The Birmingham age-herald., 1910-02-08

| persons who are entitled to receive them. | P. 1he payment of B retail liquor deal- ers or retail malt liquor dealers special | United States internal revenue tax for the place and covering the period in which such liquors are seized or the mainten- ance or posting in any place where such | liCAors arc seized of q retail liquor | dealers or retail malt liquor dealers
 special United States internal revenue tax stamp. or q wholesale malt or liquor dealers tax stamp in force and effect at the time of such seizure, or the post ing, keeping or maintaining of notice | or sign of any kind on or about the premises where such liquors are seized | indicating that prohibited liquors are there sold. kept or given away, shall be | prima facie evidence that tho liquors so seized were kept, stored and deposited for unlawful sale or unlawful furnishing, disposition or delivery and shall eonsti- | tute probable cause justifying the fssu- | ance of q search warrant to search the premises for prohibited liquors or bev- erages. The keeping of prohibited liquors
 in any building not used exclusively for a dwelling shall be prima facie evidence | that tle same are kept to be sold or otherwise disposed of or delivered or fur nished contrary to law, except as to bona | hde wholesale and retail druggists selling alcohol as specified in section 16 of this ordinance and who shall have filed with the probate judge of the county decar- | alton in accordance with said section.
 13. No person excepting one who an- swars claiming some right, title or in-
 teres. In the liquors so seized shall be excused from attending and testitying or producing any books, papers or other
 documents before any recorder or offi- cer holding municipal court upon any such hearing or trial upon the ground or for the reason that the testimony or | axidppea dOpitmentarV or otherwise re- quired fo him may tend to convict him of l a. crime or to subject him to penalty of a forfeiture; but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account ot any | transaction matter or thing concerning which he may so testify or produce evil denee documentary or otherwise, and no testimony so given or produced shall be received against him upon any criminal | investigation, trial or proceeding.
 14 That whenever in any search war rant proceeding for forfeiture and de- struction of liquors and vessels, 1t shall appear to the recorder or officer holding municipal court that there has been any irregularity in the service of any pro- cesss or notice, or any omission to post or serve notices required or any defect | in the affidavit or notice or in the service or retern of either, the recorder or offi- cer holding municipal court may permit | such further service or process or or notice. as will in the judgment of the court he most effectual in securing notice of the proceeding to those who may be en- titled thereto and so that the proceeding may not fail for any irregularity or techneallty
 Sec r. A search warrant may be sued out and prosecuted in accordance with the rules and regulations hereinabove prescribed in case there is probable cause to believe and it is made to appear to the recorder or officer holding municipal court issuing the warrant that there is probable cause te believe that prohibited l iiuuors and beverages, or some of, themi | are kept or deposited in, or in a depot, railway car or land carriage of any kind. for unlawful sale, furnishing, dis tribution or other unlawful disposition. The place where such search is to be made should be described as near as may be in the affidavit and warrant for pur- poses of Identification.
 See 1S Upon the trial of a complaint
 warrant or indictment, or in any other judicial proceeding in which any person, firm or association or corporation Is charged with having sold, offered for sale spirituous or malt liquors, or pro- hjbted liauors and beverages, whether the sole charge or not. or with becoming l a wholesale or retail dealer in liquors, or with being a wholesale or retail dealer in malt liquors or with carrying on the business of such wholesale or retail deal CT in liquors or malt liquors or with maintaining a liquor nuisance, it shall be l 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 in ternal revenue tax according as the charge bot n1 COmnptpnt | to prove that the party charged had posted at the place and time involved q liquor dealers. or a malt liquor dealers special United States internal revenue tax stamp posted on or about the premises, and paro testimony may be received of | the payment of any such special United
 States internal revenue tax and of the | existence. of the special United States in- | ternal revenue tax stamp, posted or kept | on or near the premises at the place, or on or about the premises Involved, and l of the existence of any other fact made l evidence by this section: and the fact of | the Davment of such wholesale or retail | dealers or wholesale or retail malt liquor dealers special United States internal revenue tax for the place and covering the period involved shall be deemed to be and constitute prima facie evidence that the party paying the same or to | whom 1t was issued, had sold, or offered | TOT sale, the nQuOTS loi Nllltu' UT loi the privilege of selling which, said spe- | cial tax had been paid, and said special tax stamp obtained, and that at the place and during the time for which said tax 1 was paid, and at the place at which said stamp tax was posted said party had car ried on the business of a wholesale or retail liouor dealer of a wholsale or retail malt liquor dealer according to the | terms of the special tax stamp and the possession of said special tax stamp; l and the possession Of said special tax stamp on or about the premises shall be prima facle evidence to the same effect. in any prosecution of any person, | firm or corporation. or any judicial pro- ceeding against such person. firm or cor poration for carrying on the business of a brewer or distiller or rectifler of spirits. the fact may be shown in evidence by paroi or other competent manner that the party or rectifer of spirits, or has paid l n special internal revenue tax as such | brewer distiller or reetifer of spirits, or has compiled with the laws of the United | States as a brewer or distlller or rect- l fer of spirits or has paid a special in- ternal revenue tax as such brewer. distil- Ter of spirits, or has complied with the laws of the United States enttling such party so far as concerns said laws, to be a brewer or rectlfier or distiller of 1 spirits for the place or tho period In lvolved in the charge or in the case and shall be deemed prima facie evidence of the guilt of such party, according as the charge may be; and. when the pay
 ment of such tax, or the posting of such stamp tax The same evidence with like effect as that hereinabove referred to Is