Title 28 — Title 28

and Taxing of Costs. 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 detention of the liquors and beverages and vessels and receptacles claimed by him and the costs of the trial. But if…

Judgment of District Court - Authorization and Procedure Generally. Any party may appeal within 14 days from the date of final judgment or denial of a post-trial motion, whichever is later, any judgment entered under the provisions of this article in any district court, such appe…

Judgment of District Court - Persons Entitled to Appeal; Bond for Costs of Appeal Required; Right to Jury Trial; Proceedings in Circuit Court. Any person appearing and becoming a party defendant as provided in this article may appeal from the judgment of forfeiture and condemnati…

Judgment of District Court - Issuance of Order for Delivery of Liquors and Beverages, Etc., to Alcoholic Beverage Control Board or for Restoration of Same to Place or Person from Which or from Whom Seized Upon Entry of Final Judgment in Proceedings Under Article. Whenever it shal…

A search warrant may be issued by any judge of a circuit court, and on the return of the warrant, the same proceedings may be had before the judge sitting as a court as are prescribed in this article for the trial before district court judges issuing said warrants. Any defendant …

Engaged in Business of Selling Beverages. It shall be unlawful for any person, firm or corporation engaged in the business of selling beverages to keep or store on the premises where said beverage business is conducted any prohibited liquors or beverages, the sale, offering for s…

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 c…

Condemnation Proceedings. Whenever in any proceedings for forfeiture and condemnation of liquors and beverages and vessels and receptacles it shall appear to the judge or court that there has been any irregularity in the service of any process or notice or any omission to post or…

Liquors and Beverages Declared Contraband; Said Appliances and Products Thereof to Be Summarily Destroyed by Sheriffs, Etc., Finding Same; Property, Etc., Where Distillery, Etc., Found Forfeited to State. All appliances which have been used or are used or ready to be used for the…

The forfeiture provided in Section 28-4-282 may be enforced by a complaint filed in the circuit court of the county in which the property is located, the complaint to be filed in the name of the State of Alabama by the Attorney General or by a district attorney in the county wher…

The property may be ordered sold and the proceeds, after paying the costs and expenses of the seizure and of the action, shall be paid into the law-enforcement fund to be used and applied on the enforcement of state laws under the supervision and control of the Governor. History:…

Conveyance of Prohibited Liquors and Beverages Declared Contraband and Forfeited to State; Seizure of Said Conveyances, Etc., and Reporting Thereof by Sheriffs, Etc., Finding Same; Confiscation and Condemnation Generally. All conveyances and vehicles of transportation of any kind…

Property Not to Be Retaken by Replevin or Detinue During Pendency of Action; Intervention by Parties Claiming Superior Right to Seized Property; Powers of Court to Regulate Proceedings to Permit Parties Claiming Vehicles, Etc., to Assert Rights. It shall be the duty of such offic…

Vehicle, Etc., Pending Condemnation Action; Proceedings Upon Failure of Defendant or Claimant to Deliver Said Vehicle, Etc., Upon Entry of Judgment of Condemnation. Whenever a conveyance, vehicle of any kind or animal used in drawing the same is seized by an officer of the state …

Vehicle, Etc., Pending Appeal; Proceedings Upon Failure of Bondsmen to Deliver Said Vehicle, Etc., Upon Affirmance of Judgment Upon Appeal, Etc. Whenever a conveyance, vehicle of any kind or animal used in drawing the same is seized by an officer of the state under the prohibitio…

in Transportation of Prohibited Liquors or Beverages Where Judgment Entered Against State. In all actions filed under this article for the purpose of condemning and selling conveyances and vehicles of transportation of any kind on account of their use in the transportation of pro…

Any person who within this state solicits or receives any order for any spirituous, vinous or malt liquors or any other liquors or beverages prohibited by the law of the state to be sold or offered for sale or otherwise disposed of in this state in any quantity to be shipped into…

for Illegal Transportation of Liquor or Beverages Where Owner, Etc., Cannot Be Ascertained; Rights in Seized Vehicles, Animals, Etc., Disposed of Upon Such Sale by Sheriff or Sale by Court in Condemnation Proceedings. Any sheriff or other officer who seizes or comes into possessi…

Unless otherwise provided by law, the proceeds of the sale of any such property forfeited to the state, whether sold by court order or by an officer under advertisement, shall, after paying all expenses in the action, or of advertisement, as the case may be, including the costs o…

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 …

Etc., Kept, Used, Etc., for Purpose of Violating Temperance Laws, Etc.; Seizure, Forfeiture, Disposition, Etc., of Same Generally. No property rights of any kind shall exist in prohibited liquors and beverages, vessels, fixtures, furniture, implements or vehicles kept or used for…

Beverages; Officer to Report Delivery to Any Person, Destruction, Etc., of Same. When any officer shall seize or take possession of any prohibited liquors and beverages in the enforcement of the law, he shall at once, in writing, make a return of his acts, with a statement of the…

Evidence Upon Conviction of Person Possessing, Etc., Same. Whenever prohibited liquors and beverages, or any of them, are seized and held for use as evidence before any court on the trial of any person for a violation of the prohibitory laws of the state or the prohibitory ordina…

Confiscated Liquors and Beverages; Payment to County or Municipality by Board of Reasonable Value of Liquors and Beverages Received. (a) All confiscated liquors and beverages which the Alcoholic Beverage Control Board will accept shall not be destroyed but shall be deposited with…

Custodian. Any custodian of seized contraband liquor and beverages who shall permit the same to be improperly and unlawfully removed from his possession or shall give the same away to any person shall be punished, on conviction, by a fine of not less than $50.00 and by imprisonme…

Druggists or Physicians. This article is not intended to secure the search of the premises of bona fide druggists who sell or keep for sale alcohol only for medical, scientific or mechanical purposes or wine for sacramental purposes as authorized by law or of bona fide physicians…

Generally. In cases of all contraband property, as provided in this article, there shall be a remedy by complaint filed in the name of the state by the officer or other person, in accordance with any provisions of the prohibition laws of the state, to secure a judgment of forfeit…

Prohibited Liquors to Possession or Receipt of Wine, Pure Alcohol, Etc., for Sacramental Purposes, Domestic Use, Etc., Generally. The laws against possession, transportation or delivery of prohibited liquors shall not apply to the possession of wine or cordial made from grapes or…

Prohibited Liquors and Beverages. Any person who shall act as agent or assisting friend of the seller or buyer in procuring an unlawful sale of any prohibited liquors and beverages shall be punishable as if he had sold said prohibited liquors and beverages, and conviction may be …

Beverages or Employment of Certain Words in Designating Business by Dealers in Beverages; Use of Evidence Thereof in Prosecutions Against Dealers for Sale, Offer for Sale, Etc., of Prohibited Liquors and Beverages. No dealer in beverages shall post or place about the premises any…

Laws; Governor May Require Reports from Officers Charged with Duty of Enforcing Laws; Failure of Officer to Make Report, Etc. In order for the Governor to perform the duties imposed upon him by the Constitution, that he shall take care that the laws be faithfully executed, he is …

Prohibition Laws; Offer and Payment of Rewards for Convictions of Persons Violating Laws. The Governor may appoint and employ, subject to the provisions of the Merit System, such inspectors or secret service men or such other persons as he may deem necessary for the purpose of de…

Officers of State, Etc., for Enforcement of Laws; Publication and Distribution of Same. The Governor, in his discretion, may require the Attorney General to prepare instructions to the officers of the state, counties or municipalities to aid them in enforcing the prohibition laws…

Indictment; Right of Person Charged to Demand Grand Jury Indictment; Continuation of Prosecution Upon Original Affidavit; Amendment of Affidavit or Complaint. All prosecutions for a violation of any provision of this chapter or of any other law for the suppression of the evils of…

Juries as to Violations of Prohibition Laws. Any district attorney in the county whose duty it is to prosecute criminal cases on behalf of the state shall not be prohibited from commencing prosecution on his own affidavit against any party violating any provision of any law of th…

Sheriffs are charged with the duty of being on the alert for violations of any of the prohibition statutes and of cooperating with the district attorneys in bringing violators to justice. History: (Acts 1909, No. 191, p. 63; Code 1923, §4643; Code 1940, T. 29, §118.)

Attend and Testify in Obedience to Summons. Any person who is summoned as a witness before the grand jury to answer as to any violation of law for the suppression of intemperance or prohibiting the manufacture, sale or other disposition of prohibited liquors or beverages or the k…

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 suppre…

Witnesses. A witness must not be prosecuted for any offense as to which he testifies before the grand jury, and the district attorney or any member of the grand jury may be a witness to prove that fact. History: (Acts 1909, No. 191, p. 63; Code 1923, §4635; Code 1940, T. 29, §111…

Indictments for Violations of Laws. Grand juries shall have no discretion as to the finding of indictments for violations of the provisions of this chapter or for violations of the provisions of any law of the state for the promotion of temperance and the suppression of intempera…

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 prohi…

Affidavits, Etc., for Sale, Offer for Sale, Possession, Etc., of Prohibited Liquors and Beverages, Etc., Generally; Proof of Charges Generally; Admissibility in Evidence of Testimony of Persons Purchasing, Etc., Prohibited Liquors and Beverages, Etc.; Immunity from Prosecution of…

Complaints, Etc.; Judgment Entered and Punishment Imposed Upon Each Count. Indictments, complaints or affidavits for any violation of this chapter or any provision thereof or of any other statute of the state for the suppression of the evils of intemperance may set out several ch…

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 aga…

When any violation of any provision of this chapter is threatened or shall have occurred, the doing of, or continuation or repetition of the unlawful act or any of like kind by the offending party may be prevented by injunction issued by a circuit court upon a petition filed in a…

When an officer arrests any person in possession of an unlawful quantity or quantities of prohibited liquors or of such liquors under conditions prohibited by law, then, on the conviction of such party of a violation of a city ordinance or state law, whether in the municipal cour…

Any violation of any provision of this chapter for which no other penalty is provided shall be punishable by a fine of not less than $50.00 nor more than $500.00, to which may be added, in the discretion of the court, imprisonment in the county jail or at hard labor for the count…

Pursuant to the provisions of Sections 28-2-1 and 28-3-18, this chapter shall be applicable in all “dry counties” as the same are defined in Section 28-2-1 and shall apply to the manufacture or possession of illicit distilled liquors or apparatus for the manufacture of the same, …

This chapter as amended, is hereby amended to make the same consistent with the provisions of Chapter 2A of this title, so that this chapter shall be applicable in all “dry counties” (but not in “wet municipalities”) and in all “dry municipalities,” as the terms are used in Chapt…

Prohibited Liquors or Beverages. It shall be unlawful for any person, firm or corporation in this state to manufacture, sell, give away or have in possession any still, apparatus, appliance or any device or substitute therefor to be used for the purpose of manufacturing any prohi…