The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-08-30

sum as the court may deem just for
necessary expenses incurred In trans
porting and providing storage fol-
liquors and beverages and other nFUv-
able property seized; all which costs
shall be taxed In the bill Of costs. and
II not collected from o defendant then
shah be taxed and paid as In criminal
prosecutions In which the State fails;
and the costs In. such injunction case.
unless charged against some party de-
PENDANT by the court and collected
from him. shall be paid as m criminal
cases in which the State fails. upon
the court making an order to that eff
feet.
II. 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-
sells 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 searched
for. seized and ordered to be destroyed
as hereinafter set forth.
3 81 la. That In all criminal prose-
buttons saginst any person for violat.
AL PNVtt1hOu Vi tuo AT ePPtS' ~
August 9. 1909. for the suppression OF
the evils of intemperance. the court
or Judge upon 4 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 jis-
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
or transporting or shipping
such prohibited liquors and beverages.
%. That 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 receptacies in
which they are contained. may be Is
sued as hereinafter prescribd. and the
to secure the destruction
of such liquors. beverages, vessels and
receptacles upon the grounds herein
shall be as follows:
ID The warrant may be issued by
justices OF the peace. judges of the
county court, of Aiany inferior court
the civil or criminal juris-
iiction OF justices Of the peace, by
recorders or other municipal judges of
towns or cities by whatever name
and the word magistrate here
matter employed shall include each OF
the officers authorized to issue war
rants.
2. Said warrants may be issued only
on probable cause supported by al
naming or describing the per-
son or, other party whose premises are
to be searched II known. and describ-
ing as near as may be the liquors and
beverages to be searchd for and the
place to be searched. but the liquors
or beverages may be described as pro-
hibited liquors and beverages or
vinous or malt liquors X
more specific description be not OBJ
and the affidavit may show
that more specific description is not
The warrant 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 execu-
ton, but the complainant may accom-
pany the officer who executes the
warrant and give Information and as
sist him in executing the writ. A writ
addressed TO a, sheriff may be executed
by q deputy sheriff
8. The magistrate before issuing a
warrant must examine the complain
ant ON oath and any other witnesses
and take their deposition In writing.
and cause the same to. be subscribed
by the person or persons making them:
and the same must set forth facts and
or both, tending to
establish the ground or grounds OF the
application or probable cause for be-
lieving that a ground exists authorIz-
ing search warrant to issue.
1. II the magistrate Is satisfied of
the existence of ground or grounds
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 search warrant
signed by him directed to the sheriff
or to any constable of the county.
him to forthwith search
the place named for the prohibited
LIQUORS ana beverages and to bring
them before the magistrate; II the
warrant is sought to search place
whose keeper or owner Is unknown.
the AkkluANAL may ~ DNotO e$NO 49,
warrant may issue accordingly. The
may direct the warrant to
the chief OF police or any police officer
of a city when the place to be searched
ia within a city or within the police
Jurisdiction thereof.
&. The warrant may be in substan-
TALLY the form prescribed by the Code
of Alabama for other search war
rants, and must. except as herein
fxA o. In
manner and with the authority of the
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, Arm. associa-
ton of persons or corporation, or un-
known person or other party, keeps
place where prohibition liquors and
beverages, or any of them, are manu-
featured, 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 Arm. as
ISOLATION Of persons or corporation
conducting on the premises an unlaw-
full drinking place or maintaining a
uouor nuisance thereon by means there
of.
(c) When any person Arm. assoc!a-
ton or corporation Is carrying on at
the place the business of retail or
wholesale dealers in liquors Except
bona fde druggists, who sell and Keep
for sale alcohol only under the regu-
nraaOrihod hU llwl the bnSi-