The Birmingham age-herald., 1915-03-18

ing of such liquors and beverages he shall be guilty of a misdemeanor.
 Sec. 2. That the unlawful manufacture. sale, keeping for sale, giving away or otherwise disposing of any prohibited liquors or beverages contrary to the law of the state, or the carrying on the busi- ness of retail or wholesale dealer in liquors, or retail or wholesale dealer in
 malt liquors. or the business of a brewer. distiller or rectifier of spirits, shall, at the option of the landlord or lessor, work a forfeiture of all the rights of any lessee or tenant under any lease or contract of rent of the premises where such unlawful act IS performed, or such unlawful busi- ness IS conducted by the lessee or tenant. or py any agent. servant, clerk or enr pioye or the lessee or tenant with tM latter's knowledge or permission.
 Sec 21s That the term prohibited 1iuuors and beverages, or the term prohibited liquors or beverages, employed in this act shall include and be deemed to embrace the following: O) alcohol, alcoholic liquors. spirituous liquors and all mixed liquors any part of which is spirituous; foreign or domestic spirits or rectifled or distilled spirits: absinthe, whisky, brandy, rum and gin; @ vinous liquors and bev- erages; (s) malt. fermented or brewed liquors of any name or description man. ufactured from malt wholly or in part, or from any substitute therefor; beer. lager beer, porter and ale, and other brewed or fermented liquors and bev- erages by whatever name called; hop jack, hope-ale. hop-weiss, hop-tea, malt tonic or any other beverage which is the production of maltese or glucose or in which maltese or glucose is substan tial ingredient; (D any other drinks, liquors or beverages containing one-half of one percent of alcohol or more by vol ume at 50 degrees Fahrenheit; or any oil, tfaof od sold or otherwise disposed of for bev- craze purposes containing said amount of one-half of one per cent of alcohol or more; (5) any intoxicating bitters or bev- erages by whatever name called: includ- ing any device or substitute for any of the said prohibited liquors and beverages, including those beverages that are known and called near beer, such as White Top, Pabst, Mead and other similar drinks and beverages; but nothing in this act con tained shall be construed to prohibit the making of wine from grapes or other fruit grown and raised by the person making the same for his own domestic use.
 Sec 3. Whereas it Is the public policy of the state to discourage the use and con sumption of prohibited liquors and bev- erages, it ia hereby made unlawful to advertise upon any street car or railroad car, or at any public place or resort, or upon any DllDOaru, SucH proHlplIeu liquors and beverages, or any of them, or the person. firm or corporation from whom. or the place where. or the price at which, or the method by which such prohibited liquors or beverages or any of them may be obtained and any person. firm or corporation violating any pro- vision of this section shall be guilty of n misdemeanor; and this section shall be literally construed so as to prevent the evasion thereof. Any sheriff, constable or police officer is authorized to remove any such advertisement from any bill- beard or any other public place. when it comes under his observation or is brought to his notice, and shall do so upon the demand of any citizen. Any such adver- tisement containing the picture or prew- cry, or a distillery, or bottles, jugs, kegs, barrels or boxes, represented as contain ing whisky, beer or other prohibited liquors and beverages shall be within the inhibition of this section.
 Sec. 4. That the keeping of liquors or beverages that are prohibited by the law of the state to be manufactured, sold or otherwise disposed of in any building not used exclusively for a dwelling shau be prima facie evidence that they are kept for sale, or with intent to sell the same, contrary to law.
 Sec. 5. That the delivery of liquors or beverages prohibited by the law of the state to be manufactured, sold or other wise disposed of, in or from any store, shop. warehouse. boat or other vessel or vehicle of any kind, or any shanty 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 prima facie evil dence of sale or other unlawful disposi- ton.
 Sec. G. That no sheriff, jailer, police of- ficer marshal or other person in charge of any jail or lock-up under any pretenso whatsoever shall give, sell or deliver to any prisoner therein any spirituous, vnous or malt liquor, or beverage pro- hibited by the laws of Alabama to be sold, given away or otherwise disposed of. unless reputable physician certifies in writing that the health of such pris- oner or inmate requires it, and in case oe such certificate he may be alioweu the use of the prescribed quantity Of pure alcohol and no more and any of said officers violating any provisions of this section shall be guilty of a misde- meenor.
 Sec. z. That every person who being employed upon any railway or street rail- way as engineer, conductor. baggage master, brakeman, sWitch-tender, flag man motorman or signalman or person having charge of stations. or the starting, or regulating, or running of trains upon any railway or street railway. or being employed as captain, engineer or other officer of vessel propelled by steam, shall be intoxicated while engaged in the discharge of any such duties, shall be guilty of a misdemeanor.
 Sec. 8. That every wife, child, parent or other person who shall be injured in person, or property or means of support by any intoxicated person. or in conse- opei,ce of the intoxication of any person, shall have a right of action against any person who shall be selling, or giving or otherwise disposing of to another con trary to the provisions or the law, any liquors or beverages, cause the 1ntoxica- tion of such person, for all damage actu- ally sustained, as well as exemplary dam eges; upon the death of any party the action, or right of action will survive to or against his executor or administrator. The party injured, or his legal representa- tives, may bring a joint or separate ac- ton against the person intoxicated, or who furnished the liquor, and all such suits shall be by civil action in any court having jurisdiction thereof.
 Sec, g. That any person who conceals hir,self in any house, room, booth, en- closure or other place and manufactures. scis, gives away, barters, exchanges or otherwise disposes of spirituous, vinous or malt liquors or any other prohibited liurors or beverages on who, by any de- vice or subterfuge, sells. gives away or otherwise disposes of any of said pro- hibited liquors or beverages in violation or eva sion of law, or who, in any house. room, booth. enclosure or other place, in such manner and under such circum- sons from the exterior manufactures. sells gives away or otherWiae disO0Rea