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

or the court to WHICH lHo pioeeodih5 iaa5 be carried by appeal; and upon final judgment in accordance with the proced- ure herein defined must be returned to the lawful owner or. owners or be otherwise disposed of according to law.
 Iiquors seized and vessels containing them shall not be taken from the cus- tody of the officer by writ of replevin or detnue or other process while the proceedings are pending; d final judg- ment of condemnation in all such cases is a bar to all suits for the recovery of any liquors or vessels seized for the value of the same and for damages alleged to arise by reason of the seizure and deten- ton thereof The word vessel when used herein shall also include receptacles, and the word liquors shall also include other beverages that are seized.
 g. Upon the return of the warrant to the magistrate showing a seizure hereunder, the magistrate shall issue notice di- reeted generally to all persons claiming any right, title or interest in such liquors, to appear before the magistrate issuing the warrant at a time and place therein specified not less than five nor more than fifteen days after the issuance of said notice and show cause why such liauors and vessels shall not be forfeited to the State and destroyed. A copy or such notice shall be delivered to the per son or other party who kept the liquor or had possession of the liquors at the time of the seizure, and a copy shall also be delivered to the party named in the ar- fidavit for the warrant if a different party from the one who kept or had possession of the liquors at the time of the seizure, and the officer shall place another copy of such notice in a conspicuous place upon said premises. At the time and place specified In the notice any person claiming any right title or interest in the liquors and ves- sels seized under such warrant may interpose a verified answer controvert- ing the allegations of the complaint upon which said warrant was issued and controvertlng the ground or grounds upon which the warrant was issued, and shall propound In such an- swer what right, title or interest he claims in the liquors or vessels seized The issue thus framed shall be deemed an action pending in the court of the judge or justice who issued the war rant between the State of Alabama on the relation of the complainant and the liquor and vessels so seized and against the party in possession of the liquor against the party who interposes the claim and may be entitled in the name of the State of Alabama against the said party so appearing, if any and if no one appears may be entitled as against said liquors adding for in dentifcation the name of the person or persons mentioned in the affidavit for warrant. The said case shall be tried in court as other cases are tried therein. If no party appear to make a claim at the time specified in the notice. or if no verified answer contro- verting the allegations of the complaint and the grounds of complaint is inter- posed, the judge or justice shall proceed to hear the testimony in support thereof. If it be established upon the hearing before said judge or justice or upon the trial of the action if is sue be joined, that the liquors so seized were kept, stored or deposited for the purpose of unlawful sale or other disposition or furnishing or distribu- ton within this State, or if 1t appears that the complainant has established a round for the issuance of search warrants judgment or forfeiture and destruc- tion of said liquors and vessels shall be entered, which judgment shall provide for the public destruction of such liquors and vessels in which the same were contained by and under the di- fecl1On or the OTlCeT WHO SelZeu lne same, or some other officer to be named by the court or judge. If the tes- timony produced on the hearing before the judge or justice or upon such trial before the judge or court shall fall to establish the complaint, or that a ground existed for the issue of the warrant or that the liquors and ves- sells were kept, stored or deposited for the purpose of unlawful sale or other dis position furnishing, distribution or delivery within this State, judgment shall be entered dismssing such com plaint and providing that such liquors and vessels containing the same be returned to the place from which or to the person from whom they were taken. If different parties appear and claim separate portions of the liquor seized, separate answers may be filed and separate issues may be framed and the trial had accordingly either be- for the magistrate or in higher court to which the same may be carried by appeal. If judgment shall be against only one party defendant appearing he shall be charged to pay all the costs of the proceeding In the seizure and detention of the liquors claimed by him and the costs of the trial. But if judg- ment shall be rendered against more than one party claiming distinct parts of or the interest in said liquors and vessels, then the cost of the proceed
 ngs and trial may be equitably ap- portioned among the defendants for the amount of cost to be adjudged against them according to the discretion of the magistrate or court.
 In the event no one appears to contest the order of forfeiture and condemnation, or if the complaint Is not sustained and no judgment of forfeiture Is obtained, the costs shall be taxed and paid as costs are taxed and paid in criminal prosecutions wherein the State fails, and this rule shall apply as to any separate claim when several parties appear claim and con- test, and such separate claim Is sus- tained and there is failure to obtain judg- ment as to the part of the liquor so claimed.
 In the event no one appears to con- test the order of forfeiture and condem- nation or if the complaint is not sus- tained and no judgment of forfeiture is obtained the costs shall be taxed and paid in criminal prosecutions wherein the State fails and this rule shall apply as to any separate claim when several parties appear, claim and contest and such separate claim is sustained. and there is failure to obtain judgment as to the part of the liquor so claimed. Any appeal from such magistrate must be taken with in five days from the date of judgment and on appeal may be taken in behalf of the State to the circuit or other court of like Jurisdiction by the solicitor or other prosecuting attorney by filing prayer for an appeal with the magistrate
 10. Any person appearing and becom- ing party defendant as aforesaid may ap- peal from the judgment of forfeiture and aA. ttp, 4A