The Montgomery advertiser., 1909-08-15
Money Tor seisnre.

lo .ni, t ordar inc ofHcer shall obey and | make return to the court VI ms | hereunder.
 "Sec. 20 l-2. There shall pc ahow led the ohice making the seisure na u asr s,ch writ in an injunction case the sum of three dollars and the sum of ten cents for every mile traveieo In making the seizure. together with such reasonable sum as the court may deem just for necessary expenses m cured In transporting ana proViuins storage for liquors and beverages aha other movable property seized .'.it ashict, coats shall he taxed in the bill of costs. and if not collected from a defendant then shall be taxed as m criminal prosecutions in which the state fails. and the costs in such in- junction cases unless charged against some party defendant by the court anu collected from him. shall be paid as | in criminal cases in which the state | fails. upon the court making an or der to that effect
 "sec. 21. Prohibited liquors and bev- srages kept. or stored or deposited in any place in this State for the pur- pose of sale or unlawful disposition or | unlawful furnishing or distributing and the vessels, receptacles In which such liquors are contained are here | by UeclAreu IO Uc COutA 0bahN e%fU forfeited to the State when seized. and may be condemned Tor destruction as hereinafter provided, and prohibited H. auors and beverages may be searched for, seized and ordered to be destroy ed as hereinafter set forth.
 Sec. 21 1-2. That in all criminal prosecutions against any person for violating provision of the act ap- proved August 9. 1909. for the sup pression of the evils of intemperance. 1.-the court or judge upon conviction may order the destruction of such pro- hibited liquors or beverages as had been sold, offered for sale, or had or kept in possession for sale or other wise disposed 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 con- ducting the business of a liquor dealer or malt liquor dealer when such li- quors 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 pro- hibited liquors and beverages in pros cautions against any person for un- lawfully storing, accepting on consign- ment or delivery or transporting or shipping such prohibited liquors or beverages.
 May Issue Search Warrant.
 "sec. 22. That search warrant for the seizure of liquors and beverages that are prohibited 10 be sold and otherwise disposed of in thls State to- gether with the vessels or other re- ceptacles in which they are contained may be issued as hereinafter pre- scribed.- and the proceeding to secure the destruction of such liquors, bev- erages, vessel, and receptacles upon the grounds herein defined, shall be as follows; l. The warrant may be Issued by justices of the peace, judges of the county court, of any inferior court possessing the civil or criminal Jurisdiction of justices of the peace, by recorders or other municipal judges of towns or cities hy whatever name called: and the word magistrate here lnafter employed shall include each of the officers authorized to Issue war. rants.
 "2 Said warrants may be Issued on- ly on probable cause supported by atii- davit the person or other property whose premises are 10 be searched if known. and describing as near as may be the liquors and beverages tU be searched for and the place to be searched, but the liquors and bever- ages may be described as prohibited liquors and beverages or spirituous. Vinous or malt liquors 1T more specific description be not obtainable and the affidavit may show that more specific description is not obtainable. The war rant may be executed by any one of the officers to whom it is directed but by no other person except in aid of the officer. he being present and acting in its execution, but the complainant may accompany the officer who exe-
 ,utes the warrant and give intormae lion and assist him in executing the
 writ. Any writ addressed to sheriff
 ray be executed ny deputy sheriff.
 "3. The magistrate before isBu.