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

udu0fs and beverages; 10 provide for
 'ne aoatement Of liquor nuisances una the seizure and destruction of
 iorfeited hquors and beverages, and
 cases.
 r,a, oeeeioh l. Be it ordained by the City Council of Birmingham. That if any ner, son shall willfully let or suffer any other Polsoii' hrm or corporation to use any premises which he owns or controls for
 iI9 ihesdi sale or manufacture, or other unlawful disposition, of spirituous. vim ous or malt liquors, or any other lioiIors ,,quios UT beverages prohibited by the ~ ~iaws ol the city of Birmingham to be manufactured, sold or otherwise disnosed of in this city or the police iurisdictio1 thereof, or for use by a wholesale or re- tail dealer in liquors, or by A. wholesale or fetail dealer in malt liquors, or by a rectlher or spirits, or distiller, or for the iiiesai storage or warehousing of such llquors and beverages he shall be guilty of misdemeanor
 sec. That theunlawful manufacture, saie' keeping Tor sale, giving away or otherwise dlsposing of any prohibited liquors or beverages contrary to inc law or the city of Birmingham, or the carrying on of the business of retail or wholesale dealer in liquors, or retail or Wnoiesale dealer in malt liquors or the bus mess or brewer, distiller or rectifier of spirits, shall, at the option of the land- lord or lessor work forfeiture of all the rights of any lessee or tenant under any lease or contract of rent of the premises where such unlawful acts is per- formed, or such unlawful business is con ducted by the lessee or tenant or by any agent, servant, clerk or employe of the lessee or tenant with the latters knowledge or permission.
 Sec. 3.-That the keeping of liauors or beverages that are prohibited by the law Of the city of Birmingham to be manu- tactured, sold or otherwise disposed of Tn any building not used exclusively for dwelling shall be prima facie evidence that they are kept for sale, or with intent to sell the same contrary to law.
 sec 1. That the delivery of liquors or beverages prohibited by the law of the city of Birmingham to be manufactured. sold or otherwise disposed of in or rom any store, shop, warehouse or or 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 prina racie evidence of sale or other unlawful disposition
 Sec. .. Iildt no warden, police officer, iiiarsnal or other person in charge of any city Jail or prison or lookup under any pretense whatsoever shall give, sell or de- HVer to any prisoner therein any spirit uous'~vinous or malt liquor or any other liquor or beverage prohibited by the laws or the city of Birmingham to be sold. given away or otherwise disposed of. un- less reputable physician certifies in writing that the health Of such prisoner it7Jta1 14x e...t.. such certificate may be allowed the use of the prescribed quantity of pure alco hol and no more and any of said officers violating any provision of this section snall De guilty of a misdemeanor
 Sec. D. That every person who being employed upon any railroad or street rail- way as engineer conductor, baggage mas ter, brakeman, switch-tender flaeman. inotorman or signal man or person hay ing charge of stations or the starting or regulating or running of trains upon any railway or street railway, shall be in toxicated while engaged in the discharge Of any such duties, shall be guilty of g misdemeanor.
 sec. ' That any person who conceals hlmself in any house, room. booth. en- clousufe or other place and manufac tures' seils, gives away. barters, ex- changes or otherwise disposes of snirit
 
 other prohibited liquors or beverages. or who, by any device or subterfuge sells glVes away or otherwise dsposes ofNanv or sald prohibited liquors or beveraees in Vlolatlon or evasion of law, or who, Gn any house. room booth enclosure or other place, in such manner and under such circumstances as that he cannot pc seen by persons from the exterior. manufactures, sells, gives away or other wise disposes of any such prohibited bev- erages. contrary to law, shall be fined not less than $50 nor more than s100 and may also be imprisoned in the city iaiI or sentenced to hard labor for the cit,, for not more than six months. at the uiscretion Of the court or judge trying the case.
 Sec. 8. That if any person violates a provision or the foregoing section. upon complaint being made on oath hefora any recorder or officer holding municipal court of the city of Birmingham that spirituous, vinous or malt liouors o,. other beverages, or liquors prohibited bv law to be sold, given away or otherwise disposed Of, have been sold, given away or otherWlse disposed of in violation of iuW' ana that the person committing such onense comes within the terms of the preceding section, and that such ner- son is known or unknown to the person making the complaint. and that other parties present and participating in the tipping or drinking of louors at sueb place are unknown to the persons making the complaint 1t is the duty of such re- corder or officer holding municipal court to issue forthwith a warrant of arrest for such party for the offense charged in the complaint and immediately place sucb warrant in the hands of the chIef of police, or police officer, who shall pro- ceed at once to the place in which such vioiatlon or the law is alleged to have occurred, or to be occurring, and arrest all persons therein, and If such nerson executing the warrant is refused admit tanoe, he shall force an entrance into the house or other place, and if neces- Sai'y break In the door or other mart thereof and arrest all persons follnd therein and carry them before the officer pe1ofe whom the warrant Is returnable. and thereupon such proceeding shall be had as IT the warrant contained tho name or each person so arrested, and il complaint may be framed and filed against the persons so arrested. chare- Ing them all as principals with the of 1ense within the preceding section, and all persons present at such house and place loitering therein, or drinking there shall. with the keeper, be deemed guilty of the misdemeanor declared in the pre- ceding section, and are punishable as therein declared.
 Sec. g. That any person who is sum moned as witness before the recorde,. or officer holding municipal court to an swer as to any violation of law for the suppression of intemperance, or prohib- iting the manufacture. sale or other dis. position of prohibited liquors or bever- ages, or the keeping or maintaining any unlawful drinking place. or liouor mi sance and who fails or refuses to attepd