The Birmingham age-herald., 1915-10-23

any kind shall exist in prohibited liq- DOTS and beverages, vessels. fixtures,
 furniture, implements. or vehicles kept
 or used for the purpose of violating
 any law for the promotion of temper ance or the suppression of the evils of intemperance, nor in any such liquors when received, possessed, or stored at
 any forbidden place. or anywhere in a quantity forbidden by law; and in all
 such cases the liquors are forfeited to the state of Alabama and may be searched for and seized, and ordered
 to be destroyed under the rules now prescribed by law concerning contra band liquors. or by order of the judge of court after conviction when such 1iquors have been seized for use as evidence.
 Sec. 8. When any officer shall seize
 or take possession of any prohibited liquors and beverages in the enforce
 ment of the law. he shall at once in
 writing make a return of his acts, with
 a statement of the quantity and kind
 of liquors to the court or magistrate
 that has or secures Jurisdiction of the
 case; and when any such liquor Is de-
 stroyed, delivered to any person, or
 otherwise disposed of. the officer act
 ing in the matter shall in writing mak e
 report of the facts to such court or magistrate.
 Sec. g. That wholesale druggists may sell alcohol in quantities not
 greater than five gallons at one time,
 to be used in the arts, or for scientific, or mechanical purposes, and for all sales of alcohol except wood and de- natured alcohol, they must make and file with the probate judge of the coun- ty in which the vendee resides, or does business. a statement in regard to the sale of alcohol in the form and manner now required by law when sales are made by wholesale druggists. All reg ulations as to the sale and use of alco- hol by druggists, or other authorized persons, including physicians who are dealers in drugs in towns of less than 1000 inhabitants, shall remain in effect except as herein modified. Any whole sale druggist or other person violating any regulation hereby prescribed shall be punished as in other cases of violat- ing the regulations as to alcohol under the existing laws. When such state ment Is filed in the county of the resi- dence of the vendee, or in which the vendee does business, it need not be filed in the county of the vendor. For filing such statements containing sales made during the month to persons re- siding in or doing business in county and recording same, the probate judge shall receive a fee of 25 cents, as now prescribed by law for cases In which the statement is filed in the vendors county.
 Sec. To- That when any minister, pastor, or priest of a religious congre- gation or church desires to have shipped from outside of the state. wine for sac ramental purposes in the usual reli- gious exercises of his denomination, he may apply to the judge of probate of the county for a permit stating the amount desired, during what period, and for what purpose, and said judge, if satisfied of the good faith of the ap- plication, shall grant a written permit to the applicant permitting the ship ment of such amount as is shown to be reasonably necessary to be stated in the permit, for the time stated for such purpose, not to exceed five gallons at one time which said permit is to be attached to the package when shipped into the state. The permit which is to be issued upon paying the probate judge 15 cents for issuing same, may be used for only one shipment, and shall be void after 20 days from date. The carrier or party making delivery must keep a record of all such deliv- cries of wine for said purposes, subject to the conditions applicable to other shipments of liquor.
 Sec. Ii. That when any violation of this act or any law for the promotion
 
 have occurred. the doing of of continu- ation or repetition of the unlawful act, or any of like kind by the offending party, may be prevented by writ Of injunction out of court of equity upon a bill filed in all respects as In cases of liquor nuisances and of violation of the law against advertising liquor; in like manner the writ of injunction may be employed to compel obedience to any rule or regulation prescribed by any such law.
 Sec. 12. That if for any reason any section, paragraph, clause or part of this act shall be held unconstitutional or invalid. that fact shall not affect or destroy any other section, paragraph, provision. clause or part of the act not in and of itself invalid. but the re- maining portion shall be enforced with out regard to that so invalidated.
 Sec. IS. No repeal, or superseding or modification of any existing law or ordinance resulting from this act shall affect any existing right, remedy, de- fense or liability incurred, or any ac- ton or prosecution, civil or criminal, already commenced, or which may here after be commenced for any offense already committed, or committed prior to the taking effect of this act, or any action or prosecution enforcing right, penalty or punishment under such re- pealed, superseded or modified law or ordinance, and as to all such cases, the laws and ordinances in force at the time of the taking effect of this act, shall continue in force.
 Sec 14. That when an officer arrests any person in possession of an unlaw- full quantity or quantities of prohibited lQuorsAor of such liquors under condi- tions prohibited by law. then on the conviction of such party of violation of city ordinance or state law, wheth- CT in the recorders court or state court possession Jurisdiction, fee for making the seizure of the liquors shall be taxed up against the defendant, and paid to such officer as part of the cost of the case, as follows: If a seiz- ure is made of not more than five gall Ions of such liquors. the fee shall be $3: if the seizure be of more than five gallons, and less than 20 gallons. the fee shall be $5 and if more than 20 gallons be seized. the fee shall be s10.
 Sec. 16. That any common carrier. carrier or agent of either or other per son violating any of the provisions of this act, or failing to comply with any requirements thereof, shall be guilty of mfsdemeanOr. punishable by fine of not less than $50 nor more than $500, to which at the discretion of the court or judge trying. the case may be added Imprisonment in the county jail, or con- finement at hard labor for the county for not more than six months for the first conviction, and on the second and every subsequent conviction of a viola ton of any provisions of this act, the offense shall, in addition to a fine with in the limitations above named, be pun- ishable by imprisonment in the county jai1 or at hard labor for the county for