The Birmingham age-herald., 1909-08-30

prosecutions In Which the State falls, and the costs in such injunction case, unless charged against some party de- fendant by the court and collected from him, shall be paid as in criminal cases in which the State fails, upon the court making an order to that ef- feet.
 21. Prohibited liquors and beverages kept stored or deposited in any place in this State for the purpose of sale or unlawful disposition or unlawful furnishing or distribution and the ves- sels and receptacles in which such liquors are contained, are hereby de- clared to be contraband and are for
 feited to the State when seized and may be condemned for destruction as hereinafter provided, and prohibited liquors and beverages may be searJed for, seized and ordered to be destroyed as hereinafter set forth.
 211. That in all criminal prose cutions against any person for violat- ing a provision of the act approved August g, 1909, for the suppress ssion of
 the evils of intemperance, the couI or judge upon a conviction may order
 the destruction of such prohibited liquors or beverages as had been sold,
 offered for sale, or had or kept in possession for sale or otherwise dis posed of by the defendant or had been employed by him for use or disposition at an unlawful drinking place. or had
 been kept or used in conducting the
 business of a liquor dealer or malt liquor dealer when such liquors or
 beverages have been seized for use as
 evidence In the case and such court
 or judge shall have the like power
 upon conviction in case of the seizure for use as evidence such prohibited
 liquors and beverages in prosecutions
 against any person for unlawfully
 storing, accepting on consignment or delivering or transporting or shipping such prohibited liquors and beverages. 22. That a search warrant for the seizure of liquors and beverages that
 are prohibited to be sold or otherwise disposed of in this state together with the vessel or other recep tacles in which they are contained may. be is- sued as hereinafter prescribed, and the proceedings to secure the destruction of such liquors, beverages, vessels and receptacles upon the grounds herein defined, shall be as follows;
 CD. The warrant may be issued by justices of the peace, judges of the county court, of any inferior court possessing the civil or criminal juris diction of justices of the peace, by ! recorders or oth CT municipal judges of towns or cities by whatever name ] called; and the word magistrate here | i the officers authorized to issue war rants.
 2. Said warrants may be issued only on probable cause supported by af- | fidavit naming or describing the per- 1 son or other party whose premises are | to be searched if known, and describ- | ing as near as may be the liquors and 1 beverages to be searched for and the
 place to be searched, but tn liquors | ha | hibited liquors and beverages or ] spirituous, vinous or malt liquors if more specific description be not ob- l tainable, and the affidavit may show | that more specific description is not obtainable The warrant may be executed by any one of the officers
 to whom it Is directed, but by no other l person except in aid of the officer, he being present and acting in its execu- 1 tion, but the complainant may accom- | pany the officer who executes the
 warrant and give information and as- 1 sist him In executing the writ. writ l addressed to a sh erif may be executed i by deputy sheriff.
 8. The magistrate before issuing
 warrant must examine the complain l ant on oath and any other witnesses
 he may produce eff he produces any) l and take their deposition In writing l and cause the same to be subscribed | by the person or persons making them
 and the same must set forth facts and circumstances or both, tending to establish the ground or grounds of the 1 application or probable cause for be- | lieving that ground exists authoriz- l ing search warrant to issue
 4. If the magistrate is satisfied of l the existence of ground or grounds 1 for the application, or one of them or that there is probable cause to be- lieve 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 liuuors and beverages and to bring | them before the magistrate; if the warrant is sought to search a place
 whose keeper or owner is unknown, l the affidavit may so state and the warrant may issue accordingly. The
 magistrate may direct the warrant to
 the chief of police or any pollce ola,ees me e,l l of a city when the place to be searched
 is within city or within the police jurisdiction thereof.
 D. The warrant may be in substan- tially the form prescribed by the Code of Alabama for other search war
 rants, and must, except as herein otherwise specified, be executed in the manner and W1ln the dullloiilS ol 'hS
 officer as prescribed by said Code In | respect to other search warrants. G. The warrant may be issued on any one of the following grounds: (a) When any person, firm, associa- tion of persons or corporation, or un- known person or other party, Keeps a
 place where prohibited liquors and beverages, or any of them, are manu- factured sold, kept for sale or other wise disposed of contrary to law, or when such liquors and beverages or any of them, are stored for sale' de- livery 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, f1rm as-
 sociation of persons or corporation
 conducting on the premises an unlaW- full drinking place or maintaining lfouor nuisance thereon by means thereof.
 (c) When any person, firm, associa-
 ton or corporation is carrying on at
 the place the business of a retail or
 wholesale dealers in liquors except bona fide druggists, who sell and keep
 for sale alcohol only under the regu- lations prescribed by law) or the busi-
 ness of a retail or wholesale dealer Tn
 malt liquors, and said liquors are kept
 for sale by such dealer.
 T. When an officer takes pfohlolted
 liouors and beverages under the war
 rant he must, if required, give a re-
 ceipt to the person from whom they
 were taken, or in whose possession
 ola ai in fnDs