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

seized by the oficer they shall be hel.
by him subject to the order OF tn,
magistrate or the court to which tn,
proceeding may be carried by appeal
and upon final Judgment In accordance
with the procedure herein ,dsnned mus
be returned to the lawful owner Of
owners or be otherwise disposed of &C
cording to law.
Liquors seized and vessels containing
them shall not be taken from the-cus.
today Of the ofiicer by writ OF replevir
or detinue or other process while the
proceedings are pending; ANAL judg-
ment Of condemnation In all such cases
Is a bar to all suits for the recover,
of any liquors or vessels seized for tbs
value Of the same and for damages al
legged to arise by reason of the seizure
and detention thereof. The word yes
sci when used herein shall also include
receptacles. and the word liquors shall
also include other beverages that are
seized.
.. Upon the return Of thu, warrant
to the magistrate showing a seizure
the magistrate shall issue
q notice directed generally to all pers
sons claiming any right. title or In
terest In such liquors, to appear before
tho magistrate issuing the warrant al
a time and place therein specified moi
less than five nor more than fifteen days
after the issuance OF said notice and
show cause why such liquors and ves-
sells shall not be forfeited to the State
and destroyed. A copy OF such notice
shall be delivered to the person or
other party who kept the iiquor or had
possession Of the liquors ut the time OF
the seizure, and q copy shall also be
delivered to the party named In the at
fidavit for the warrant II 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 copySof such notice In
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-
sells seized under such warrant may
interpose q verified answer controvert-
ing the allegations of the complaint
upon which said warrant was Issued
ana ,contfoyerting the ground or
grounds upon which the warrant was
issued, and shall PROFOUND In such
answer 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 ana
the liquor and vessels so seized and
against the party in possession Of the
liquor against the party who tnterposes
the claim and may be entitled In the
name Of the State Of Alabama against
the said party so appearing, IL any.
and IL no one appears may be entitled
as against said liquors adding Tor In
the name Of the person
or persons mentioned In the afhdavit
for warrant. The said case shall be
tried In court as other cases are tried
II no party appear to make
o claim at the time specified in the
notice or IL no verified answer contro-
vertfng the allegations Of the complaint
and the grounds Of complaint Is inter-
posed, the Judge or justice shall pro-
coed to hear the testimony in support
thereof. II It be established upon the
hearing before said Judge or Justice
or upon the trial OF the action IL is
sue be Joined. that the liquors SO ssis-
ed were kept. stored or deposited for
the purpose of unla wful sale or other
or furnishing or distribute
lon within this state, or II IL appears that
the complainant has established round
for the issuance of such search war.
rant, Judgment or forfeiture and des-
truction 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
direction OF the ofiicer VINO seized the
same, or some other officer to be nam
ID by the court or Judge. II the tes-
.imony produced on the hearing before
the Judge or Justice or upon such trial
before the Judge or court shall fail to
establish the complaint o., that, 2
ground existed for the Issue OF the
or that the liquors and ves-
sells were kept. stored or deposited for
the purpose of unlawful sale or other
or furnishing, distribution
Dr. delivery within this State. judgment
shall be entered dissmissing such COM
plant 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. II different parties appear and
claim separate portions Of the liquor
seized, separate answers may be fled
and separate issues may be framed
and the trial had accordingly either be-
fore the magistrate or in higher court
to which the same may be carried by
appeal. II 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
of the liquors claimed by him
and the costs of the trial. But II 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
ings and trial may be equitably APP
portioned among the defendants for the
amount of cost to be adjudged against
them according to the discretion Of the
or court.
In the event no one appears to con-
test the order of forfeiture and con-
or IL the complaint Is not
sustained and no judgment OF forfeit
ture 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 ap-
ply as to any separate claim when
several parties appear. claim and con-
test, and such separate claim Is sus-
Judgment as to the part OF the liquor
80 claimed.
In the event no one appears to con-
test the order of forfeiture and con-
or IL the complaint Is not
sustained and no Judgment of forfeit
ture Is obtained, the costs shall be tax
ed 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 sus-
tained and there Is failure to obtain
Judgment as to the part of the liquor
so claimed Any appeal from such
magistrate must be taken within I'VE
days from the date Of Judgment, and
on appeal may be taken in behalf OF
the state to the circuit or other court