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a regularly licensed and practicing physician under the laws of said State, do hereby certify that I have examined ... a patient under my charge, and I do hereby prescribe for the use of said patient, of alcohol (not exceeding one-half pint), and I further certify that the said patient is suffering from the following illness, sickness or disease and that in my opinion the use of such alcohol is necessary to alleviate or cure the illness or disease or sickness from which such patient is suffering, and that I believe that the patient is seeking said prescription in good faith, to use said alcohol for medicinal purposes and not as a beverage, and in writing this prescription I am not relying upon his promise or affirmation that he or she will use the alcohol for medicinal purposes, but upon my own opinion, based upon an examination, that the alcohol is necessary to alleviate or cure the sickness of which he or she is suffering. And I further certify that he or she has been suffering from said sickness as far as I can ascertain for the following period of time (to be stated in months, weeks or days) The alcohol is to be administered or used as follows: (Here state dose, etc., as above directed). Then state address of patient and doctor. (Signed) No physician

M. D." Date.

shall prescribe whisky, rum, gin or brandy or any prohibited liquor for medicinal purposes except alcohol as provided by law. The physician shall immediately file a copy of the prescription, signed by himself in the office of the probate judge who shall preserve the same and deliver all such prescriptions to the next grand jury for examination.

Sec. 6. No person shall receive or accept any prohibited liquors or beverages from a common carrier or other carrier; except alcohol in accordance with regulations and restrictions of the existing laws of Alabama, and of this act, and for the purposes prescribed by said laws, and except wine for sacramental or religious purposes as permitted under existing laws, and then only if there is permanently pasted or attached to the container a copy of the prescription or affidavit, upon authority of which it was prescribed or obtained, and any person desiring to have shipped to him under the laws of Alabama alcohol or wine. for sacramental use, shall make an affidavit before an officer in Alabama authorized to administer oaths, stating the quantity of such alcohol or such wine that the said party desires to receive; the use to which either the wine or the alcohol is to be put, and that the person seeking the shipment is authorized under the laws of Alabama to have, receive and possess such quantity of alcohol or wine as is shipped and that the shipment is sought of a legal quantity and for a bona fide legal purpose, permitted under the laws of Alabama and for no other purpose, and a copy of said affidavit shall be pasted or permanently attached to the

container of the alcohol or wine, when the same is shipped into the State of Alabama and is received by said applicant from the carrier. The common carrier delivering such wine or alcohol shall keep a record thereof and shall file within ten days after the receipt in the office of the probate judge of the county, a certificate stating the name of the shipper, the name of the receiver, the quantity and the character of the alcohol or wine, and the purposes for which shipped and received, and that it conforms to the requirements of law as to its preparation and as to the presence of the affidavit. The books and records of the carrier shall at all times be open during office hours to any prosecuting attorney, or the sheriff or chief of police of a city, or any other officer with the proper duty to enforce the execution of the law and to require conformity to the statutory regulations. Any physician, individual, shipper, carrier or its agent or employee, violating any provision of the law regulating the receipt and possession of such wine and alcohol, or failing to comply with the requirements of the law in respect to the mode and manner of obtaining same, shall be deemed guilty, and be punished in the same way as he might be punished under existing laws for an unlawful sale of said wine or alcohol. And for a second or subsequent offense, shall receive the greater punishment prescribed in other cases for persons who commit a second or subsequent offense in relation to the sale of prohibited liquors and beverages under the laws of this State.

Sec. 7. That before any physician shall be authorized to prescribe alcohol for medicinal purposes, he shall first file with the probate judge of the county in which he practices, an affidavit in the following form, to-wit: a regularly authorized practicing physician, do solemnly swear or affirm that I am such regularly practicing physician in

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county, and that I will not prescribe or furnish alcohol to any one except it be in my judgment a necessity in the alleviation or cure of the disease with which the patient shall be at the time afflicted, and I will strictly comply with all the legal requirements pertaining to the furnishing of said prescriptions, and will give no prescription for an amount exceeding one-half pint of alcohol. And I will comply with all the laws of the State of Alabama with respect to the giving of prescriptions for alcohol for sickness; that I will not prescribe alcohol to one who is afflicted with the habit of taking narcotics or who is a person of intemperate habits, nor will I prescribe alcohol merely upon the promise or statement of the patient that the same will be used for medicinal purposes, but it shall be prescribed only upon my judgment as a physician that the same is necessary in the treatment of a disease or sickness which I shall find upon personal examination of the patient to exist in his case." For the filing and recording of said affidavit by the probate judge in a book

kept for that purpose, he may receive twenty-five cents for each affidavit from the physician filing the same.

Sec. 8. That on the outside of each package or container of alcohol or of wine shipped or sold for sacramental or religious purposes to be shipped, carried or delivered to any person in this State, there shall be printed or written the name and address of the consignee or purchaser, and the name and address of the consignor or seller, the kind and quantity of liquor, whether alcohol or wine for sacramental use, all written in the English language. All carriers shall keep in the office at the place of delivery a separate record book in which shall be entered the information provided for by this section, of all shipments and deliveries of such alcohol or wine for said purposes, which record shall be open to inspection of any State, county, city or beat official, for law enforcement. Some agent, servant or officer of the carrier, within ten days after the delivery of the wine or alcohol, shall file with the probate judge of the county, a statement on strong paper, giving the information as above specified, to be shown on said record, with date of delivery and name and address of person to whom delivered, and the said delivery shall be made by the carrier to the consignee only, who shall sign and receipt therefor on the record.

Sec. 9. That it shall be unlawful for any person, firm or corporation, to permit or allow any one to have, possess, operate or locate on his premises, any apparatus, plant or structure, for the distilling or manufacturing of prohibited liquors or beverages, or any of them. And when such apparatus, plant or structure is found upon said premises, the fact shall be prima facie evidence that the tenant or owner in actual possession of the premises has knowledge of the existence of the same, and of the purpose for which the same were to be used, and upon conviction of permitting or allowing the same to be upon his.premises, such tenant or owner shall be punished as prescribed for the first and subsequent offenses in the general penal section 20 of this actthe burden of proff being upon the tenant or owner in possession to show his want of knowledge of such apparatus on his premises.

Sec. 10. That whenever any person is convicted in the circuit court of unlawfully distilling or manufacturing or making any of said prohibited liquors and beverages, there shall be charged in the bill of costs to be paid and collected as other items of cost, the sum of $50.00 to be allowed the sheriff or other officer or person who furnished the evidence and brought about the conviction, and who shall satisfy the presiding judge that he is the person entitled to said sum, and shall receive from the judge a certificate to that effect.

Sec. 11. That whenever prohibited liquors and beverages or any of them, are seized and are 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 ordinance of any city, and the person is convicted for violating such law or ordinance in any way by his connection with or possession or ownership of the liquors, then, within ten days after conviction without any order of the court to that effect, the custodian of the liquor is authorized to proceed and shall proceed to destroy the same as contraband and forfeited to the State, and any custodian of such contraband liquors that have been seized in the enforcement of the law, who may now hold them in possession after the conviction of a party or parties from whom they were taken, or of a party charged with the crime in respect thereto, the custodian shall at once after the passage of this bill proceed to destroy said. contraband liquors without other or further authority or order. And any custodian of seized contraband liquor 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 imprisonment at hard labor for the county for six months.

Sec. 12. That all appliances which have been used or are used or ready to be used for the purpose of distilling or manufacturing any prohibited liquors or beverages, are hereby declared to be contraband and no person, firm or corporation or association of persons shall have any property rights in or to the same, and when said appliances or apparatus so used and ready to be used or that have been used for the manufacture of any prohibited liquors and beverages, be found by any sheriff or other officer of the State or of any county in the effort to enforce the prohibited laws of the State, the same shall be by said officer at once summarily destroyed and rendered useless for service. And the officer shall also summarily destroy any liquor or liquids the product of a distillery or plant for the making of a prohibited liquor which he may find on the premises, and the owner of said distillery or plant or any person permitting the same to exist on the premises shall forfeit to the State of Alabama all property used in connection with said illegal plant, together with the buildings and lots or parcels of ground constituting the premises on which the unlawful act is performed or permitted to be performed. The said forfeiture may be enforced by a bill filed on the equity side of the circuit court of the county in which the property is located, the bill to be filed in the name of the State of Alabama by the attorney general or by a solicitor or other prosecuting attorney or official in the county, where the bill is filed, or by others as provided in the law for the filing of bills for abatement of liquor nuisances, and the property may be ordered sold and the proceeds applied after paying the costs and expenses of the seizure and of the suit, to a fund for law enforcement to enable the governor to exercise the powers con

ferred by section 14 of this act, after paying out of the proceeds the sum of $50.00 to the sheriff or other officer or other person who secured the seizure and whose efforts resulted in obtaining the decree of condemnation, the proceeds shall be paid into the State treasury as a law enforcement fund and the governor may draw on same or employ same to bear expenses of enforcing laws as authorized by this act.

Sec. 13. That all conveyances and vehicles of transportation of any kind, whether on the waters of the State, under the water, on land or in the air, which have been or are used for the illegal conveying of any prohibited liquors or beverages, into this State, or from one point in the State to another point within the State, including any animals that may be hitched to any vehicle so illegally used, together with all harness and other accessories employed in such illegal transportation, shall be contraband and be forfeited to the State of Alabama, and shall be seized by any sheriff or other arresting officer or any other person acting under authority of law in the enforcement of the prohibition laws of the State, who becomes cognizant of the facts or who finds. liquor in such conveyance or vehicle being illegally transported as aforesaid. And such officer or person shall report the seizure and the facts connected therewith to the solicitor or any prosecuting official in the county where seizure is made or in default thereof to the attorney general of the State. And it shall be the duty of such officer in the county, or the attorney general of the State to at once institute or cause to be instituted condemnation proceedings in the circuit court by petition in equity in the name of the State against the property seized describing the same, or against the person or persons in possession of said vehicles of transportation, if known, to obtain a decree enforcing the forfeiture. No replevin or detinue writ may be employed to re-take possession of such seized property pending the forfeiture suit, but any party claiming a superior right may intervene by petition in said suit and have his claim adjudicated. The judge presiding in said circuit court, or any division thereof may superintend and make all proper orders and orders of publication of notice to be published for all parties claiming the said vehicles. to come in and assert their right thereto. And the said court shall have authority to frame all orders of procedure so as to regulate the proceedings that persons may have an opportunity to come in and propound their claim to the vehicles and conveyances sought to be condemned. Any sheriff or other officer who seizes or comes into possession of such vehicle, animal or property illegally used for the transportation of liquor within or into the State and does not know or cannot ascertain the possessor or owner thereof, shall advertise and sell the same according to the rules for selling personal property under execution, and both the court in condemnation proceedings and the said officer on