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

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 detention of the liquors claimed by him and the costs of the trial. But if Judgment shall be rendered against more than one party claiming distinct parts of or interest in said liquors and vessels, then the cost of the proceedings and trial may be equit- ably apportioned among the defendants for the amount of costs to be adjudged against them according to the discretion of the magistrate or court. In the event no one appears to contest the order of for feiture and condemnation or if the com plaint is not sustained and no judgment 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 rule shall apply as to any separate claim when several par ties appear, claim and contest, and such
 separate claim Is sustained and there Is
 failure to obtain as to the part of the liquor SO claimed. In the event no one appears to contest the order of forfeiture and condemnation or if the complaint Is not sustained and no Judgment of forfei- ture Is obtained the costs shall be taxed and paid as costs are taxed and paid in criminal prosecutions wherein the state falls and this rule shall apply as to any separate claim when several parties ap- pear. claim and contest and such sep arate claim Is sustained and there Is failure to obtain judgment as to the part of UnIInrG claimed AnV aDneal from such magistrate must be taken with in five days from the date of judgment and an appeal 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 a prayer for an appeal with the magis- trate.
 10 Any person appearing and becoming party defendant as aforesaid may appeal from the Judgment of forfeiture and con- demnation as to the whole or any part or the liquors 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 in cases ap-
 pealed from a justice of. the peace or county court to such higher court, the ap- peal to be granted upon parties giving
 bond for the cost of appeal, and that will be incurred In such higher court and upon
 written demand being made therefor 1n- dorsed on the appeal bond at the time said appeal Is taken, the appellant may be
 entitled to a jury for the trial of the case in sa1d circuit or other like court And
 said trial court shall proceed with the case de novo and may cause suitable is- sues to be framed for the determination
 of the case.
 Ii. Whenever 1t shall be finally decided
 that the liquors and vessels as aforesaid are forfeited and ordered condemned, the
 magistrate or court rendering final judg ment of forfeiture shall issue to the off cer having said liquors in custody writ ten order directing him forthwith to de-
 stroy said liquors and vessels, and inn
 medlately thereafter to make return of
 said order to the court whence issued with
 his doings indorsed thereon. When 1t Is finally decided that the liquors are seized
 are not liable to forfeiture the magistrate
 or the court rendng the decision shall issue a written order to the officer having the same in custody to restore the same with vessels to the place where seized as nearly as may be or to the persons who 1 are entitled to receive them.
 l F. The payment of a retail liquor deal
 CTS or retail malt liquor dealers special | United States internal revenue tax foI
 the place and covering the period in which
 such liquors are seized, or the mainten-
 ance or posting in any place where such | liquors are seized of retail liquor dealers l or retail malt liquor dealers special United | States internal revenue tax stamp or a | wholesale malt or liquor dealers tax stamp l in force and effect at the time of such
 seizure, or the posting keeping or main- ! taining a notice or sign of any kind on or about the premises where such liquors are seized indicating that prohibftive l liquors are there sold. kept or given away. shall be prima facie evidence that the liqnors so seized were kept, stored and
 deposited for unlawful sale or unlawful furnishing, disposition or delivery and shall constitute probable cause justifying
 the Issuance of search warrant to search
 the premises for prohibited liquors or beverages, and shall justify an injunction
 upon a bill filed In equity to abate a liquor nuisance at the place where the
 same Is posted. The keeping of prohibited liquors in any building not used exclusive ly for dwelling shall be prima facie evi- dence that the same are kept to be sold or otherwise disposed of Or delivered or furnished contrary to law. except as to bona fde wholesale and retail druggists selling alcohol as specified in section 22 of
 this act and who shall have filed with
 the probate judge of the county declara-
 tion in accordance with said section. No