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

which or whom no provisions Is made for a jury trial the court or judge If it or he has jurisdiction to try the case and to find a party charged guilty not guilty, shall proceed with the trial and If the party charged is convicted he may appeal to the circuit court or other court of record of like jurisdiction In the county, having jurisdiction in cases of appeal from the county court or from a judg- ment of a justice of the peace in such form and In such manner and subject to such restrictions as govern appeals un- der the code of Alabama from such jus tices of the peace or county court, and the party may demand and be entitled to a jury trial in such higher court under the same terms and conditions that jury trials are obtainable in cases of appeals from such justice of the peace or county court to said circuit court or ot/% court of like jurisdiction; but this section shall not alter the practice to any preliminary proceeding authorized by law before a justice of the peace.
 Sec. B. That any person who shall act as an agent or assisting friend of the sell Ter or buyer in procuring an unlawful sale of any prohibited liquors and bev- erages shall be punishable as if he had sold said prohibited liquors and beverages, and conviction may be had of such agent or assisting friend upon an indictment. af- fidavit or complaint against him for sell ing prohibited liquors and beverages con- trary to law.
 Sec. S4. That if any prohibited liquors and beverages are delivered to a carrier to be by the carrier transported and de- livered c. O. D. to any person at a point fin this state, meaning thereby to collect on delivery by the carrier for the con sgnor the amount of the purchase money for such liquors, then and in every such case the carrier shall be deemed and held the agent of the consignor, and all such prohibited liquors and beverages shall re- main the property of the consignor until actually delivered and the money paid to the carrier therefor and the servant or agent of the carrier who knowingly de- flyers any such liquors and receives pay therefor within the state shall be guilty of a misdemeanor.
 Sec S5 That any violation of any pro- vision of this act where no other penalty is provided for, shall be punishable by a fine of not less than $50 nor more than $500 to which may be added in the dis cretion of the judge or jury trying the case Imprisonment in the county jail or at hard labor for the county for not less than six nor more than twelve months, this being the general penal clause of the act.
 Sec 36 That if any section or provision of this act shall be declared to be void or unconstitutional 1t shall not affect or destroy the validity or constitutionality of any other section or provision which is not in and of itself void or unconstitu- tional; and 1t is not intended by this act to interfere with the exclusive power of the Congress of the United States to regu- late commerce with foreign nations and among the several states; and this act shall be so construed as to avoid conflict with that clause of the constitution of the United States which confers upon the Congress of the United States the power to regulate commerce with foreign nations and among the several states and with h. dian tribes.
 Sec. 37 This act shall be literally con- strued so as to accomplish the purpose thereof, which is to further suppress the evils of intemperance and to secure obedi- ence to and the enforcement of the laws of the state for the promotion of temperance. and for the suppression of the manufac- ture of and traffic in prohibited liquors and beverages and to prevent evasions and subterfuges by which said laws may be violated.
 Sec 3S That all laws and parts of laws general local and special in conflict with the provisions of this act be, and the same are hereby repealed, but no such repeal or any repeal provided for by this section shall affect any existing right. remedy defense or liability incurre~ or any action or prosecution, civil or crfnr. inal. already commenced, or which may be hereafter commenced for any offense already committed, to enforce any right penalty, or punishment under any repeal law, and as to all such cases the laws in force at the time of the enact ment of this statute shall continue in force; and the following are hereby ex- pressly repealed: Sections 1857, 1859, 1861. 1883 1883, 1884, 73s5. also the act approved July 19 1907 embodied in the code of 1907 as section 7s1 to 7S77, both inclusive, also an act approved November 23. 1907, en-