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


 Justice shall proceed to hear the testi- mony in support thereof If 1t be estab- lished upon the hearing before said Judge or justice or upon the 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 furnishing or distribution within this state. or if it appears that the complainant has established ground for the issuance of such search warrant, judgment of forfeiture and destruction of said liquors and vessels. shall be entered. which judgment shall provide for the public destruction of such liquors and vessels in which the same were con tained by and. under direction of the officer who seized the same. or some other officer to be named by the cour. or judge. If the testimony prod,S ed on the hearing before the judge or justice or upon such trial before the judge or court, shall fail to establish the com plaint. or that ground existed for the issue of the warrant, or that the liquors and vessels were kept, stored or de- posted for the purpose of unlawful sale or other disposition, or furnishing, dis- -tribution or delivery within this state judgment shall be entered dismissing such complaint and pro viding that such liquors and the vessels containing the same be returned to the place from which or to the person from whom they were taken. If different parties appear and claim separate DOT lions of the liquor seized, separate an swers may be filed and separate is- sues may be framed and the trial had accordingly either before the magis- trate or in the higher court to which the same may be carried by appeal If judgment shall be against only one party defendant appearing he shall be charged to pay all the costs Of the proceeding in the seizure and deten- tion of the liquors claimed by him and the costs of the trial. But if iudr- ment shall be rendered against more than one party claiming distinct parts Of or the interest in said liquors and vessels, then the cost of the proceed ings and trial may be equitably appor- tioned among the defendants for the amount of cost to be adjudged against them according to the discretion of the magistrate or court. In the event no one appears to contest the order or forfeiture and condemnation, or if the complaint is not sustained and no Judgment of forfeiture Is obtained the costs shall be taxed and paid as costs are taxed and paid in criminal prosecutions wherein the state fails and this rule shall apply as to any separate claim when several parties appear claim and contest and such separate claim is sustained and there is failure to obtain judgment as to the part of the liquor so claimed In the event no one appears to contest the order of forfeiture and condemnation or if the complaint is not sustained and no Judgment of forfeiture Is obtained the costs shall be taxed and paid as costs are taxed and paid in criminal prosecutions wherein the state fails and this rule shall apply as to any separate claims when several parties appear, claim and contest and such separate claim is sustained and there Is failure to obtain Judgment as to the part of the liquor so claimed. Any ap- peal from such magistrate must be Taken within five days from the date of Judgment and an appeal may be taken in behalf of the state to the circuit or other court of like jurisdic ton by the solicitor or other prose cutting attorney by filing a prayer for an appeal with the magistrate.
 (10) Any person appearing and becoming party defendant as afore said may appeal from the judgment of forfeiture and condemnation as to the whole or any part of the liquors and vessels claimed by him and adiudged forfeited, to the circuit court or city court or other like court of civil or criminal Jurisdiction as in cases ap- pealed from justice of the peace or county court to such higher court, the appeal to be granted upon parties giv. ing bond for the cost of appeal, and that will be incurred in such bigher court and upon written demand being made therefor fndorsed on the appeal bond at the time said appeal is taken the appellants may be entitled 10 q jury for the trial of the cause in said circuit or other like court Ana said trial court shall proceed with the case ce noyo and may cause suitable issues to be framed for the determination of the cause
 11) Whenever it shall be final ly decided that the liquors and yes sells seized as aforesaid are forfeited and ordered condemned, the magis- trate or court rendering final judg- ment of forfeiture shall issue to the officer having said liquors in custody. written order directing him forth with to destroy said liquors and yes sels and immediately thereafter to make return of said order to the court whence issued with his doings indorsed thereon. When it is finally decided that the liquors so seized are not liable 70 forfeiture, the magistrate or the court rendering the decision shall is- sue written order to the officer hay- ing the same in custody to restore
 
 Where seized as nearly as may re or to the persons who are entitled to re- ceive them
 Q2). The payment of retail louor dealers or retail malt liquor dealers special United States internal revenue tax for the place and covering the period in which such liquors are seized or the maintenance or posting in any place where such liquors are seized of a retail liquor dealers or retail malt liquor deal- CTS special United States internal revenue tax stamps, or a wholesale malt or liquor dealers tax stamps in force and effect at the time of such seizure, or the posting. keeping or maintaining of notice or sign of any kind on or about, the premises where such liquors are seized indicating that prohibited liquors are there sold. kept or given away, shall be prima facie evidence that the liquors so seized are kept. stored and deposited for unlawful sale or unlawful furnishing. disposition or delivery and shall constitute probable cause 5ustifying the issuance of a search warrant to search the premises for pro- hibited liquors or beverages, and shall Justify an injunction upon a bill flleo in equity to abate liquor nuisance at the place where the same is posted The keeping of prohibited liquors in any build- ing not used exclusively for a dwelling shall be prima facie evidence that the same are kept to be sold or otherwise disposed of or delivered or furnished contrary to law. except as to bona f1de wholesale and retail druggists selling alco- hol as specified in section 22 of this act and who shall have filed with the probate judge of the county declaration in &C., cordance with said section. No search warrant shall be taken out or bill of in- ad a 1rlo I>