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

nieipal court must specify with particu-
 larity the liquors and beverages and other articles taken; and the applicant
 for the warrant and the person from
 whose possession the liquors and articles
 were taken are entitled to copy of the
 warrant, signed by the recorder or officer
 holding municipal court, which he must furnish them on their application there for.
 Tie warrant may be executed Ut any time between s o'clock in the morning and 6 o'clock in the afternoon, or at any other time that the place or prem ises are open but section 16 is not in- tended to secure the search of the prem | ises of bona fide druggists who sell, or keep for sale alcohol only for medical, scientific or mechanical purposes, or wine l for sacramental purposes as authorized 1 by law, or of bona fde physicians who sell and keep for sale pure alcohol only for medical purposes nt the places that may be allowed and subject to the re- strictions and regulations prescribed by | law.
 | s. When liquors and vessels are seized | by the officer they shall be held by him subject to the order of the recorder or officer holding municipal court or the court to which the proceeding may be carried by appeal; and upon final judg- ment in accordance with the procedure herein defined must be returned to the lawful owner or owners, or be otherwise disposed of according to law.
 Liquors seized and vessels containing them shall not be taken from the GUS tody of the officer by writ of replevin or detinue or other process while the proceedings are pending; final judg- ment of condemnation in all such cases is bar to all suits for the recovery of any liquors or vessels seized for the value of the same and for damages al- | legged to arise by reason of the seizure and detention thereof The word vessel when used herein shall also include re- | ceptacles, and the word liquors shall also
 include other beverages that are seized.
 g. Jpon the return of the warrant to the recorder or officer holding municipal court showing a seizure hereunder, the | recorder or officer holding municipal court shall issue notice directed generally to all persons claiming any right, title or interest in such liquors, to appear before the magistrate issuing the war rant at time and place therein specified not less than five nor more than fifteen days after the issuance of said notice and show cause why such liquors and vessels shall not be forfeited to the city and destroyed A copy of such notice shall be delivered to the person or other party who kept the liquor or had possess sion of the liquors at the time of the seizure, and a copy shall also be de- | ivered to the party named in the ahl- | davit for the warrant if different party from the enc who kept or had possession | of the liquors at the time of the seizure, | and the officer shall place another copy | of such notice in a conspicuous place upon said premises. At the time and place specified in the notice any person claiming any right, title or interest in the liquors and vessels seized under such warrant may interpose a verified answer controverting the allegations of the com plaint upon which said warrant was is sued and controverting the ground or l grounds upon which the warrant was | Issued and shall propound in such an swer what right. title or interest he 1 claims i nthe liquors or vessels seized. | The issue thus framed shall be deemed an action pending in the court of the re- corder or officer holding municipal court who issued the warrant between the city of Birmingham on the relation of the complainant and the liquor and vessels so seized and against the party in possession of the liquor against | the party who interpsose the claim and may be entitled in the name of the city of Birmingham against the said party
 so appearing. if any. and if no one ap-
 pears may be entitled as against said |
 of the person or persons mentioned in the i affidavit for warrant. The said case shall | be tried in court as other cases are tried
 therein If no party appears to make q i claim at the time specified in the notice, or if no verified answer controverting the allegations of the complaint and the
 grounds of complaint is interposed, the | recorder or officer holding municipal
 cuort shall proceed to hear the testimony
 in support thereof. If it be established upon the hearing before said recorder l or officer holding municipal court or
 upon tho trial of the action If issue be | joined, that the liquors so seized were kept stored or deposited for the purpose
 of unlawful sale or other disposition or l furnishing or distribution within this city, l or if it appears that the complainant
 has established 8 ground for the issu-
 ance of such search warrant judgment
 or forfeiture and destruction of said l liquors and vessels shall be entered which l judgment shall provide for the public destruction of such liquors and vessels | in which the same were contained by and under the direction of the officer who seized the same, or some other officer to | be named by the recorder or off l cer holding municipal court. If the
 testimony produced on the hearing before
 the recorder or officer holding municipal 1 court or upon such trial before the re- | corder or officer holding municipal court 1 shall fail to establish the complaint, or
 that ground existed for the issue of | the warrant, or that the liquors and ves- | sels were kept. stored or deposited for the l purpose of unlawful sale or other dispo-
 sition or furnishing. distribution or deliv-
 cry within this city, Judgment shall be entered dismissing such complaint and providing that such liquors and the Ves- | sells containing the same be returned to 1 the place from which or to the per l son from whom they were taken. If
 different parties appear and claim separ- ate portions of the liquor seized separ- ate answers may be filed and separate 1 issues may be framed and the trial had accordingly either before the recorder or
 officer holding municipal court or in the | higher court to which the same may be
 carried by appeal. If judgment shall be | against only one party defendant ap-
 bearing he shall be charged to pay all
 the costs of the proceeding in the seizure and detention Of the liquors claimed by | him and the costs of tho trial. But if l judgment shall be rendered against more
 than one party claiming distinct parts of the interest in said liquors and ves- sells, then tho cost Of the proceedings and trial may be equitably apportioned among the defendants for the amount of cost to be adjudged against them ac- | cording to the discretion of the recorder or officer holding municipal court.
 | An appeal from such recorder or officer | holding municipal court may be taken | within five days from the date of | judgment; and an appeal may be taken M behalf of the city to the circuit or other court of like jurisdiction by the | city attorney or other prosecuting attor- | ney by filing a prayer for an appeal | with the recorder brother officer holding