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

lies require him to prosecute criminal
 cases on behalf of the state, or any
 citizen. or citizens of the county
 wherein such nuisance exists, or is maintained, may upon their relation Tile bill in the name of the state of Alabama in the chancery court, or
 other court possessing equity jurisdic- 1 ton. in the county where the nuisance
 exists, to abate and perpetually enjoin
 the same. The bill or petition shall
 state the facts upon which the appli-
 cation Is based and shall be verified 1 by the affidavit of the officer or cit
 lzen filing the suit either upon ilnowl- edge or information and belief. ss the I circumstances may warrant and in
 case the bill is filed by any one of 1 the officers named and he be unwil- | Ing to make the affidavit, the Verifi-
 cation may be made by any citizen or l citizens, in the same manner and terms as if the bilf had been filed by him or | them. No bond shall be required as a
 condition precedent to the issuance of a preliminary injunction when the suit is brought by the attorney gen. eral of the state or solicitor, deputy solicitor or any other prosecutions off l cial When a bill making prima facie case
 and properly verified is presenteS to the
 chancellor or judge of the court wherein the Dill is filed, or Is to be filed. or other judge authorized by the law of the state to grant a fiat for d preliminary injunc- 1 tioa. such chancellor or judge may order l an appropriate preliminary injunction to
 issue in accordance with the prayer of
 the bill, and the chancellor or judge may direct the terms of the preliminary in-
 junction so as to carry out the purposes I of this section, which Is to secure re-
 straint and abatement of such liquor
 nuisances on the premises. The owner
 of and all persons interested in the build- I ing CT premises where the nuisance ex- I ists, or any agent renting the same, as well as the keeper thereof, may be joined with the keeper as parties defendant | to the proceedings. and all such owners, | Keepers, parties interested or agents who | may be found to have knowingly assented
 To the keeping or maintaining of such
 nuisance on the premises at any time I Within six months prior to the commence 1 rnent of the suit, and their servants, lessees and tenants shall be perpetually enjolned from maintaining and keeping. or suffering to be kept and maintaining such nuisance, or any liquor nuisance upon the said premises. The court shall have full power and authority to main tain it's jurisdiction, and by all suitable orders and writs to enforce it's decrees I in respect to the subject matter of the suit, and to so shape and mold it's de- cfees, as to accomplish the purpose of the bill, and all the rules of evidence practice and procedure, except as other wise herein provided, that pertain to
 courts of equity generally, or that exist l by virtue of any law of this state may i be invoked and applied in any such in- I Junction proceeding instituted hereunder 1 Upon the final hearing of the case instituted to abate liquor nuis-
 ance if it shall appear that the bill has
 been sustained by the evidence. or has | been taken or confessed, the court shall | a n a hal of h order shall direct the destruction of all such prohibited liquors and beverages, l as are found upon the premises, together with all signs, screens, bars, bottles, glasses, and other movable property use1 In keeping and maintaining said nuisance and the destruction of all such liquors 1 and beverages, and such movable prop- ! erty as may have been seized under au- thurity of the court pending the hearing Of the cause. If the bill shal! pray for a writ of seizure authorizing the sheriff to 1 seize all prohibited liquors and beverages on the premises together with all signs l screens, bars, bottles, glasses, and other | movable property used in keeping and | maintaining said nuisance, the officer, or I citizen, or citizens, filing the bill may at the time they apply for preliminary in | junction make application to the judge l who grants the fiat, or to the judge or chancellor of the court in which the bill
 
 l time pending the hearing make such ap- | plication, to said judge or chancellor, for such writ of seizure, and said writ may l be ordered to issue when probable cause | is shown, supported by oath or affirma- | tion, for the issuance of said writ and
 that the officer, or person making the | application or filing the bill has proba ble
 cause to believe, and does believe that
 saic prohibited liquors and beverages are l manufactured, sold, furnished, given away. kept or offered for sale in violation | of law on or about said premises, and the l said officer citizen, making the ap- plication may support the same by the production of affidavits in writing sworn l to and subscribed by the persons max l ing them, and the judge may order said writ of seizure when he is satisfied from l the affidavit of the officer or citizen or Of others one or both, that facts have l been produced affording probable cause | for believing the grounds of the applica- i ton to exist. Such writ shall name or describe the person or other party whose l premises are to be searched, and shall describe as near as may be the liquors pr bes erages that are to be seized, and the place where said liquors and beverages are to be seized as hereinafter described l for other search warrants. Whenever 1t shall be finally decided in the cause that the liquors seized aforesaid are for feited, and that they were kept or stored for an illegal purpose the decree shall order the officer having said liquors in custody to forthwith destroy the same, together with the vessels containing the same. and other movable property used in keeping and maintaining the nuis-
 ance. and immediately thereafter to make return of said order to the court whence it issued with his doings indorsed thereon. but if it shall be finally be decided that any liquors or beverages, so seized are not liable to for feiture the court shall order the officer having the same in cusrody to restore said liquors, with the vessels containing the same, to the place where it was seized as near as may be and to the person entitled to receive it, which order the officer shall obey and make return to the court of his acts hereunder.
 Sec. 201a. There shall be allowed the officer making the seizure under such
 writ in an injunction case the sum of
 8 and the sum of 10 cents for every mile
 travelled in making the seizure. together
 with such reasonable sum as the court
 may deem just for necessary expenses
 incurred In transporting and providing storage for liquors and beverages and
 other movable property seized; all which costs shall be taxed in the bill of costs, and if not collected from a defendant then shall be taxed and paid as in crim- inal prosecutions In which the state fails; and the costs of such injunction case. unless charged against some party, de- fendant by the court and collected from him, shall be paid as in criminal cases in which the state fails. upon the court making an order to that effect
 Sec. 21. Prohibited liquors and bev- ar, uas kent stored or deposited fin any