-
 fed be executed in the manner and with
 the authority of the officer as prescribed
 by said code in respect to other search warrants
 6. The warrant may be issued on any
 one of the following grounds: (a) When any person, firm, association of persons or corporation, or unknown person or other party keeps place where prohib- tied liquors or beverages, or any of them. are manufactured, sold, kept for sale or otherwise disposed of contrary to law, or when such liquors and beverages, or any of them are stored for sale, delivery or distribution contrary to law, or for other
 illegal purposes in any warehouse or other place. (b) When such prohibited liquors or beverages, or any of them, are in the possession of any person, firm, as- sociation of persons or corporation, con ducting on the premises an unlawful drinking place or maintaining liquor
 nuisance thereon by means thereof. Co. When any person. firm, association or corporation Is carrying on at the place the business of retail or wholesale
 dealers in liquors (except bona f1de drug gists, who sell and keep Tor sale alcohol
 only under the regulations prescribed by law or the business of retail or
 wholesale dealer In malt liquors, and said liquors are kept for sale by such dealer '. When an officer takes prohibited liquors and beverages under the warrant he must, if required, give receipt to the person from whom they were taken or In whose possession they were found, and also a receipt for such receptacles or ves- sells as may be taken under the war rant and the warrant must be executed and returned to the magistrate by whom ] it was issued within ten days from date lFa,, bat frna not fnA te- l void.
 The officer in his return of the warrant to the magistrate must specify with par 1 ticularity the liquors and beverages and 1 other articles taken; and the applica- ton for the warrant and the person from whose possession the liquors and articles
 were taken are entitled to copy of the
 warrant signed by the magistrate, which l he must furnish them on their applica- 1 ton therefor The warrant may be ex-
 ecuted at any time between s o'clock in l the morning and o'clock in the after
 noon or at any other time that the place 1 or premises are open
 s. When liquors and vessels are seized l by the officer they shall be held by him subject to the orders of the magistrate
 or the court to which the proceeding
 may be carried by appeal; and upon final l judgment in accordance with the proce- 1 dure herein defined, must be returned to l the lawful owner or owners or be other wise disposed of according to law. Liquors seized and vessels containing 1 them shall not be taken from the cus- l tody of the officer by writ of replevin or detinue or other process while the pro- | ceedings are pending; a final Judgment 1 of condemnation in all such cases is a 1 bar to all suits for the recovery of any | liquors or vessels seized for the value l of the same and for damages alleged to | l tention thereof. The word vessel when
 used herein shall also include receptacles. l and the word liquors shall also include | other beverages that are seized.
 9. Upon the return of the warrant to 1 the magistrate showing seizure there
 under the magistrate shall issue a notice
 directed generally to all persons claiming | any right, title or interest In such liquors | to appear before the magistrate issuing l the warrant at a time and place therein | specified not less than five nor more than l Is days after the issuance of said notice | and show cause why such liquors and 1 vessels shall not be forfeited to the state 1 and destroyed. A copy of such notice shall be delivered to the person or other l party who kept the liquor or had pos
 session of the liquor at the time of the
 seizure. and copy shall also be de- l livered to the party named in the affi- dayit for the warrant, If different party l from the one who kept or had possession | of the liquors at the time of the seizure, l and the officer shall place another copy 1 of such notice in a conspicuous place uopn l said premises. At the time and place l specified in the notice any person claim l ing any right, title or interest in the l liquors and vessels seized under such l warrant may interpose verified answer l controvertng the allegation of the com l plaint upon which said warrant was is- l sued and controverting the ground or l grounds upon which the warrant was is | sued and shall propound In such answer what right, title or interest he claims In | the liquors or vessels seized The issue
 thus framed shall be deemed action 1 pending in the court of the judge or | justice who issued the warrant between 1 the state of Alabama on the relation of l the complainant and the liquor and ves- | sells so seized and against the party in
 possession of the liquor and against the party who interposes the claim and may
 be entitled in the name of the state of | Alabama against the said party so ap- l bearing, If any, and if no one appears
 may be entitled as against said liquors. | adding for Identification the name of the | person or persons mentioned in the affi- | davit for warrant The said case shall 1 be tried in court as other cases are tried ] therein If no party appears to make | a claim at the time specified in the notice, | or if no verified answer controverting the | allegations of the complaint and the | grounds of complaint Is interposed. the judge or justice shall proceed to hear | the testimony in support thereof If 1t be established upon the hearing before
 said judge or justice or upon the trial