The Montgomery advertiser., 1909-08-15

lures used for the unlawful manufac- ture, sale, furnishing, distilling. recti- fyine. brewing or Keeping of liquor or beverages that are prohibited by the laws of Alabama to be manufactured. sold, or otherwise disposed of in this State; f2) Al houses. shops, or places where such prohibited liquors and bev- erages. or any of them. are sold. bar | tered, exchanged or otherwise disposed of to be drunk on or near the premises. or where such prohibited liquors, I liquids or beverages are kept for the purpose of sale or other disposition | thereof in violation of law; (3) All places of resort where persons are per. mltted to resort for the purpose of | drinking such liquors or beverages on or bout the premises: 4.) Any unlaw l full drinking place that is kept or maintained in violation of the law of | the State; (5.) All restaurants, hotels 1 and public eating places where the | prohibited liquors and beverages, or | any of them. are sold. or served for | beverage purposes; (6) All places where business is carried on by | wboles sale or retail dealer in liquors, or | by A- wholesale or retail dealer in malt | liquors, or by a brewer. Or distiller or | rectifier, of spirits In violation of the | law of the State; CD All wareh ouses | or storage places where the prohibited | liquors and beverages or any of them | are kept or stored or received on con- | cry contrary to the law of this State. | The bill to be filed to abate such ruis- | ances may be filed against any person. I firm, or corporation who maintains or | aids in maintaining such nuisances, in- | cluding agents, servants and employees
 as well as officers of corporations.
 "sec. 2o That the ntiisances named | in the preceding section may be abated
 by a proceeding In equity in court of
 competent Jurisdiction and the State | Attorney General. or the circuit or oth- | CT solicitors, or deputy solicitor, or any | prosecuting officer within a county | where his official duties require him to | prosecute criminal cases on behalf of | the State, or any citizen or citizens, Of | the county wherein such nuisance ex- | ists Of Is maintained, may upon their | relation file a bill in the name of the State of Alabama in the chancery court. | or other court possessing equity juris- diction, in the county where the nus- ance exists, to abate and perpetually | entofn the same. The bill or petition shall state the facts upon which the | application Is based and nhall be veri | fled by the affidavit or citizen filing the
 suit, either upon Knowledge. or infor- I nation and belief, as the circumstances
 
 l filed by any one of the officers named l and he be unwilling to make the affida- lYt, the verihcatlon may be made by | any citizen or citizens in the same
 manner and terms as If the bill had | been filed by him or them. No bond shall be required as a condition prece- l dent to the Issuance of a preliminary injunction when the suit Is brought by
 the Attorney General of the State. or
 solicitor deputy solicitor or any other i prosecuting official. When a bill mak- l ing a prinia facie case and properly
 verified Is presented to the chancellor
 or judge of the court wherein the bill
 Is flied. or Is to be filed, or other judge | auth horized by the law nf the State to 1 grant a fiat for a preliminary injunc-
 tion such chancellor or judge may or l der an appropriate preliminary injunc- l ton to issue in accordance with the | prayer of the bill, and the chancellor
 or judge may direct the terms of the
 preliminary injunction so as to carry out the purpose of this section, which
 is to secure the restraint and abate- | ment of such liquor nuisance on the premises. The owner of and all per
 sons interested in the building or prem
 ises where the nuisance exists, or any | agent renting the same. as well as the
 keeper thereof, may be joined with the
 keeper as parties defendant to the pro-
 ceeiinss, and all such owners, keepers
 parties interested or agents who may
 be found to have Knowingly assented
 to the keeping or maintaining of such
 nuisance on the premises at any time
 within six months prior to the com | nnencement of the suit, and their ser
 wants, lessees, and tenants, shall be
 perpetualiy efijoned from maintaining
 and keeping, or suffering to be kept
 and maintained such nuisance or any Adj. Ina TNfA Q (
 The court shall have full power and au-
 thority to maintain its Jurisdiction and
 by all suitable orders and writs to en- l>force its decrees in respect to the sub
 feet matter of the suit, and to so shape
 and mould It's decrees az to accomplish
 the purpose of the bill and all the
 rules of evidence. practice and proceed
 ure, except as otherwise as herein pro-
 vided, that pertain to courts of equity
 generally or that exist by virtue of any
 law of this State may be invoked and
 applied in any such injunction pro-
 ceeding instituted hereunder. Upon 1 the final hearing of the case institutes
 to abate a liquor nuisance if 1t shall
 appear that the bill has been sustained
 by the evidence, or has been taken for
 confessed the court shall order an
 abatement for the nuisance which or
 der shall direct the destruction of all
 such prohibited liquors and beverages
 as are found upon the premises to-
 Rether with all signs, screens, bars,
 hotties. glasses and other movable
 property used in keeping and main-
 taininE said nuisance and the destruc-
 tion of all such liquors and beverages,
 and such movable property as may
 have been seized under authority of
 the court pending the hearing of the
 case If the bill shall pray for writ
 of seizure auth orizing the sheriff to
 seize all prohibited liquors and bever-
 ages on the premises together with all
 signs screens bars, bottles, glasses
 and other movable property used in l keeping and maintain said nuisance, | fine officer or citizen or citizens filing the Dill may at the time they apply
 for a preliminary injunction make ap- plication to the judge who grants the fiat, or to the judge or chancellor or
 the court in which the bill Is. or IS to l be. filed, or they may at any time pend
 ing make such application to said judge or chancellor for such writ of seizure, and said writ may be. ordered to issue lfwhen probable cause is shown, sup ported by oath or affirmation, for the I issuance of said writ and that the of
 flcer or person making the application | or filing the bill has probable cause to | believe. and does believe, that said
 prohibited liquors and beverages are | manufactured, sold, furnished, given 1 away. kept, or offered for sale in viola l tion of law on or about said premises. | and inc said officer or citizen making the application may support the same 1 by the production of witnesses whose