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

10 be manufactured sold or otherwise
 ulsposed Of in this State; @ all houses.
 shops or places where such prohibited
 liquors and beverages, or any of them
 are sold, bartered, exchanged or other
 wise disposed of to be drunk on or near
 tne premises, or where such prohibited
 llquors' liquids, or beverages are kept
 TOT the purpose of sale or other dis position thereof in violation of law: C3)
 all places of resort where. persons
 are permitted to resort for the purpose
 or drinking such liquors or beverages on
 or about the premises; (D any unlawful
 place that is kept or maintained in vio-
 latloh of the law of the State; (5) all res
 taurants, hotels and public eating places
 where the prohibited liquors and bever-
 ages, or any of them, are sold or served
 TOT beverage purposes; (0 all places where business is carried on by a whole
 sale or retail dealer in liquors, or by A
 wholesale or retail dealer in malt liuuors
 or by brewer or distiller or rectifer
 or spirits in violation of the law of tho state' CO all warehouses or storage places
 where the prohibited liquors and bev-
 erages, or any of them, are kept or stored or received on consignment, or for dlstri- button or delivery, contrary to the law
 
 abate such nuisances may be filed against
 any person, firm or corporation who main-
 talns or aids in maintaining such nui-
 sances, including agents, servants and
 employees, as well as officers of corpora tions.
 zo That the nuisances named in the preceding section may be abated by Q proceeding in equity in a court of com petent Jurisdiction, and the State Attor-
 ney-General, or the circuit or other solic- ltor, or deputy solicitor, or any prose- cutting officer within county where
 his official duties require him to prose- cute criminal causes on behalf of the State, or by any citizen, or citizens of | the county wherein such nuisance exists | or IS maintained, may upon their relation | hle a bill in the name of the State of | Alabama in the chancery court or other court possessing equity Jurisdiction, in l the county where the nuisance exists to | abate and perpetually enjoin the same | The bill or petition shall state the facts 1 upon which the application is based and | shall be verified by the affidavit of the l officer or citizen filing the suit, either l upon knowledge or information and belief l as the circumstances may warrant, and in l case the bill is filed by any one of the | officers named and he be unwilling to | make the affidavit, the verihcation may | be made by any citizen or citizens in the manner and terms as if the bill had | been filed by him or them. No bond shall | be required as a condition precedent to 1 the issuance of a preliminary injunction when the suit is brought by the Attorney 1 General of the State, or solicitor, deputy ] solicitor or any other prosecuting official When a bill making a prima facie case | and properly verified is presented to the
 chancellor or judge of the court wherein | the bill is filed, or is to be filed, or other it,1c I. To oF 4ta &a | to grant a fiat for a preliminary, injunc- ] tion. such chancellor or judge may order
 an appropriate preliminary injunction to | issue In accordance with the prayer of | the bill, and the chancellor or judge may I direct the terms of the preliminary in- l Junction so as to carry out the purposes | of this section, which is to secure the | restraint and abatement of such liquor | nuisances on the premises. The owner of and all persons interested in the building 1 or premises where the nuisance exists, | or any agent renting the same, as well ] as the keeper thereof may be joined with | the keeper as parties defendant to the | proceedings, and all such owners, keepers, parties interested or agents who may be | found to have knowingly assented to the
 keeping or maintaining of such nuisance l on the premises at any time within six l months prior to the commencement of the l suit and their servants. lessees and ten- | ants, shall be perpetually enjoined from l maintaining and keeping, or suffering to | be kept and maintaining such nuisance, l or any liquor nuisance, upon the said l premises The court shall have full pow l CT and authority to maintain its jurisdic- | ton and by all suitable orders and writ | to enforce it's decrees in respect to the | subject matter of the suit, and to so | shape and mould it's decrees as to accom- | plish the purpose of the bill and all | the rules of evidence, practice and pro- l cedure, except as otherwise herein pro- | vided, that pertain to courts of equity | generally, or that exist by virtue of any | law of this State. may be invoked and | applied in any such injunction proceed ] ing instituted hereunder. Upon final | hearing of the case instituted to abate | a liquor nuisance if it shall appear that | the bill has been sustained by the evi- l dence, or has been taken for confessed l the court shall order an abatement of l the nuisance, which order shall direct l the destruction of all such prohibited | liquors and beverages as are found upon | the premises, together with all signs l screens bars, bottles, glasses and other | moveable property used In keeping and maintaining said nuisance and the de- | struction of all such liquors and bever- | ages, and such movable property as may | have been seized under authority of the | court pending the hearing of the cause. If the bill shall pray for a writ of | seizure authorizing the sheriff to seize | all prohibited liquors and beverages on | the premises, together with all signs, | screens, bars, bottles, glasses and other | moveable property used in keeping and | maintaining said nuisance, the officer, or | citizen, or citizens, filing the bill may l at the time they apply for a preliminary | injunction make application to the judge who grants the fiat, or to the judge or | chancellor of the court in which the bill is or is to be. filed, or they may at any time pending the hearing make such ap- plication to said judge or chancellor for such writ of seizure, and said writ may be ordered to issue when probable cause is shown, supported by oath or affirma- tion for the issuance of said writ, and that the officer or person making the application or filing the bill has probable cause to believe, and does believe that said prohibited liquors and beverages are manufactured, sold, furnished, given away, kept or offered for sale in viola ton of law on or about said premises,
 and the said officer, or citizen, making the application may support the same by the production of witnesses whose dispositions may be taken in writing and
 be sworn to and subscribed by the per-
 sons making them. and the judge may order said writ of seizure when he is satisfied from the affidavit of the officer or citizen, or the dispositions of witnesses, one or both, that facts have been pro- duced affording probable cause for be- lieying the grounds of the application to exist. Such writ shall name or describe the person or other party whose prem ises are to be searched, and shall describe as near as may be the liquors or bever- raln