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

acted to prevent evasions of the law and to remove opportunity of evading the law by selling prohibited beverages under cover of the legitimate beverage bust ness.
 Sec. 12 That any person who within the city of Birmingham, or the police juris- diction thereof solicits or receives any order for spirituous. vinous or malt liquors, or any other liquors or beverages prohibited by the law of the city to be sold, or offered for sale, or otherwise disposed of in this city, in any quantity to be shipped into this city, shall be guilty of misdemeanor.
 Sec 1S That the following are hereby declared to be common nuisances, and may be designated as liquor nuisances: CD. All rooms or structures used for the unlawful manufacture, sale, furnishing, distiling, rectifying, brewing or keeping of liquors or beverages that are prohibited by the laws of the city of Birmingham to be manufactured, sold or otherwise dis posed of in this city; @ all houses, shops or places where such prohibited liquors and beverages, or any of them, are sold, bartered, exchanged or otherwise dis posed of to be drunk on or near the prem ises, or where such prohibited liquors, liduids or beverages are kept for the purpose of sale or other disposition there of in violation of law (3) all places of resort where persons are permitted to re- sort for the purpose of drinking such liquors or beverages on or about the premises: (4) any unlawful drinking place that Is kept or maintained in violation of the law of the city of Birmingham; (0 all restaurants, hotels andT public eating places where the prohibited liquors and beverages, or any or them, are sold or served for beverage purposes; 6) all ,1o x.-ba htic ia carried hN a wholesale or retail dealer in liquors, or by a wholesale or retail dealer in malt louors, or by a brewer or distiller or rectifier of spirits in violation of the law of the city of Birmingham; CO all warehouses or storage places where the prohibited liquors and beverages, or any of them, are kept or stored or received on consignment. or for distribution or delivery, contrary to the law of the city of Birmingham.
 Sec. 14.-Prohibited liquors and bever- ages kept, stored or deposited in any place in this city for the purpose of sale or unlawful disposition or unlawful fur nishing or distribution and the vessels and ieceptacles in which such liquors are contained, are hereby declared to be con- traband and are forfeited to the city of Birmingham when seized, and may be condemned for destruction as hereinafter DrONlQeU, ana llquOIS anu btN- erages may be searched for, seized and ordered to be destroyed as hereinafter set forth.
 Sec. 15 That in all criminal prosecu- tions against any person for violating a provision of the ordinances of the city of Birmingham for the suppression of the evils of intemperance, the recorder or officer holding municipal court upon a conviction may order the destruction of H. 1Rfo4-n nYra- f,r has been sold, offered for sale, or had or kept in possession for sale or otherwise disposed of by the defendant, or had been employed by him for use or disposition at an unlawful drinking place, or had been kept or used in conducting the business of a liquor dealer or malt liquor dealer when such liquors or beverages have been seized for use as ecdence in the case. and such recorder or officer holding municipal court shall have the like power upon conviction in case of the seizure for use as evidence such prohibited liquors and beverages in prosecutions against any person for unlawfully storing, accepting on consignment or delivering or trans porting or shipping such prohibited liquors and beverages.
 Sec 16. That search warrant for the seizure of liquors and beverages that are prohibited to be sold or otherwise disposed of in this city, together with the vessel or other receptaeles in which they are contained may be issued as hereinafter prescribed, and the proceed ings to secure the destruction of such liquors, beverages, vessels and rocepta- cles upon the grounds herein defined. shall be as follows:
 d). The warrant may be issued by re- corders or other municipal judges of the city of Birmingham.
 @. Said warrants shall be issued only on probable cause, supported by affi- davit naming or describing the person or other party whose premises are to be searched If known, and describing as near as may be the liquors and beverages to be searched for and the place to be searched but the liquors or beverages may be described as prohibited liquors and beverages or spirituous, yinous or malt liquors if more specific description be rot obtainable and the affidavit may show that more specific description is not obtainable The warrant may be eX- ecuted by any one of the officers to whom 1t is directed. but by no other person except in aid of the officer, he being present and acting in its execution, but the complainant may accompany the Of flcer who executes the warrant and give information and assist him in executing the Writ. A writ addressed to the chief of police may be executed by any police officer of the city.
 (3). The recorder of officer holding mu- nicipal court before issuing warrant must examine the complainant on oath and any other witnesses he may pro duce eff he produces any) and take then deposition in Writing, and cause the same to be subscribed by the person or per sons making them; and the same must set forth facts tending to establish the ground or grounds of the application or probable cause for believing that a ground exists. authorizing search war rant to issue.
 (N If the recorder or officer holding municipal courat is satisfied of the exist ence of ground or grounds for the ap- nlication or one of them, or that there Is probable cause to believe the existence of them. or one Of them, he must issue a search warrant signed by him directed to the chief Of police or to any police of- 6cer of the city, commanding him to forthwith search the place named for the prohibited liquors and beverages and 10 brinr them before the recorder or officer holding municipal court; if the warrant is sought to search a place whose keeper or owner is unknown the affidavit may so state and the warrant may issue accord ingjv The recorder or officer holding mu- niciual court may direct the warrant to the chief of police or any police officer of the city when the place be searched is within city or within the police juris- diction thereof.
 (5,. The warrant may be in substantial ly the form prescribed by the code of Alabama for other search warrants, and must. except as herein otherwise speci- fled, be executed in the manner and with the authority of the officer as prescribed bv said code in respect to other search warrants.
 60. The warrant may be issued on any onn nf tho following grounds: