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


 titled to receive them.
 F. The payment of a retail liquor dealers or retail malt liquor dealers special United States internal revenue tax for the place and covering the period in which such liquors are seized, or the maintenance or posting in any place where such liquors are seized of Il retail liquor dealers or retail malt liquor deal- CTS speciI1 United States internal reve. nue tax stamp, or a wholesale malt or liquor dealers tax stamp in force and effect at the time of such seizure. or the posting, keeping or maintaining of a notice or sign of any kind on or about the premises where such liquors are seized indicating that prohibited liquors are there sold, kept or given away. shall be prma facie evidence that the liquors so seized were kept stored and deposited for unlawful sale or unlawful furnishing, disposition or delivery and shall eonst- tute probable cause justifying the issu- ance of a search warrant to search the premises for prohibited liquors OF beyer- ages, and shall justify an injunction upon q bill filed in equity to abate q liquor nuisance at the place where the same Is posted. The keeping of prohibited liquors in any building not used exclusively for a dwelling shall be prima facie evidence that the same are kept to be sold or otherwise disposed of or delivered or furn- ished contrary to law, except q s 10 bona fide 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 d deelara- ton in accordance with said section. No search warrant shall be taken out or bill of injunction filed against any wholesale or retail druggist paying such tax as retail Or wholesale dealer until after the expiration of thirty days from the pas sage of this act unless other evidence be obtained showing probable cause other than the payment of such special tax, og the posting of such special stamp. But nothing herein is intended to prevent any action to be taken against any druggist at any time when there is evidence of d violation by him at any law for the sup pression of intemperance, or against the sale or other disposition of prohibited liquors and beverages.
 13. No person excepting one who an- in the liquors some right, title or interest in the liquors so seized, shall be eX cused from attending and testifying or producing any books, papers or other documents before any court Or judge or justice upon any such hearing or trial upon the ground or for the reason that
  or otherwise, required of him may tend to convict him of crime or to subjec- him to a penalty of a forfeiturei but no person shall be prosecuted or subjected to any penalty or forfeiture for or on ae- count of any transaction, matter Or thing concerning which he may so testify or produce evidence documentary or other wise, and no testimony so given Or pro- duced shall be received against him upon at1tr ,ef fr,p fntra ffrrat tfa,, f1I ceeding.
 H. A search warrant subject to the rules and restrictions herenabove de- clared may be likewise issued by any judge of a city, circuit, criminal or other like court of record possessing criminal jurisdiction, returnable before the court in term time, and on the return of the warrant the same proceedings may be had before the judge sitting as a court are prescribed hereinabove for the trial before magistrates issuing said warrants. Any defendant to the warrant in such court of record may have a jury trial upon demanding the same at the time he files his verified answer and claim
 15 Where an officer seizes liquors and vessels under a search warrant he shall appear on the day fixed for the hearing and prosecute the case on behalf of the State, and if there be in the county at ludL llIllt d SOlCllOI UT HIS dtpulA UT other prosecuting attorney, he may notify such officer of the hearing, and such of flcer shall appear and prosecute said case on behalf of the State in connection with the officer making the seizure anr in connection with the complainant is suing out the search warrant if the latter wishes to appear therein.
 16 There shall be allowed the officer making the seizure under a search war of (, .I.II,. I the sum ot two dollars additional for every day that such officer shall neces- sarily be employed in attending court for the purpose of causing liquors seized to be condemned; and the sum of ten cents per mile for each mile he shall travel in executing the writ together with such reasonable sum as the court may deem just for necessary expenses incurred in transporting and providing storage for liquors and vessels seized; all such costs shall be taxed in the bill of costs, and 1T not collected from the defendant or de- fendants, shall be taxed and paid as in criminal prosecutions in which the State fails upon the court or judge or justle. making an order to that effect.
 r. That whenever in any search war. rant proceedings for forfeiture and de- struction of liquors ana vessels 1t shall appear to the judge or court that there has been any irregularity in the service of any process or notice, or any omission to post or serve notices required or any defect in the affidavit or notice or in the service or return of either, the judge or court may permit the same to be amended, and may direct such further service or process or of notice as will in the judgment of the judge or court be most effeetual in securing notice of the proceeding to those who may be entitled thereto, and so that the proceeding may not fail for any irregularity or technical ity.
 IS. A search warrant may be sued out and prosecuted in accordance with the rules and regulations hereinabove pre- scribed in case there is probable cause to believe and it Is made to appear to the magistrate or judge issuing the war rant that there Is probable cause to be- lieve that prohibited liquors and bever- ages, or some of them, are kept or de- posted in or a steam boat water craft of any kind, or in a depot. railway car or land carriage of any kind. for un- lawful sale, furnishing, distribution or other unlawful disposition. The place where such search is to be made should be described as near may be in the affidavit and warrant for purpose of Identification.
 22h. Upon the trial of complaint, warrant or indictment, or in any other judicial proceeding. in which any person, firm or association or corporation Is charged with having sold, or offered fSr sale, spirituous or male liquors, or prohib- ited liquors and beverages. whether the sole charge or not, or with becoming wholesale or retail dealer in liquors or with being a wholesale or retail dealer in malt liquors, or with carrying on the business of such wholesale or retail deal