The Birmingham age-herald., 1916-06-15
CITY ORDINANCES

CITY ORDINANCES
 statement so filed by the custodian of captured and stolen property. The said
 cause shall be tried in the recorders
 court as other cases are tried therein If
 no party appear to make claim at or
 before the time specified in the notice, or
 if no verified answer controverting the
 allegations of the said statement filed by
 the custodian of captured and stolen prop
 erty, the recorder shall proceed to hear
 the testimony in support thereof. If 1t
 be established upon the hearing before
 the recorder. or upon the trial of the
 action if issue be joined that the prohib-
 tied liquors and beverages were at the
 time seized by the police authorities kept for sale in violation of law or for other illegal purposes. judgment shall be en- tered to the effect that such liquors and beverages or any of them, proven to have been so kept for sale in violation of law or for other illegal purposes are l contra band and subject to destruction. and which said judgment shall provide for the public destruction of such pro- hbited liquors and beverages by or un- der the direction of the custodian of captured and. stolen property If the testi- mony produced on the hearing before the recorder shall fail to establish the allega- tons of the said statement filed by the custodian of captured and stolen prop erty, a judgment shall be entered to the effect that such liquors and beverages as against which the allegations of said statement were not sustained. shall be re- turned to the place from which, or the person from whom they were taken. IT different parties appear and claim sep arate portions of the liquor seized, sep arate answers may be filed and separate issues may be framed and the trial had
 accordingly, either before the recorder or in the higher court to which same
 may be carried by appeal Any appea! from the judgment of the recorders court must be taken within five days from the date of judgment, and any person appearing and becoming a party defend ant, a s aforesaid, may appeal from the Judgment of the recorders court as to the whole or any part of the liquors and beverages claimed by him and adjudged contraband to the circuit criminal courts of Jefferson county, as in cases appealed from a justice of the peace to such higher court, the appeal to be grant ed upon parties giving bond for the cost of appeal and that will be incurred in such higher court and upon written de- mand being made therefor indorsed on the appeal bond at the time said appeal | is taken, the appellants may be entitled to jury for the trial of the cause in said higher court. And said higher court shall proceed with the cause de novo, and
 
 for the determination of the cause Sec. ,. Whenever it shall be finally de- cided that the liquors and beverages mem | toned in said statement of the custodian of captured and stolen property are con- l traband and ordered condemned, the re- corder or court rendering final Judgment l shall issue or cause to be issued to the custodian of captured and stolen property written order directing him forthwith 1 to destroy said prohibited liquors and beverages, or any of them so condemned, l and immediately thereafter to make re- | turn of said order to the court whence | issued with his doings indorsed thereon. | When it is finally decided that any of the prohibited liquors and beverages so set out in said statement filed by the cus- 1 todian of captured and stolen property l are not liable to forfeiture as contra band, | the recorder or court rendering the de- cision shall issue, or cause to be issued, a written order to the custodian of cap tured and stolen property to restore the 1 same to the place where seized as nearly l as may be or to the persons who are en- titled to receive them. When any party or parties appear and claim any of said prohibited liquors and beverages and a l separate case is made as to such liquors
 and beverages so claimed, the original statement filed by the custodian of cap- 1 tured and stolen property shall be a part ] of the record of such separate case and | shall constitute the complaint against I such prohibited liquors and beverages. 1 Sec. 6. The adoption of this ordinance 1 shall not repeal any other ordinances of l the city of Birmingham relating to the II forfeiture and destruction of prohibited Il liquors and beverages but the method ! provided by this ordinance shall be II deemed cumulative.
 | Approved June 14, 1916
 | GEORGE B. WARD, | President Board of Commissioners. l A true copy:
 l C. B. LLOYD. City Clerk.
 l Age-Herald, June 15, 1916.