§ 28-4-275 — Forfeiture and Condemnation Proceedings Generally - Apportionment and Taxing of Costs

Alabama § 28-4-275

• Jurisdiction: Alabama
• Title 28: Intoxicating Liquor, Malt Beverages and Wine
• Ch. 4: Regulation and Control of Alcoholic Beverages in Dry Counties and Dry Municipalities
• Art. 11: Forfeiture and Condemnation of Contraband Liquors and Beverages, Etc

Text

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 shall be entered against more than one party claiming distinct parts of or interests in said liquors and beverages and vessels and receptacles, then the cost of the proceeding and trial may be equitably apportioned among the defendants for the amount of cost to be adjudged against them according to the discretion of the judge or court. In the event no one appears to contest the complaint or if the complaint is not sustained and no judgment of forfeiture is obtained, the costs shall be taxed and paid as costs are taxed and paid in criminal prosecutions wherein the state fails, and this rule shall apply as to any separate claim when several parties appear, claim and contest and such separate claim is sustained and there is failure to obtain judgment as to the part of the liquor and beverages and vessels and receptacles so claimed.

Legislative History

(Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923, §4761; Code 1940, T. 29, §230.)