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

tent, or any building or place used for the
 purpose of traffic, or any dwelling house
 or dependency thereof, if any part of the
 same is used as a public eating house,
 grocery or other place of common resort,
 shall be deemed prima facie evidence of
 a sale, or other unlawful disposition.
 Sec. 6. That no sheriff, jailor, police of-
 ficer, marshal or other person in charge
 of any joil or lock-up under any pretense
 whatsoever shall give, sell or deliver to
 any person therein any spurious, vinous
 or malt liquor, or any other liquor or
 beverage prohibited by the laws of Ala
 bama to be sold, given away or otherwise
 disposed of, unless a reputable physician
 certifies in writing that the health of such
 prisoner or inmate requires 1t; in which
 case he may be allowed the prescribed
 quantity and no more and any of said
 officers or persons violating this section
 shall be guilty of a misdemeanor.
 Sec. '. That every person who being em-
 ployed upon any railway engineer. con
 ouctor, baggagemaster, brakeman switch
 tender, fiagman or signal man, or person
 having charge of stations, starting, regu-
 lating or running trains upon railway; or persons employed as captain, engineer, or other officer of a vessel propelled by
 steam, shall be intoxicated while en-
 gagged in the discharge of any such duties;
 and any of such persons who shall be
 
 guilty of a misdemeanor.
 Sec. 8. That every wife, child. parent or
 other person who shall be injured in per- son, or property or means of support by any intoxicated person, or in consequence
 of the intoxication of any person, shall have right of action against any person who shall by selling, giving or otherwise disposing to another, contrary to the pro-
 visions of law any liquors or beverages, cause the intoxication of such person, for all damage actually sustained, well as exemplary damages; upon the death of any party the action, Or right of action | will survive to or against his executor or administrator. The party injured, or his legal representatives may bring joint or separate action against the per- son intoxicated, or who furnished the liquor; and all such suits shall be by civil action in any court having jurisdiction thereof
 Sec. g. That any person who conceals himself in any house, room, booth, in- closure or other place. and manufactures, sells, gives away, barters, exchanges or otherwise disposes of spurious, vinous or malt liquors, or any other prohibited liquors or beverages, or who, by any de- vice or subterfuge sells, gives away or otherwise disposes of any of said prohi- bited liquors or beverages in violation or evasion of law, or who,j in any house, room, booth, inclosure or other place, in such manner and under such circum- stances as that he cannot be seen by per sons from the exterior, manufactures, sells, gives away or otherwise disposes of any such prohibited beverages, shall be fined not less than $50 nor more than $500. and may also be imprisoned in the county jail or sentenced to hard labor for the county for not less than three months nor more than six months, at the discre- tion of the court or judge trying the case. Sec 10. That if any person violates pro- vision of the foregoing section, upon con- nlaint. being made on oath before a jus | tk4 of the peace or judge of the county l. .sourt, or a judge of any other court, hav- ipg breiSdistlon of misdemeanors, that tpistbus. Nous or malt liquors, or other I bsS1rages or liquors prohibited by law I tQ He sld, givep, away or otherwise dis pnsed of. hRye iaeen sold. given away or otherwise disposed of in violation of law, and that the person committing such of fense comes within the terms of the pre- cedIng section, and that such person is known or unknown to the person making the complaint, and that other parties pres ent and participating in the tippling or drinking of liquors at such place are un- known to the person making the com plaint, 1t Is the duty of such justice or judge to issue forthwith a warrant of ar rest for such party for the offense charged in the complaint and immediately place such warrant in the hands of a constable or sheriff, chief of police. or police officer who shall proceed at once to the place in which violation of the law Is alleged to have occurred, or to be occur ring, and to arrest all persons therein, and If such person executing the warrant is refused admttance, he shall force an entrance Into the house other place. and if necessary break In the door or other part thereof, and arrest all persons found therein and carry them before the officer before whom the warrant Is returnable and thereupon such proceeding shall be had as if the warrant contained the name of each person so arrested, and a com paint may be framed and filed against the persons so arrested, charging them all as principals with the offense within the preceding section, and all persons present at such house and place lettering therein, Or drinking there, shall, with the keeper, l be deemed guilty of the misdemeanor de- clared in the preceding section, and are punishable as therein declared.
 Sec il. That any person who Is sum moned as witness before the grand jury | as to any violation of law for the sup pression of intemperance, or prohibiting | the manufacture, sale or other disposi- 1 ton of prohibited liquors or beverages, or I the keeping or maintaining any unlawful | drinking place, Or liquor nuisance, and who fails or refuses to attend and testify I in obedience to such summons. without | good cause, to be determined by the court, 1 is guilty of contempt and also of a l misdemeanor and on conviction of such l misdemeanor must be fined not less than l $20 nor more than $500, and may also be l imprisoned in the county jail, or sentenced l to hard labor for the county for not more l than three months, at the discretion of the court Or judge trying the case.
 l Sec 12 That witnesses before the grand l jury to give evidence may be required l to answer generally as to any offense
 against the laws of Alabama for the pro-
 motion of temperance and the suppress sion of intemperance committed within
 their knowledge during the 12 months | next preceding, or as to any violation within said time of any law of the state prohibiting the manufacture, sale or other