The Montgomery advertiser., 1909-08-15

hearing and prosecute the case on be- half of the State, and If there be In the county at that time a solicitor or his deputy or other prosecuting at torney. he may notify such officer of the hearing, and such officer shall ap- pear and prosecute said case on be- half of the state in connection with the officer making the seizure and In | connection, with the complainant ts- suing out tho search warrant if the latter wishes to appear therein.
 "ie There Shall be allowed the of- ficcr making the seizure under a search warrant the sum of three dol lars. and also the sum of two dollars additional for every day that such officer shall necessarily be employed in attending court for the purpose of causing liquors seized to be condemn ed. and the sum of ten cents per mile for each mile he shall travel in execut- ling the writ. together with such req | sonable sum as the court may deem just for necessary expenses incurred in transporting and providing stor- age for liquors and vessels seized; all | such costs shall be taxed m the pill or costs. and If not collected from the defendant or defendants shall be paid as in criminal prosecutions in which the State fails upon the court or judge or justice making an order to that effect
 "i7. That whenever in any search warrant proceeding for forfeiture and destruction of liquors and vessels. It shall appear to the judge or court that that has been any irregularity in the service of any process or notice. or in the omission to post ar serve Jatices required or any defect in the ahidavit or notice or In the service or return of either. the judge or court may per nit the same to be amended. and may direct such further service or process or of notice as will in the Judgment fof the judge or court he most effectual lin securing notice of the proceeding of those who may be entitled thereto. and so that the proceeding may not fail for any irregularity or techni- calIty.
 l. "IS. A search warrant may be sued out and prosecuted in accordance with the rules and regulations herein above prescribed in case there is probable cause to believe and it Is made to ap- pear to the magistrate or judge issuing the warrant that there is probable cause to believe that prohibited liquors land beverages, or some Of them, are kept or deposited in or on an a steam
 boat or watercraft of any kind, or in
 a depot, railway car or land carriage
 of any kind. for unlawful sale, furn-
 ishing, distribution or other unlawful
 disposition. The place where such
 search is to be made, should be de-
 scribed as near as may he In the affi
 davit and warrant for purposes oi
 identification.
 Pure Revenue Tax Payment.
 "Sec 221- Upon the trial of com
 plaint. warrant or indictment. or in
 any other judicial proceeding in which any person, firm or association or cor
 poration is charged with having sold or offered for sale, spurious or malt liquors. or prohibited liquors and be-
 verages whether the sole charge or
 not or with wholesale or retail deal
 CT in liquors, or with being whole sale or retail dealer in malt liquors
 or with carrying on the bushes of
 such wholesale or retail dealer in liuuors or malt liquors, or with main
 taininR a liquor nuisance, it shall be competent to prove that the party
 charged has for the place and period
 of time involved paid g wholesale or
 retail dealers or wholesale or retail
 malt liauor dealers special United
 state Internal Revenue tax. according
 as the charge may, be. and it sha! also
 he eompetent to prove that the party
 charged had posted at the place and
 time involved a liquor dealers or malt dealers special United States
 Internal Revenue tax stamp postel
 on or about the premises, and paro testimony may be received of the pay. ment of any such special United States internal revenue tax and of the ex } istence of the special United StateI Internal Revenue tax stamp posted oi kepk on or near the premises at th' place, or on or about the premises m
 voived. and of the existence of ans Eother fact made evidence bys this sec ton: and the fact of the payment oi : such wholesale OF retailers or whole
 safe or retail malt liquors dealers :. special United States Internal Revenue
 tax for the place and covering the period involved shall be. deemed tt
 be and constitute prima facie evidenet
 that the party paying the same or ts
 whom 1t was issued, had sold, or ot' fered for sale, the liquors for which
 or for the privilege of selling which
 said sepcial tax had been paid, ans
 said special tax stamp obtained, apf that at the place and during the time
 for which said tax was paid, and al the place at which said stamp tax wal
 posted said party had carried on the business of wholesale or retail liquor dealer. or of a wholesale or retail malt liouor dealer, according to tht terms of the special tax stamp, and
 the possession ot said special taA
 stamp on or about the premises shal be prima facie evidence to the same effect: In any prosecution or any per
 son. firm or corporation, or any 1nol'
 nlal proceeding against such person
 Arm or corporation for carrying on the } business of brewer or distiller or rectiAer of spirits. the fact may DC shown in evidence by parol or other : competent manner that the party charged has taken out license from the United States as a brewer or lis tiller or reetifief of spirits or has paic a special Internal Revenue tax a' such brewer. distilleF or rectiher oi spirits, or has complied with the law of the United States emitting sucf
 party, so far as concerns said laws to be a brewer or Fectifier or distillel , of spirits for the place for the period l involved In the charge or in case an(
 shall be deemed prima facie evidence of the guilt of such party according } as the charge may be; and when thu . payment of such tax or the posting