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

search warrant shall be taken ont or bill of injunction filed against any wholesale or retail druggist paying such tax a retail or wholesale liquor dealer until after the expiration or 9 days from the passage of this act unless other evidence be Ob- tained showing probable cause other than the payment of such special tax, or the posting of such special stamp. But noth- Ing herein Is intended to prevent any ac- ton to be taken against any druggist at any time when there is evidence of a vio- lation by him of any law for the suppress sion of intemperance or for the promotion of temperance Or against the sale or other disposition of prohibited liquors and bever-
 ages.
 lS. No person excepting one who answers
 claiming some right title or interest in
 the liquors so seized shall be excused rom attending and testifying or produc- Ing any books, papers or other documents before any court or judge or justice upon any such hearing or trial upon the ground
 or TOT the reason that the testimony or evidence, documentary or otherwise, re- quired of him may tend to convict him of crime or to subject him to a penalty of a forfeiture; but no person shall be prose
 cuted or subjected to any penalty or for lelture Tor or on account of any trans action, matter or thing concerning which
 he may so testify to produce evidence documentary or otherwise. and no testi- mony so given or produced shall be re- ceived against him upon any criminal in- vestigation, trial or proceeding.
 14. A search warrant subject to the rules ana restrictions herein above declared may
 be likewise issued by any judge of a city. circuit, criminal or other like court of record possession criminal jurisdiction. returnable before the court in term limo. ana on the return of the warrant the same proceedings may be had before the Judge sitting as q courts as are prescribed herein above for the trial before maeis- trates issuing said warrants Any defen- dant to the warrant In such court of rec ord may have a jury trial upon demand Ing the same a the time he files his veri- fled answer and claim
 10. Where an officer seizes llduors and vessels under a search warrant he shall appear on the day fixed for the hearing ana prosecute the case on behalf of the state, and If there be in the county at that time solicitor or his deputy or other prosecuting attorney he may notify such officer of the hearing. and such officer snail appear and prosecute said case on
 behalf of the state in connection with the officer making the seizure and in con
 nection with the complaint issuing out tho search warrant If the latter wishes to appear therein.
 16. There shall be allowed the of
 hcer making the seizure under a search warrant the sum of $3, and also the sum of $2 additional for every day that such officer shall necessarily be em- ployed in attending court for the pur- pose of causing liquors seized to be
 condemned, and the sum of 10 cents per mile for each mile he shall travel
 in executing the writ, together with
 such reasonable sum as the court may
 deem just for necessary expenses in- cured in transporting and providing storage for liquors and vessels seized; all such costs shall be taxed in the bill of 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.
 17. That whenever in any search
 warrant proceeding for forfeiture and destruction of liquors. and vessels if shall appear to the judge or court that there has been any irregularity in the l service of any process or notice, or In , the omission to post or serve notices | required or any defect in the affidavit l or notice or in the service or return of l either. the judge or court may permit l the same to be amended and may di- | rect such further service or process | or of notice as will in the Judgment | of the judge or court be most effectual in securing notice of the proceeding to
 those who may be entitled tn ereto and so that the proceeding may not fail for any irregularity or technicality.
 Sec .22. Upon the trial of a complaint. warrant or indictment or In any other judicial proceeding in which any per son. firm or association or corporation Is charged with having sold, or offered
 for sale, spirituous or malt liquors, or prohibited liquors and beverages whether the sole charge or not. or with becoming a wholesale or retail dealer in liquors, or with carrying on the busi- ness of such wholesale or retail dealer In liquors or malt liquors. or with main taining liquor nuisance 1t shall be competent to prove that the party charged has for the place and period of time involved paid a wholesale or retail dealers, or wholesale or retail malt liquor dealers special United States internal revenue tax, according as the charge may be. and it sh all also be competent to prove that the party CONTINUED ON PAGE 271