Destruction of Liquor and Paraphernalia

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  1. It is the duty of all sheriffs and deputy sheriffs of the different counties of the state and the police officers of each incorporated city and town to search for, seize and capture all illicit distilleries, stills and worms, distilling and fermenting equipment and apparatus and other paraphernalia connected therewith, or used or to be used in the illicit manufacture of intoxicating liquors; raw materials and substances connected with or to be used in the illicit manufacture of intoxicating liquors; and containers connected with or used in the packaging of illicitly manufactured intoxicating liquors.
  2. It is the duty of such officer or officers to destroy any and all whiskey, beer, or other intoxicants found at or near such distilleries or stills except with respect to intoxicating liquors upon which federal tax has been paid as provided in § 57-9-115.
  3. It is the duty of such officer or officers capturing such distilleries, stills, distilling and fermenting equipment and apparatus and other paraphernalia, to summarily destroy and render useless such property. Any intoxicants or other articles of personal property destroyed under authority of this section shall be destroyed in the presence of at least two (2) credible witnesses. Within five (5) days after such destruction, the officer destroying such intoxicants or other articles shall file a written statement, listing all items destroyed, signed by the officer destroying and the witness or witnesses thereto, with the circuit or criminal court clerk of the county where seized and, in addition, shall file a copy thereof with the alcoholic beverage commission.
  4. The reference to sheriffs and deputy sheriffs in this section shall also include constables in counties of this state having a population of:

    not less than  nor more than

    3,700 4,700

    6,000 7,800

    8,400 8,500

    8,535 8,540

    9,200 9,570

    10,770 10,780

    11,512 11,550

    11,700 11,900

    12,000 13,000

    14,500 14,600

    15,300 15,500

    15,750 16,000

    17,000 17,350

    18,000 18,200

    18,300 18,900

    19,000 19,100

    21,000 21,500

    21,600 22,300

    23,200 23,350

    23,355 23,391

    23,391 23,450

    23,500 23,750

    24,000 24,255

    25,600 27,500

    27,900 28,000

    28,555 28,600

    29,250 31,250

    31,260 33,000

    33,700 34,000

    35,480 41,800

    41,900 50,000

    57,550 59,400

    59,500 60,050

    60,600 62,000

    64,000 65,000

    101,000 118,400

    118,700 200,000

    according to the 1960 federal census or any subsequent federal census, and Fentress County and Hamblen County.


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