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


 term time. and on the return of the war rant the same proceedings may be had before the judge sitting as a court as are prescribed herenahove for the trial be- fore magistrates issuing said warrants. Any defendant to the warrant in such court of record may have jury trial upon demanding the same at the time he files his verified answer and claim.
 Q5). Where an officer seizes liquors and vessels under search warrant he shall appear on the day fixed for the hearing and prosecute the case on behalf of the state. and if there be in the county at that time a solicitor or his deputy, oY other prosecuting attorney. he may noti- fy such officer of the hearing and such officer shall appear and prosecute said case on behalf of the state in connection with the officer making the seizure and in connection with the complainant sueing out the search warrant, if the latter wishes to appear therein.
 Q6). There shall be allowed the off cer making the seizure under a search warrant the sum of s and also the sum of S2 additional for every day that such officer shall necessarily be employed in attending court for the purpose of caus- ing liquors seized to be condemned, and the sum ofs 10 cents per mile for each mile he shall travel in executing the writ, together with such reasonable sum as the court may deem just fos necessary ex- penses incurred in transporting and pro- viding storage for liquors and vessels seized: all such costs shall be taxed in the bill of costs. and if not collected from the defendant or defendants. shall be taxed and paid as in criminal prosecu- tions in which the state fails, upon the court or judge or justice making an order to that effect.
 QD That whenever in any search war rant proceeding for forfeiture and de- struction of liquors and vessels, it shall appear to the judge or court that there has been any irregularity in the service Of any process or notice or any omission to post or serve notices required or any defect in the affidavit or notice or in the service or return of either. the judge or court may permit the same to be amend ed and may direct such further service or process or of notice as will in the judgment of the judge or court be most effectual in securing notice of the pro- ceeding to those who may be entitled thereto, and so that the proceeding may not fail for any irregularity or techni- cality.
 dS). A search warrant may be sued out and prosecuted in accordance with the rules and regulations herenbefore prescribed in case there is probable cause to believe and it is made to appear to the magistrate or judge issuing the warrant that there is probable cause to believe that prohibited liquors and beverages, or some of them. are kept or deposited in or on steamboat or water craft, of any kind, or in depot. railway, car or land carriage or vehicle of any kind for un- lawful sale, furnishing, distributing or other unlawful disposition. The place where such search is to be made should be described as near as may be in the affidavit and warrant for purpose of iden- tlfication.
 Sec. 221a Upon the trial of com- plaint, warrant or indictment or in any other judicial proceeding in which any person, firm or association or corpora ton is charged with having sold. or of fered for sale. spirituous or malt liquors, or prohibited liquors and beverages, whether the sole charge or not or with becoming a wholesale or retail dealer in liquors or with being wholesale or re- tail dealer in malt liquors, or with car rying on the business of such wholesale or retail dealers in liquors or nast liquors. or with maintaining a liquor nuisance. it shall be competent to prove that the party charged has for the place and reriod of time involved paid a wholesale or retail dealers, or wholesale or retail malt liquors dealers special United States internal revenue tax, according as tho charge may be; and it shall also be com-
 
 had posted at the place and time involved a liquors dealers, or a malt liquor deal- CTS special United States internal revenue tax stamp on or about the premises, and parol testimony may be received of the payment of any such special United States internal revenue tax and of the existence of the special United States int"rnal revenue tax stamp-posted or kept on or near the premises, at the place, on or about the premises in- vcved, and of the existence of any other fact made evidence by this section, and the fact of the payment of such whole sale or retail dealers or wholesale or retail malt liquor dealers special United States internal revenue tax for the place and covering the period involved shall be deemed to be and constitute prfma facie evidence that the party paying the same, or to whom it was issued, had sold or offered for sale, the liquors for which, or for the privilege of selling which. said special tax had been paid, and said spe- oial tax stamp obtained, and that at the place and during the time for which said tax was paid, and at/the place at which said stamp tax was potsed said party had carried on the business of whole- sale or retail liquor dealer or of a whole- sale or retail malt liquor dealer, accord ing to the terms of the special tax stamp; and the possession of said special tax stamp on or about the premises shall be priina facie evidence to the same ef- feet. In any prosecution of any person, firm or corporation, or In any judicial proceeding against such person, firm or corporation for carrying on the business of q brewer or distiller or rectfier of spirits, the fact may be shown In evidence by parol or other competent manner that the party charged has taken out license from the United States as a brewer or distiller or rectifier of spirits, or has paid special internal reven,ie tax as such brewer, distiller or rectifier of spirits or has complied with the laws of the United States entitling such party, so far as concerns said laws, to be a brewer or rectifier or distiller of spirits for tho place or the period involved in the charge or in the case and shall be deemed primn facie evidence of the guilt of such party. according as the charge may be; and when the payment of such tax. or the posting of such stamp tax is made to ap- pear to the satisfaction of the judge or chancellor in any proceeding to enjoin or abate liquor nuisance, the same shall be sufficient to justify the chancellor or judge in awarding a preliminary injunc- tion restraining the maintenance of such liquor nuisance. The same evidence with like effect as that hereinabove referred to is admissible against any servant, agent. clerk or employe of any principal who has paid the tax or posted the tax stamp, or qualified to do business as a distiller, brewer or rectifier under the laws of the United States when such servant agent, clerk or employe was engaged in con- ducting, or in aiding In the conduct of the business of the principal at the time and place involved and for which the tax was paid, or for which the principal qualified to do business as such distil- v0..A Ayx~