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

persons are permitted to reAort for
the purpose of drinking such liquors
or beverages on or about the premises;
"a any unlawful place that 10 kept
or maintained IN violation Of the law
of the State: ts) all rsstaurants. no.
tells and public eating places where the
prohibited liquors and beverages. or
any OF them, are sold or served for
beverage purposes; 90 all places where
business IL carried on by q wholesale
or retail dealer In liquors. or by q
wholesale or retain dealer In malt
liquors. or by brewer or distiiier or
recttfier of spirits in violation OF the
law of the state; CD all warehouses or
storage places where the prohibited
LIQUORS and beverages. or any OF them'
are kept or stored or received on con-
signment, or for distribution or deiiv-
cry, contrary to the law OF the stare.
The bill to be fled to abate such NUS
ances may be filed against any person.
firm or corporation who maintains or
aids In maintaining such nuisance. IN
Guiding agents, servants and employees
as well as oficers of corporations.
20. That the nuisances named IN
the preceding section may be abateo
by a proceeding in equity In q court
Of competent Jurisdiction. and the
state Attorney-General or the circuit
or other solicitor. or deputy soiicitol'
or any prosecuting ofncer within
county where his official duties REQUIRE
him to prosecute criminal causes on
behalf of the State. or by any eiH.e .s
or citizens. Of the county wherein sucn
nuisance exists, or IL maintained. may
upon their relation file Dill IN inc
nayne of the state of Alabama In the
chancervz court, or other court possess
tne equity jurisdiction. in the county
where the nuisance exists. to apate
ana perpetually enjoin the same. Inc
nil or petition shall state the facts
upon which the application Is oase1
and shall be verified by the amoaVN Q.
the officer or citizen ming the SUI
either upon knowledge. or inos
tion and belief, as the circumstances
NAV warrant. and In case the bill Is
f1led by any one Of the oficers named
ana he be unwilling to make the az
fdavtt.. the verification may be mace
nv any citizen or citizens In the same
manner and terms as IL the Dali "au
been flied by him or them. NO oono
shsii he required az o condition prece-
hent TO the issuance OF preliminary
Injunction when the suit Is brought by
the Attorney General of the STATE: OF
solicitor, deputy solicitor or any o'ner
prosecuting offlcial. When pm nan
ing a prima facie case ana pIop1S
verified ia presented to the chanceiior
a. ,udre of the court wherein the Dill
"a f;ied. or is to be fled. or other judge
authorized by the law Of the sta.e 10
grant a nat for q preliminary in1unc-
zion. such chancellor or Judge may or
der an appropriate preliminary injunc-
tion IN issue in accordance with the
nraver of the bill. and the chancellor
or nudge may direct the terms OF the
preliminary Injunction so as 10 carry
out the purposes Of this section' Which
In to secure the restraint ana apa,e
ment of such liquor nuisances on tne
premises. The owner OF ana AL
persons interested In the building OF
nremfses where the nuisance exists. or
any agent renting the same. as Wen
as the keeper thereof. may be joined
with the keeper as parties DEFENDANT
10 the proceedings, and all such own
ers. keepers, parties Interested OF
agents who may be found to nave
knowingly assented to the Keeping OF
maintaining of such nuisance on the
premises at any time Withih SIN
months prior to the commencement ..
the SUIT, and their servants. lessees ana
tenants, shall be perpetually en3oineo
from maintaining and keeping. OF SUI
ferinR to be kept and maintaining such
nuisance or any liquor nuisance. upon
the said premises. The court shall
have full power and authority to main
tain its Jurisdiction and by all suitable
ordArs and writ to enforce Its DEGREES
in respect to the subject matter OF
the suit, and to so shape and mould
its DEGREES as to accomplish the pur-
nose of the bill; and all the rules OF
evidence, practice and procedure, ex-
cept as otherwise herein provided, that
pertain to courts OF equity generaiiy.
or that exist by virtue Of any law OF
this State, may be invoked and ap-
piled in any such injunction proceed
ing instituted hereunder. Upon FINAL
hearing of the case instituted to abate
a LIQUOR nuisance II It shall appear that
the bill has been sustained by the evil
dence. or has been taken for confessed.
the court shall order an abatement OF
the nuisance, which order shall direct
the destruction Of all such prohibited
liquors and beverages as are found
upon the premises. together with all
signs, screens. bars, bottles. glasses
and other movable property used IN
keeping and maintaining said nuisance
and the destruction OF all such liquors
and beverages. and such movable prop
ertv as NAV have been seized under au-
tbority of the court pending the hear
ing of the cause.
If the bill shall pray for 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 movable prpperty used In Keep
ing and maintaining said nuisance, the
officer, or citizen, or citizens, filing the
bill may at the time they apply for
preliminary injunction make application
to the Judge who grants the fat 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 application. to said
Judge or chancellor for such writ OF
seizure. and said writ may be or
dered to Issue when probable cause Is
shown, supported by oath or affirma-
ton. for the issuance of said writ,
and that the oficer or person making
the application or fling 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 violation OF law on or
about said premises, and the said Of
hcer. or citizen. making the applfca-
ton may support the same by the pro-
duction Of witnesses whose dispositions
NAV be taken in writing and be sworn
to<and subscribed by the persons max
ing them, and the Judge may order said
writ OF seizure when ne Is satlsned
from the affidavit OF the officer or citi-
zen, or the dispositions Of witnesses, one
ar both. that facts have been produced
affording probable cause lot DeneFlhs
1ho vrounds OF the application to ex-
| dbai mama or describe