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28-4-225
Section 28-4-225 Application for and issuance of writ directing seizure of prohibited liquors
and beverages, movable property, etc., used in connection with nuisance pending hearing of
action. If the petition shall request a writ of seizure authorizing the sheriff to seize all
prohibited liquors and beverages on the premises, together with all signs, screens, bars,
bottles, glasses and other movable property used in keeping and maintaining said nuisance,
the officer, or citizen or citizens filing the petition may, at the time they apply for a
preliminary injunction, make application to the judge who grants the preliminary injunction
or to the judge of the court in which the petition is or is to be filed or they may, at any
time pending the hearing, make such application to said judge for such writ of seizure, and
said writ may be ordered to issue when probable cause is shown, supported by oath or affirmation
for the issuance of said writ, that the officer or person making the...
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28-4-323
Section 28-4-323 Admissibility and effect of evidence showing similarity in color, odor and
general appearance between prohibited liquor or beverage and beverage shown to be manufactured,
sold, kept, etc., by defendant; applicability of rule as to admissibility, etc., of said evidence
in proceedings for abatement of liquor nuisances, etc. (a) In all prosecutions against any
person for manufacturing, selling, offering for sale, keeping or having in possession for
sale, bartering, exchanging, furnishing, giving away or otherwise disposing of prohibited
liquors and beverages or for any one of the said acts, it shall be competent for the state
to give in evidence the fact that the beverage which the evidence may tend to show the defendant
had manufactured, sold, bartered, exchanged, furnished, given away or otherwise disposed of,
possesses the same color, odor and general appearance or the same taste, color and general
appearance of a prohibited liquor or beverage such as whiskey, rum,...
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28-4-129
Section 28-4-129 Filing of statement by board; inspection of statement by district attorney
or police officers. It shall be the duty of the board to file immediately the statement required
by Section 28-4-127 as a part of the files of its office and to permit any sheriff, deputy
sheriff, constable, chief of police or other police officer of a municipality, district attorney
whose duty it is to prosecute crime in the county in which delivery is made and any other
peace officer of the county or officer charged with the duty of prosecuting violations of
the law to inspect the said statements as they may desire at any time and especially to permit
inspection thereof by any officer or other duly authorized person seeking information for
the prosecution of persons charged with or suspected of crime, especially the crime of selling,
giving away, bartering, keeping for sale or otherwise disposing of liquors or any beverages
prohibited by the laws of the state to be sold, given away, kept for...
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28-4-320
Section 28-4-320 Servants, agents, etc., and principals not to be excused from testifying against
each other on grounds of self-incrimination; immunity of said persons from prosecution for
offenses disclosed, etc. No clerk, servant, agent or employee of any person accused of a violation
of the laws to promote temperance and to suppress intemperance or prohibiting the sale, manufacture
or other disposition of liquors or beverages shall be excused from testifying against his
principal for the reason that he may thereby incriminate himself, nor shall any principal
be excused for the same reason from testifying against any clerk, servant, agent or employee
in such cases, but no testimony given by any of said parties shall in any manner in any prosecution
be used as evidence, directly or indirectly, against him, nor shall the party testifying be
thereafter prosecuted for any offense so disclosed by him. (Acts 1909, No. 191, p. 63; Acts
1915, No. 2, p. 8; Code 1923, §4638; Code 1940, T. 29,...
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28-4-317
Section 28-4-317 Grand jury proceedings generally - Offenses as to which witnesses may be required
to testify; initial interrogation of witnesses to particular offense not required. The witnesses
before the grand jury to give evidence may be required to answer generally as to any offense
against the laws of Alabama for the promotion of temperance and the suppression of intemperance
committed within their knowledge during the 12 months next preceding or as to any violation
within said time of any law of the state prohibiting the manufacture, sale or other disposition
of any of said prohibited liquors or beverages or the maintaining of any unlawful drinking
place or liquor nuisance, and it shall not be necessary to first specially interrogate the
witnesses to any particular offenses. (Acts 1909, No. 191, p. 63; Code 1923, §4634; Code
1940, T. 29, §110.)...
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28-4-280
Section 28-4-280 Allowances and fees of officers executing search warrants and attending and
prosecuting forfeiture and condemnation actions for state. There shall be allowed the officer
making the seizure under a search warrant the sum of $3.00 and also the additional sum of
$2.00 for every day that such officer shall necessarily be employed in attending court for
the purpose of causing liquors and beverages and vessels and receptacles seized to be forfeited
or condemned and the sum of $.10 per mile for each mile he shall travel in executing the warrant,
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 vessels and receptacles
seized. Where a warrant is issued to any peace officer to search a designated place for prohibited
liquors and beverages and such officer executes such warrant and seizes such liquors or beverages,
but fails to arrest any person or persons for having...
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28-3-1
Section 28-3-1 Definitions. As used in this title, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) ALCOHOLIC BEVERAGES. Any alcoholic,
spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and
mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and
all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes,
which contain one-half of one percent or more of alcohol by volume, and shall include liquor,
beer, and wine. (2) ASSOCIATION. A partnership, limited partnership, or any form of unincorporated
enterprise owned by two or more persons. (3) BEER, or MALT OR BREWED BEVERAGES. Except as
otherwise provided in this subdivision, any beer, lager beer, ale, porter, malt or brewed
beverage, or similar fermented malt liquor containing one-half of one percent or more of alcohol
by volume and not in excess of thirteen and nine-tenths percent...
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28-4-26
Section 28-4-26 Sale, barter, exchange, etc., of prohibited liquors or beverages by person
concealing self in house, room, etc. Any person who conceals himself in any house, room, booth,
enclosure or other place and sells, gives away, barters, exchanges or otherwise disposes of
spirituous, vinous or malt liquors or any other prohibited liquors or beverages or who, by
any device or subterfuge, sells, gives away or otherwise disposes of any of said prohibited
liquors or beverages in violation or evasion of law or who, in any house, room, booth, enclosure
or other place, in such manner and under such circumstances as that he cannot be seen by persons
from the exterior, sells, gives away or otherwise disposes of any such prohibited beverages,
contrary to law, shall be fined not less than $50.00 nor more than $500.00 and may also be
imprisoned in the county jail or sentenced to hard labor for the county for not less than
three months nor more than six months, at the discretion of the court....
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28-4-23
Section 28-4-23 Keeping, etc., of prohibited liquors and beverages in lockers, rooms, etc.,
of social clubs, etc.; duty of officers of such clubs, etc., to prevent violations of section.
No prohibited liquors and beverages shall be kept or permitted to be kept by members or others
in any locker or room of or on the premises of any social club or of any other association
or organization of persons, whether of a fraternal or social nature or otherwise, and whether
incorporated or not, and such club or club room shall not be deemed to be at the home or private
premises of any member thereof. It shall be the duty of all officers of any such club or association
of persons, and especially of the secretary, manager or other officer in charge of the premises,
to prevent the violation of this section by the members or by others resorting thereto. The
presence of prohibited liquor in any locker or any other place on the premises or about the
rooms of any such club or association of persons shall...
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28-4-292
Section 28-4-292 Advertisement and sale of receptacles, etc., of prohibited liquors and beverages.
All vessels and receptacles of prohibited liquors and beverages such as handbags, suitcases
or trunks, which have been seized in law enforcement and which are in the custody of any person
or officer, after conviction of the parties from whom seized of the violation of the law in
respect thereto, shall be sold after notice of sale by advertisement in a newspaper published
in the county for 10 days in a daily paper or for two issues in a weekly paper. The proceeds
of the sale shall be paid into the municipal treasury, if sale is made by a municipal officer
or custodian of such contraband seized by municipal officers, or to the law-enforcement fund
in the State Treasury if made by any other officer or custodian. (Acts 1919, No. 7, p. 6;
Code 1923, §4783; Code 1940, T. 29, §252.)...
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