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

| secure the destruction of such liquors.
 beverages, vessels and receptacles upon the grounds herein defined shall be as follows. O) The warrant may be issued by justices of the peace. judges of the county court. or any inferior court pos | sessing the civil e criminal jurisdiction of justices of the peace. oy recorders or
 other municipal judges of towns or cities by whatever named called; and the word
 magistrate hereinafter employed shall in- l elude each of the officers authorized to l issue warrants also by the judges named 1 in subdivision IA; (2) Said warrants may be issued only on probable causes sup
 ported by affidavit naming or describing the person or other party whose prem- ] ises 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 pro hibited liquors and beverages or spirit | uous, vinous or malt liquors, if more spe- clfic description be not obtainapie, and the affidavit may show that more spe- cific description is not obtaNnabie. Tn, warrant may be executed by any of the officers to whom it is directed, but by no other person except In aid or the oHl- cer. he being present and acting in its eS-
 eeution, but the complainant may accom- pany the officer who executes the warrant | ana give anu dosiSl hfAt iii executing the writ. A writ addressed to
 sheriff may be executed by a deputy 1 sheriff. (S) The magistrate before issuing | warrant must examine the complainant 1 on oath and any other witnesses he may produce eff he produces any), and take | their deposition in writing. and cause the | same to be subscribed by the person or persons making them; and the same must I be set forth facts and circumstances, or both, tending to establish the ground or grounds of the application or probable cause for believing that a ground exists authorizing search warrant to issue. (p If the magistrate is satisfied Of the ex- l istence of ground or grounds for the ap- plication 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 sheriff or to any constable Of the county, commanding him to forthwith search the place named for the prohibited 1 liquors and beverages, and to bring them | before the magistrate; if the warrant IS sought to search place whose keeper | or owner is unknown, the affidavit may l so state and the warrant may issue ac- l co1tingly The magistrate may direct I tLe warrant to the chief of police or any police officer of a city when the place | to be searched is within a city or within l the police Jurisdiction thereof CD The | NtfTdnt may pc III SuDStditldiS tit ita''' prescribed by the code of Alabama for ] other search warrants, and must, except as herein otherwise specified, be executed I in the manner and with the authority Of | the officer as prescribed by said code l in respect to other search warrants. co The warrant may be issued on any one l of the following grounds: CD When any | person, firm. association of persons or col poration, or unknown person or other rarty, keeps a place where prohibited | liquors and beverages, or any Of them. are manufactured, sold, kept for sale or otherwise disposed of contrary to law, or when such liquors and beverages, or any of them, are stored for sale, delivery or distribution contrary to law. or for ether illegal purposes in any warehouse or other place. (b) When such prohibited liquors or beverages, or any of them, are iu the possession of any person, firm, association or persons or corporation con ducting on the premises an unlawful drinking place or maintaining liquor ! nuisance thereon by means thereof. Co When any person, firm, association or corporation is carrying on at the place the business of a retail or wholesale dealer in liquors (except bona fide druggists, who sell and keep for sale alcohol only under the regulations prescribed by law) or the business of a retail or wholesale dealer in malt liquors, and said liquors | are htpt TUT Stit Dy outi oCdiCi. Nj | When an officer takes prohibited liquors
 and beverages under the warrant he must. | if required, give receipt to the per son from whom they were taken or in whose possession they were found, and also a receipt for such receptacles or vessels as may be taken under the war rant, and the warrant must be executed and returned to the magistrate by whom 1 it was issued within 10 days from date, and after that time if it is not executed | 1t is void. The officer in his return of the warrant to the magistrate must speci- | fy with particularly 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 .o a copy of the warrant, signed by the
 magistrate, which he must furnish them on their application therefor. The war rant may be executed at any time be- tween 8 o'clock in the morning and 6 o'clock in the afternoon, or at any other time that the place or premises are open;
 but section 22 is not intended to secure the search of the premises of bona fidc druggists who sell. or keep for sale al- cohol only for medical, scientific or me- chalical purposes, or wine for sacramen- tai purposes as authorized by law, or Of bona fide physicians who sell and keep for sale pure alcohol only for medical
  lowed and subject to the restrictions and regulations prescribed by law. G) When liuuors and vessels are seized by the of ficer they shall be held by him subject to the order of the magistrate or the court to which the proceeding
 may be carried by appeal and upon final judgment in accordance with the
 procedure herein defined must be re-
 turned to the lawful owner, or owners
 or be otherwise disposed of according
 to law. Liquors seized and vessels con
 taining them shall not be taken from
 the custody of the officer by writ of
 replevin of detinue or other process
 while the proceedings are pending; a
 final judgment 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 alleged to arise by reason of
 the seizure and detention thereof. The
 word vessel when used herein shall
 also include receptac1es and the word
 liquors shall also include other bev-
 erages that are seized. (9) Upot the
 return of the warrant to the magistrate
 showing seizure hereunder, the mag
 istrate shall issue notice directed gen
 orally to all persons claiming any right,
 title or interest in such liquors, to |appear before the magistrate issuing the
 warrant at a time and place therein
 specified not less than five nor more
 than 15 days after the issuhnce of saii
 notice, and show cause why such liquors
 and vessels shall not be forfeited to
 the state and destroyed. A copy of sucn
 notice shall be delivered to the person
 or other party who kept the liquor, or
 had possession of the liquors at the time
 of the seizure. and copy shall also