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f f f* NEW DISPENSARY UW. UAWC DCCM MAnC IM MANY On?l>onM* i_ u _i_n THE ACT. The Law Strengthened In Man* PotLts? Its Meshes Will b-> Hard to Get Fbrough? Provlson (or Establishing New Dispensaries. An Acl to Declare the Law in Reference to aud Farther Regulate the Use, Sale, Cousunption, Transportation and Disposition of Alcoholic Liquids or Liquors W ithio the State of South Carolina, and to Police the Same. Section 1. Beit enacted by the Senate and House of Representatives of the S'ate of Soutu Carolina, now met and sitting in General Assembly, and by the authority of the same: That the manufacture, sale, barter or exchange, recent. acceDtance. delivery, storing and keeping in possession, within this State, of any spirituous, malt, vinous, fermented, brewed (whether lager or rice beer) or other liquors or any compound or mixture thereof, by whatever name called or known, which contains alcohol and is used as a beverage by any per* son, firm or corporation; the transportation, removal, the taking from Lhe depot or other place by congsignee or other person or the payment of freight or express or other charges by any person, firm, association or corporation upon any spirituous, malt, vinous, fermented, brewed (whether lager, rice or other beer) or other liquor or any compound mixture thereof, by whatever name called or known, which contains alcohol and is used as a beverage, except as (is hereafter, provided, is hereby prohibited under a penalty of thirty days . imprisonment or one hundred dollars fiae for each oflense. All such liquors, except when bought from a State officer authorized to sell the same or in possession of one, are declared to be contraband and against the morals, good health and ' " * - ?J L. I 8amy 01 ID6 estate uau may uc ocilcu wherever found without warrant and turned over to the State Commissioner. Sec. 2. The Governor, the Attorney General and the Comptroller General shall, ex officio, constitute a State Board of Control to carry out the provisions of this Act. Sec. 3. That the Governor shall, at the expiration of the term of tbe present Commissioner, and at the expiration oi every two years thereafter, appoint a Commissioner, which appointment shall be submitted to the Senate at its next session for its approval; said Commissioner shall be believed by the Governor I to be an abstainer from intoxicants, and shall, under such rules and regulations as may be made by tbe State Board of Control, purchase all intoxicating liquors for lawful sale in this State, and^turnish the same to such persons as may by designated as Dispensers thereof, o/O/l oo nr?orrih?r1 in t.hin W ISO OViU uy UNIVHIW* ^fcVMVfc.wvv. ? .M.. Act. iSaid Commissioner shall reside, and have his place of busmen, in the city of Colombia, in this State, and hold his office two years from appointment and nntil another be appointed in his stead. He shall be subject to removal for cause by the State Board of Control. He siall qualify and be commissioned the same as other State officers, and receive an annual salary of $3,000, pay* able at the same time and in the same manner as is provided for the payment of the salaries of State officers. H& shall be allowed a bookkeeper, who shall be paid in the same manner a salary of $1,200, aud each other assistants as In tLe opinion ot the Board ot Control may -? - rr? .k?ii .?]] UC UCCiUCU UCUCDOOi J ixu ounii uvu wwi * to the County Dispensers any intoxicating or lermcated liquors, except such as have been tested by the chemist of the South Carolina College and declared to be pure: Provided, That said State Board of Control shall have authority to appoint such assistants as they may find necessary to assist the South Carolina College in making the analyses required by this Act, and the said Board of Con* trol may fix such reasonable compensation, if any, as they deem proper for the services rendered by such caemist or such aesisants. The State Commissioner shall deposit all umounts received by him from sales to County Dispensers or others with the Treasuer ol the State under such rules as may be made by the State Beard of Control to insure the faithful return of the same, and the State j.rentjurer BLiau *ccy u eepumio ntwum with said fund from which the Commissioner shall draw from time to time, upon warrants duly approved by the chairman of said Board, the uoiuuius necessary to pay the expenses incurred In conducting the buaiue^b. AM rn'ft* and regulations governing ?aid C -?ui siontr in the purchase of intua. c uing liquors, or in the performance of any of the duties of bis office where the same arc not provided tor by law, shall oe prescribed by the State Board of Control. He shall, before entering upon the duties of his office, execute a bond to the State Treasurer, with sufficient sureties, to be approved by the Attorney General, In the penal sum of ten thousand doliars ($10,000) for the faithful performance of the duties of his office. In all purchases or sales of intoxicating liquors made by said Commissioner as contemplated in this Act, the Commissioner shall cause a certificate to be attached to each and every package containing said liquors when the same'is shipped to him from the place of purchase, or by tim lo the County Dispenaer, certified by bis official signature and seal, which certificate shall state that liquor* contained in said package have been purchased by him tor sale TOAU11U tuo oiaic ui ouuwu vjaiuuun, to be shipped out of the State under the lawB of said State; and without such certificate any package containing liquors wldch shall be shipped out the State, or shipped from place to place within the State, or delivered to the consignee by any railroad, express company or other common carrier, or be found in the possession of any common carrier, shall be regarded as contraband and may be seized without warrant for confiscation, and fcoch common carrier shall be liable to a penalty of five hundred dollars for each offense, to be recovered against said common carrier in any court of competent jurisdiction by summons and complaint, proceedings to be Instituted by the Solicitor oi any circuit with whom evidence may be lodged by any officer or citizen having knowledge or information of the violation, and any person attaching or using such certificate, without the authority of the Commissioner, or any counterfeit certificate tor tne purpose of securing the transportation of any intoxicating liquors out of or within this State iQ violation of law, shall upon conviction thereof be punished bv a hue of not less than five hundred dollars and imprisonment in the H.n.t.nhor,, for nr>f Ut. th.n nn? ?nr JL VUlWVUWMt J iVl 1VWW VMU J VMk tor each oflense. Sec. 4. Said Commissioner shall maka printed quarterly statement, under oath, of all liquors sold by him, enume *" J* J * nnnnfittr t aung ice umertsui kiuu? uuu 4uau1.it > each kind, the price j>aid and the tern of payment, and to whom sold. All the names of the parties from whosi tl liquor was purchased, and their place busineps and date of purchase, whi< statemeut shall he filed with the Sta Board of Control. Sec. 5. The State Commissioner sha before shipping any liquors to Dispei sers, txcept lager beer, cause the 3aft to be put into packages of not less the <<ne half pint uor more tban five gallon and securely seal the same, and it sba be unlawful for the Dispenser to breu any such package 01 open the same f< any reason whatever. lie snail sell t the package only, aud ro person eta open the same on premises: Provide^ This st ction shall not apply to ma)t lii uors shipped In cases, or bottles then of shipped in barrels, and such malt li< nor3 may be sold by the County Dis penser in such quantities of not less tha one pint as be may see proper: Providt The same shall not be drunk on- tt premises. Disposers shall open the places of business and sell only in da tim?, under such rules as may i>e mat by the State board of Control. Sec. 6. It shall be the duty of th State Board of Control to appoint County Board of Control, composed < three persons believed by said Board n< to oe addicted to the use of intoxicatlr liquors, who shall hold their offices f< a term of two years, and until their sm cessors are appointed. Said Count Board of Control shall be subject to re moval tor cause by the State Board < Control. Said County Board shall mak such rules as will be conducive to tt best ooanagement of the sale of intox eating liquors in their respective coui ties: Provided, All such rules shall I submitted to t&e State jooara ana ap proved by them before adoption. Sai County Board of Control shall qualil and be commissioned as are other count officer, without fees therefor. See. 7. Applications for position < County Lispemer shall be by petitioi signed and sworn to by the applicat and filed with the County Board of Cor trol at least ten days before the meetin at which the application is to be consi< ered, which petition shall state the a] Dlicants name, place of residence, i what business engaged, and in whs business he haB engaged in two yeai previous to filing petition; that be Is citizen of the TJnited States and Sout Carolina; that he has never been a( judged guilty of violating the law relat ing to intoxicating liquors, and is not keeper of a restaurant or place of publ amusement, and that he is not addicte to the use of intoxicating liquors as beverage. This permit or renewal thei of shall isdue only on condition that tb applicant shall execute to the Count Treasurer a bond in the penal sum < wii.h onnri anrl anfficient suretie conditioned that he will well and trul obey the laws of the State of South Cai olina, now or hereafter in force, in r< lation to the sale of intoxicatine liquor that he will pay all fines, penallie damages and costs that may beaasesse or recorded against him for violation < such laws during the term for whic said permit or renewal is granted, ac will not sell intoxicating liquors und< his permit at a price other than thi fixed by State Board of Control. Si: bond shall be lor the use of the count or any person or persons who may 1: damaged or injured by reason of an violation on ihe part ot the obligor < he law relating to intoxicating liquoi purchased or sold during the term f( which said permit or the renewal there* is granted. The said bond shall be dc posited with tne County Treasurer, an suit thereon shall be brought at an lime oy iqo oouciuor ur uuy pciovu iv, whose benefit the same is given; and i case the conditions thereof, jr any ( them, shall be violated, the priacip* and sureties thereon shall also be joint] and severally liable for all civil damage costs and judgments that may be ob Uined against the principal in any civ action brought by wife, child, paren guardian, employer or other person ut der the provision of the law. All oth< monej b collected for breaches of sue bond shall go into the County Treasur; Said bond shall be approved by tt County Board of Control under the rul< and laws applicable to the approval < official bonds. Sec. 8. There may be one or rooi County Di?pensers appointed for eac county, the place of business of each < whom shall be designated by the Count Board, but the State Board must giv consent before more than one Dispense can be appointed in any county; an when the County Board designates ] c lit y for a Dispensary ten days pub lie notice ot which shall be given it sha pnmnfttftnt. fnr a mainritv of the vot era of the township in which such Dii pensary is to be located to preveDt il location in such township by sisjnin petitions addressed to the Coun'y Boar requesting that no Dispensary be es tablished in that township, whereupo some other place ofay be deBignatec (The County Board may ia its discretio locate a Dispensary elsewhere than i an incorporated town, in the , Countie of Beaufort and Horry and no others. Provided, however,, That any count] town or city wherein the sale ot alcohol: liquors wa% prohibited by law prior t July 1st, 1893, may secure the estat libhment of a Dispensary within * il Jama in fr\l 1 Ammr? monnavi TTrvn uuiucio m duo iviiwniu^ uiauuoii petition signed by one lourth the qual tied voters of such county, town or cii wishing a dispensary therein, being hie with the County Commissioners or tow or city council, respectively, they sba order an election submitting the ques lion of Dispensary or no Dispensary I the qualified voters of such county tow or city, and shall prescribe the rulei regulations, returns, ballots and notir of such election and shall declare tl result and if a majority of the ballo cast be found and declared to be for Dispensary, then a Dispensary may I established in said county town or clt Provided, That Dispensaries may 1 established in the Counties of Wllliau hnri* and Marion without such ele< tioo, in compliance with the other r< quirements of this Act: Provided, Thi nothing: in this Act contained shall t so construed as to prohibit persons re: ident in counties which shall elect I have no Dispensary from procuring 1 quois from Dispensaries in other coui ties, or County Dispensers from shi] ping same to their places of reside nc under proper labels or certificates. Sec.y. If the application for the pos uon or dispenser De granted ic sua ot issue uatil the applicant shall mal and subscribe an oath, before some of cer authorized by law to administi oaths, which shall be endorsed upc the bond to the effect and tenor, fo lowing: "I , do solemnly swei (or affirm) that I will well and tru perform all and singular the conditio) of the within bond, and keep aiid pe form the trusts confided in me to pu chase, keep and sell intoxicatii liquors. I will not sell give < furnish to any person any into re icating liquors otherwise than is projf vided by law, and especially I will cot sell or furnish intoxicating liquors to 30 any miner, Intoxicated person ~ or perie son3 who are in the habit of becoming _f intoxicated, and I will make true, full and accurate returns to the County Board of Control the first Monday of -e each month of all certificates and requests made to or receicedby me, as 11 required by law, during the preceding ft- month; and such returns shall show every sale and delivery of such liquors in made by me or for me during the ts month embraced therein, and the true " *?~ ro/iiioot ranoivprl nnrl Ill SigUtlbUlO IU CVCiJf >CIJ?< uu v. ? k granted; and such returns shall show )r all the liquors sold or delivered to any )V and every person as returned." Upon U taking said oath and filing bond as d hereinbefore provided, the County Board of Control shall issue to him a permit authorizing him to keep and 9 sell intoxicating liquors as in this Act 1* provided, and every pprmit so granted - shall specify the building, giving the Q street and number or location, in which :d intoxicating liquors may be sold by le virtue of the same, and the length of lr time in which the same shall be in iy force, which in no c;se shall exceed je twelve months. Permits granted under this Act shall be deemed trusts ree posed in the recipients thereof, not as a _ matter of right, but of confidence, and f may be revoked upon sufficient showJv ing by order of the County Board of )C Control; and upon the removal of any '? County Dispenser, or upon demand of )r the County Board of Control, he shall > immediately turn over to the County Board of Control all liquors and other - property in his possession belonging to )f the State or county. Said County :e Board of Control shail be charged witn ie the duty of prosecuting the County j. Dispenser, or any of his employees, j. who may violate any of the provisions )e of this Act. On the death, resignation or removal of a County Dispenser, or , expiration of his term of office, the . County Board 3hall appoint his succesy sor. T Sec. 10. The County Board of Control shall use as their office the office of jf the County Commissioners of their re1, spective counties, and the Clerk cf the it Board of County Commissioners shall j. serve as their clerk. They shall pre? serve, as part of the records and files r of their office, all petitions, bonds and ' other papers pertaining to the grant ing or revocation of permits, and keep 0 suitable books in which bonds and permits shall be recorded. The books "ft I "Virtll Krt fnrnloKo^ htT fho /?A11 T1 f.TT lilfA '** Oiiau UO lUlUlOUOU KfJ uuu vvuuuj ?1MW a other public records. The County .h Board of Control shall designate or 1- provide a suitable place in which to sell the liquors. The members of the a County Board of Control shall meet lc once a month, or oftener, on the call of l(j the chairman, and for their services a they shall each receive a per diem of e $2, and 5 cents mileage each way, and their clerk shall receive S2 per day for [ the days actually employed as such, but they shall not receive compensaot tion for more than thirty days in any 8> one year. They shall, upon the ap y proval of the State Board of Control, r- employ such assistants for the County >- Dispenser as mav be necessary. The -s Dispenser and his assistants shall red fifiiva auch comDensation as the State ;d Board of Control may determine. All of profits, after paying all expenses of the County Dispensary, shall be paid one!j Half to the County Treasury and onehalf to the municipal corporation in ^ which it may be located, such settle" ments to be made quarterly: Providtd ed, That if the authorities of any town -V or city which in the judgment of the >e State Hoard of Control do not enforce y this law, the State Board may withhold of the part going to the said town or city rs and use it to pay State constables. >r Sec. 11. Before selling or delive-ing 3f any intoxicating liquors to any person, a request must be presented to the [(j County Dispenser, printed or written v in ink, dated of the true date, stating _ that he or she is of age, and the residence of the signer for whom or whose u use the liquor Is required, the quantity II J or*A Kia ap her trim " auu aiuu ICIJUCOICU, auu uia vi uv?. vtuv ll name; and the request shall be signed 3 by toe applicant in bis own true name :s and signature, attested by the County i- Dispenser or his clerk, who receives and il files the request. But the request shall t, be refused If the County Dispenser filling it personally knows the person ap3r plying is a minor, that he is lntoxicated, or that he is in the habit of using r intoxicating liquors to an excess; or if the applicant is not so personally known to said County Dispenser, be' f fore tiling said order or delivering said 01 liquor he shall require identification and the statement of a reliable and :e trustworthy person of good character :h and habits, known personally to him, :>f that the applicant Is not a minor, and y 19 UUb 111 IU3 IiauiO UL lioiug lUbVAtuuwPe ing liquors to an excess. 5r Sec. 12. Requests for the purchase of liquor shall be made upon blanks fur* " nished by the County Auditor, in pack_ ages of 100 each, to the County Dlspen*7 sers, from time to time as the same 11 shall be needed, and shall be numbered consecutively by the Auditor. The s- blanks aforesaid shall be furnished to ta the County Auditor by the State Board g of Control, in uniform book like bank d checks, and the date of delivery shall i_ be endorsed by the County Auditor on n each book, and receipt taken therefor j and preserved in his office. The Dis n penser anan preserve me appnuawuu _ 1q the original form and book, except the filing of the blanks therein, until Z- returned to the County Auditor. When return thereof is made the County b Auditor shall endorse thereon the date lc of return, and file and preserve the o same to be used in the quarterly set >- tlements between such Dispenser and Ls the County Treasurer. All unused or n mutilated blanks shall be returned or i. accounted for before other blanks are ,y issued to such County Dispenser, id Sec. 13. On or before the tenth day of q each month each Dispenser shall make 11 full returns to the County Auditor of . all requests filled by him and his clerks ~ Hnrinar th? nrflftfidinir month, unon j1? blanks to be furnished by the State n Board of Control for that purpose, and accompany the samt; with an oath, duly 16 taken and subscribed before the Counie ty Auditor or a Notary Public, which Is shall be in the following form, to wit: a "I, , being duly sworn, state )e on oath that the requests for liquors ;y herewith returned are all that were re)? ceived and tilled at my place of busii ness under my permit during the c- month of , 189 ; that 1 have 3- carefully preserved the same, aad that it they were lilled up, signed and attested )e at the date shown thereon, as provided } by law; that said requests were lilled LU uy uenvtjnu^ IUO 4?iuuuiLy duu MUU UI i- liquors required, and that no liquors a- have been sold or dispensed under my p- permit during said month, except as :e shown bv the requests herewith returned, and that I nave faithfully obli served and complied with the proviill sions of my bond and oath taken by ce me, thereon endorsed, and with all the Q- laws relating to my duties 111 tue prerajr ises. ?n Sec. 14. Upon failure of any Dispen1 ser to make the returns to the Auditor ar as herein required, it shall be the duty ly of said Auditor to report such failure is to the Siate Board of Control, an l the ir- said .State .Board of Control shall imr mediately order the County Board to lg summons said delinquent dispenser to or appear before them and show cause x- why his permit should not be revoked and if the cause shall not be shown to i the satisfaction of the County Board i of Control, they shall immediately an- ] ul said permit and give public no- i tice thereof: and the Circuit Solicitor i shall proceed to enforce the penalties prescribed in tbls Act for such violation against said County Dispenser at the next succeeding term of court of the county in which such permit is held, and any Dispenser who shall sell or dispense any intoxicating liquors after his permit shall have been revoked shall, upon conviction thereof, be Qned not less than $300 and be imprisoned for six months. If any Dispenser or his clerk shall purchase any intoxicating liquors from any other person or persons except the State Commissioner, or if he or they, or any person or persons in his or their employ, or by his'or their direction, shall sell or offer for sale any liquors other than such as have been pur- : chased from the State Commissioner, i o^nlf-Qrofo nr r>QHQQ f* A hA flHlll v/JL ouaii auuxvo&auv vi. vwmww ?v vw ^.v. ? ated, any Intoxicating, spirituous or malt liquors which he or they may keep for sale under this Act, by mixing with the same coloring matter of any drug or ingredient whatever, or shali i mix the same with other liquors of different kind of quality, or with water, or shall sell or expose for sale such liquors so adulterated, knowing it to be such, or shall change the label upon *any box, bottle or package, he or they shall be guilty of a misdemeanor and be fined in a sum of not less than $200 or imprisonment for not less than i six months. < Sec. 15. .No person,firm association or corporation shall manufacture for sale. sen or Keep ior aaie, oAuuaugc, uanoi, or dispense any liquors containing al- i cotroi, for any purpose whatever,otherwise than as provided in this Act. i Dispensers as herein provided shall i alone be authorized to sell and dispense such liquors, and all permits < must be procured as herein provided from the County Board of Control: . Provided, That the manufactures of i distilled, malt or vinous liquors, who 1 are doing business in the State, shall 1 be allowed to sell to no person in this i State, except the State Commissioner, < and to parties outside the State,and the i State Commissioner shall purchase his < supplies from brewers and distillers in < this State, where their product reaches : the standard required by this Act: i Provided, Such supplies can be pur- I chased as cheaply there as elsewhere. < Every package, barrel,or bottle of such i liquors shipped beyond the limits or this State shall have thereon the certificate of the State Commissioner allowing the same, otherwise it shall be liable to confiscation, and the railroad carrying it shall be punished as in Section 3. And provided, That any person shall have the right to make wine for his or her own use from grapes or other fruits. Sec. 16. Every Dispenser shall keep a strict account of all liquors received by him from the State Commissioner, in a book kept for that purpose, which shall be subject at all times to the inspection of the Circuit Solicitor, any peace officer or grand juror of the county, or of any citizen, and such book shall show the amount and kind of liquors procured, tne date of receipt and amount sold, and the amount on hand of each kind for each month. Such book shall be produced by the party keeping the same, to be used as evidence on trial of any prosecution against him, on notice duly served that the same will be required as evidence. 17 Thfl navmflnt of the United States special tax as a liquor seller, or j notice of any kind in any place of resort, or in any store or shop, Indicating j chat alcoholic liquors are there sola, . kept or giveu away, shall be held to be prima facie evidence that the person or persons paying said tax and the parties displaying such notices are acting in violation of this Act, and ' unless said person or parties are selling under permit as prescribed by this Act they shall De punished by a fine ' not exceeding 81U0 or imprisonment 1 not more than thirty days. ' Sec. 18. Licensed druggists conduct- : ing drug stores and manufactures of , proprietary medicines are hereby an- J ihorized tj purchase of Dispensers of the counties of their residence intoxl- . eating liquors (not inlcuding malt) , for the purpose of compounding medi- . cines, tinctures and extracts that cannot be used as a beverage. The Dispensers shall not charge such licensed druggist more than ten per cent, net profit for liquors so sold. Such purchaser shall keep a record of the uses to which the same are devoted, giving the kind and quantity so used, and quarterly they shall make and file with the County Auditor and with the County Board of Control sworn reports, giving a full and true statement of the quantity and kinds of such liquors purchased and used, the uses to which the same have been devoted, and giving the name of the Dispenser from whom the same was purchased, and the dates and quantities so purchased, together with an invoice of each kind still in stock and kept for such compoundings. If said licensed druggists shall sell, barter,give away or exchange or any manner dispose of said liquors I or ally puipuao UUUCl uuou (tuuaviiuuu ? by this SectioD, he shall upon conylc- f tion forfeit his license and be liable to ( all penalties, prosecutions and proceed* i inga at law and in equity provided B against persons selling without permit. _ and upon such conviction the Clerk of * the Court shall, within ten days after such Judgment or order, transmit to the Board of Pharmaceutical Examin- 1 ers the certified record thereof, upon ? receipt of such the said Board shall J strike the name of the said druggist J from the list of pharmacists and re- J voke his certificate: Provided, That 1 nothing herein contained shall be con- 1 atrued to authorize the manufacture or sale of any preparation or compound c under any name, form or device,which 4 may be used as a beverage which is in- J toxicatinfr in its character. And, pro- 1 Tided, further, That the State Commis- ? siouer shaii be authorized to sell .to I manufacturing chemists and wholesale druggists alcohol by the barrel at cost. 1 Sec. 19. If any person shall make any I false or fictitious signature,or sign any 1 name other thau his or her own to any ? paper required to be signed by this ? Act; without being authorized so to do, ( or make any false statement in any t paper, request or application signed to 1 procure liquord under this Act, the 1 person so offending shall be guilty of a 1 misdemeanor, and upon conviction 1 therefor shall be punished by a line of ' not more than $25 or be imprisoned 1 not more than thirty days. ' Sec. 20IL" any Dispensary, or his clerk ) shall make false oath touching any > matter required to be sworn to under 1 the provisions of this Act, the person * so offending shall, upon conviction, be ] punished by law for perjury. If any Coantv Dispeaser shall purchase or ' procure any intcTrtir.;? liquors from other person than the State Oommision- ' er, or make any false return to the : County Auditor, or use any request for liquors for more than one sale, in any 1 such case he shall be deemed guilty of a misdemeanor, and upon conviction be * * <* - a flPArt mi^r punisnea uy a une ul oouu ,ui nu months imprisonment. Sec, 21. Every person who shall directly or indirectly Keep or maintain, bv himself or by associating or combiDing with others or who shall In any< I * manner aid assist or abet in beeping or maintaining any club room or other place in which aoy intoxicating liquors are received or kept for use barter or jaleaa a beverage or for distribution or division among the members of any Jlub of association by any means what3ver, ana every person who shall recelye barter, sell, assist or abet another in receiving, bartering or selling any al-, joholic liquors so received or kept Khali be deemed guilty of a misdemeinor. and unon conviction thereof shall be punished" by a fine not to exceed one hundred dollars or thirty days imprison ment: Provided, that the State Board 5f Control shall have the power, showing and under such rules as they may adopt, to exempt hotels where tourists or nealth-seekers resort, from being considered nuisances or as violating this Act by reason of any manager of auch hotels dispensing liquors bought from the Dispensary, by the bottle, either night or day, among the bona fide guests of such hotel; but before any such exemption shall be granted the State Board of Control shall require the manager of such hotel to give a good and sufficient bond in the penal sum of three thousand dollars, conditioned for the observance of all the rules regulations and restrictions prescribed and imposed by the said board and" with all the requirements of this Act; and it shall be lawful for any constable or officer thus empowered under this Act to enter such hotel and search it at any time, day or night, without a warrant for contraband liquors. Sec. 22. All places were alcoholic Unnnra ono onM Kopfora/1 Af tt\ T7AH Q.OT9.V UVJUUIO Ol? OU1U, uui.ww vi B. . WW. J In violation of the Act, or where persona are permitted to resort for the purpose of drinking alcoholic liquors as a beverage, of wh6re alcoholic liquors are kept for sale, barter or delivery in violation of this Act, are hereby declared to be common nuisances, and any person may go before any Trial Justice in the County and swears out and arrest warrant, on personal knowledge or on Information and belief, charging said nuisance, giving the names of witnesses against the keeper or manager of such place and his aids and assistants, if any, and such Trial Justice shall direct such arrest warrant either to the Sheriffrof the county or to any special constable, commanding said defendant to be arrested ana brought before him to be deal.t with according to law, and at the same time shall issue a search warrant, in which the premises in question shall be particularly described, commanding such Sheriff or constable to thoroughly search the premises and to seize all alcoholic llquor3 found thereon, and dispose of them as provided in section 33, and shall also seize all vessels, bar fixtures, screens, bottles, glasses and apDurtenances apparently used or suit* able for use In retailing liquors, to make a complete inventory thereat, and deposit the same with the Sheriff. That under the arrest warrant the defendant shall be arrested and brought before such Trial Justice and the case shall be disposed of as in case of other crimes beyond his jurisdiction, except that when he commits or binds over the parties for trial to the next term of tbe Court of General Sessions for the county he shall make out ?very paper in the case in duplicate and file DQe copy of the proceedings with the Ulerk of tbe Court for the :ounty and immediately transmit the other copy to the Solicitor of the circuit whereupon said Solicitor shall at once apply to theCircuit Judge at Chambers whitin tbat circuit, for at order restraining the desendants, their servants or agents from keeping, receiving bartering, selling or giving any alcoholic liquors until the further order of the court. Such Circuit Jud<e Is hereby authorized, empowered and required to grant the said restraining order without requiring a bond or undertaking upon the hearing or receipt by him 3f said papers from t;&e saia inai j as nc by the hands of the Solicitor; and any riolatio a of said restraining order before the trial of Xhe case shall be deem3d a contempt of court and punished as such by said judfle or court, as for the violation of an order of injunction. Upon conviction of said defendants of maintaining said nuisance at the trail they or any ofthem shall be deemed guilty of a misdemeanai*, punishable ay Imprisonment in the State Penitantiaryfora term of not less than three months, or a Que of not les3 thau two hundred dollars, or by botb, in the liscreatlon of the court, and the restra,ning order shall be made perpetual, rhe articles covered by the inventory, arhich were retained by the Sheriff, shall be forfeited to the State and sold ind the net proceeds sent to the State ZJommlaaioner," and the Sheriff shall forthwith procceedto dispose of the ilcoholic liquors covered by the inven;ory as provided for in this Act as xrhan nfhap Hn nnrq arA HPl'zad? Thfi IfUVU VVUVt ??? ? lading of sued alcoholic liquors on inch premises, with satisfactory aviience that tbe same was being disposed of country to this Act, shall be >riama facie evidence of the nuisance somplained of. Liquors seized as here nbefore provided and the vessels conaining them, shall not be taken from ;he custody of the officers in possession >f the same by any writ of replevin or ther process while the proceedings lerein provided are pending. No suit ihall lie for damages alleged to arise by leizure and detention of liquors under .his Act. S9C. 23 Any parson violating the ;erms anyrestralning order granted in inch proceeding shall be punished foi ;ontempt by a fine of not less than two lundred dollars nor more than one ihousand dollars, and by imprisonment n the State Penitentiary not leas than llnety days nor more than one year. . Jl IQ contempt pruceeuinga QLioiu^ uuu >f the voration of any injunction granted under the provision ot' this let, the court, or, in vacation the fudge thereof, shall have power to lummartly and punish the party or parties guilty, as required by law. The affidavits upon which the attachnent for contempt issue sh*ll make a Jrima facie case for the State. The iccused may plead in the same manner is to an indictment in so far as the lame is applicable. Evidence may be >ral or in the form of affidavits, or both ;he defendant may be required to m-ike inswers to interrogatories, either wrlt?n or oral, as in the court or Judge nay seem proper; the defendant shall lot necessarily be discharged upon lis denial of the fact stated in the noving papers. The Uleik of the Court shall, upon the application of either party, issue subpoenas for witnesses, *nd except as above set forth the practice ia sucn couwupi/ piutoEuia^g shall conform as nearly as may to the practice in the Court of Common Pleas The State Commissioner, under rules and regulations provided by the State Board of Control, may enter into contracts with responsible grape growers In this State for the sale of domestic wines through the Dispensary, so as to encourage grape growing in this State, and in furtherance of this object not more than ten per cent, proflt to the Dispensary over the expenses of bottling, labeling, freightage, etc., shall be charged for tbe handling of such wines. The manager of every registered distillery ot liquor in tnis 'State shall re port quarterly to the State Commis sioner, showing the number of gallons of each kind of liquor on hand, manu factored or disposed of daring the quarter, and if the said report fail to correspond with the return of said distillery to the United States Internal Revenue Collector for this State, or it is shown th<it said manager has disposed of liquor contrary to this Act, said distillery shall be deemed to be a common nuisance, and the said manager and his adders and assistants and tbe premises shall be proceeded against as in this Act provided as to places where liquors are sold contrary to this Act. Sec. 24. In all cases of pUcd3 where liquors are unlawfully kept or stored, the same not being in an open housa or exposed to view, and a search being necessary, upon affidavit to that effect or on information and belief that contraband liquor is in such place,a search warrant snail be issued by a Justice, Judge or Trial Justice, or Mayor or Intendaat of a city or town, to whom i application Is made,empowering a con- i staole, or any person who may b9 deputized, to enter the said place by day time or in the night time and to search i and examine the said premises for the i purpose of seizing the ?aid contraband i liquors therein concealed, kept or i stored, which said liquor when so seized shall be disposed of as hereinafter provided. % < Sec. 25. That any of the liquors set forth in Section one (1) of this Act, which are contraband may be seized i and taken without warrant by any State constable, sheriff or policeman, while in transit or after arrival,whether in possession of a common carrier, depot agent, express agent, private person, firm, corporation or association, i r*r%A wnnnrhnH fA fhfl Sfof fl P.Am miaai An* < auu l cpui UCU uv VUU uvuvu WiuiMkuuAwuer at once, who shall dispose of tbe i same as hereinafter provided: Frovi- I ded: That liquors purchased ontside the State, owned and conveyed as personal baggage, shall be exempt from seizure when tho quantity does not exceed one gallon. , Sec. 26. That the possession of said illicit liquors is hereby prohibited and declared unlawful, and any obligation, note or indebtedness contracted in their sale or transportation is declared to be absolutely null and void, nor shall any action or suit for the recovery of the same be entertained in any court in this State. Sec. 27. That the proceeding against liquor so illegally kept, Btored, sold, delivered, transported or being transported, shall be considered a proceeding in rem, unless otherwise herein provided elsewhere than at his cr her residence. Sec. 28. That the carriage, transportation, possession, removal, sale, delivery or acceptance of any of the fiaid liquors or liquids in any package,cask, jug, box or other package, under any other than the proper name or brand known to the trade as designating the kind and quality of tbe contents of the casks, packages or boxes containing the same, or causing such removal, accept ? * 1^1 n rm infA nAO. ailUtJ, trttUSpULUIblUU) uaniug lUbV j/wosession, or any such delivery, shall work the forfeiture of said liquors or liquid and casks or packages, and the person or persons so ofTending.knowingly, be subject to pay a fine of not more than five hundred dollars or imprisonment for the term of not longer than six months, and the wrongful name, address, mark, stamp or style on such liquor when seized shall be considered evidence prima facie of guilt The books and waybills of the common carrier may be examined to trace said 11 quor to the shipper, who shalL be liable, upon conviction, in a like penalty. Sec. 29. That all Constables, Deputy Constables, Sheriffs or Municipal policemen, shall have the right, power and authority, and it shall be their duty, whenever they are informed or sus pecc IL1UL auy 8UCL1 BUauiuiuua in possession of a oomoaon carrier contains alcoholic liquors or liquids, to detain the same for examination for the term of twenty-four hours without any warrant or process whatever. Sec. 30. That any interference by any person with obstruction or resistance of, or abusive language to any officer or person in the discharge of the duties herein enjoined or the U3e of abusive language by any such officer or person to any other person or persons shall, upon conviction, be deemed guilty of a misdemeanor and be punishable by a fine of not moire than one hundred dollars or Imprisonment for tbe term of not more than thirty days. Sec. 31. In all cases of seizure of any onnrla nrorao nr m PTV?h AnrflgA hprpRf f.Pr guyuo j ntaioo v& M*vkWkj.MMMMn,w or heretofore male, as being subject to forfeitu re under any provision of this Act or the former Act, which, in the opinion of the officer or person making the seizure are of the appraised value of fifty dollars or more, the said officer or person shall proceed as follows: First. He shall cause a list containing a particular description ot the goods, wares or merchandise seized to be pre* pared in duplicate and appraisoraent thereof to be made by three sworn appraisers, to bs selected by him, who shall be respectable and disinterested citizens of the State of South Carolina residing within the county wherein the seizure wa3 made. Said list and appraisement shall be properly attested by the said officer or person and the appraisers, for which ser/lce each of the said appraisers shall be allowed the sum of one dollar to be paid by the State Commissioner. Second. If the said goods are believed fho niViPur mntrinor t.hfl aniznrna to he *->J UUV V1UUU1. of Jess value than ttfty dollars, no appraisement shall be made. The said officer or person shall proceed to publish a notice for three weeks,in writing at three places In the county where the seizure was made, describing the articles and stating the time and plaoe and cause of their seizure, and requiring any person claiming them to appear and make such claim within thirty days from the date of the flrst publication of such notice. Third. Any person claiming the liquors so seized as contraband, and the vessels containing the same, within the time specified in the notice, may fllo with the 'State Commissioners a claim stating his interest in the articles seized, and may execute a bond to the State Commissioner in the penal sum of five hundred dollars, with sureties to be approved by the saifl State Commissioner, conditioned that in the case of cjndemnation of the articles so seizei the obligors shall pay all the costs and expenses of the proceedings < to obtain such condemnation; and upon the delivery of such bonds to the State Commissioner he shall transmit the same with the duplicate list or description of the goods sei/9d to the Solicitor of the circuit in which such seizure ' was made, and said Solicitor shall pros ? i- *- ???? nntiinu ma f ?i*Faifn pa t2CU.Lt3 LL1 tJ UcldO tu aouuic iuo iu;i.oivuiw of saii contraband liqaor3 or liquids i iu the court having j urisdiction. i Fourth. If no claim is interposed and no bond given within the time i above specified, such liquors shall be forfeited without further proceedings, and the State Commissioner shall have the said liquors tested by the S'.ate i Chemist, and if pure shallsell the same i tnrough the State Dispensary as i though purchased by him. If not ' pure, he snail sell the same beyond the < State and deposit the proceeds to th? credit or tne oiatu i/umuiigoiuuoi, < Provided, That In seizures in quantities less in value thau ilfty dollars of such illicit liquor, or liquors, the same may be advertised, with other quantities, at Colambfa by the State Commissioner and disposed of as hereinbefore # provided: Provided farther, That the claimant of such liquors may give bond in one hundred dollars as when the value is fifty dollars or over, and shall bear the burden of showing before a Trial Justice that he has complied with the law and that the liquors Is not liahi A f/l QP17I11*0 Sec. 32. That all fermented, distilled or other liquors or liquids containing alcohol, transported Into this State or remaining herein for use, sale, consumption, storage or other disposition shall, upon introduction and arrival In this State, be subject to the operation and effect of this law to the same extent and in the same manner as though such liquors or liquids had been produced in this State. Sec. 33. That no person, except as proved by this Act, shall bring Into this State, or transport from place to place within this State, by wagon, cart, or other vehicle, or by any other means or mode of carriage, any liquor or liqaids containing alcohol, under a penalty of 8100 or imprisonment for thirty days, for each offense upon conviction thereof, as for a misdemeanor. Any servant, agent or employee of any persons, corporation or associations, doing business in this State as common carrier, or any person whatever, (except an officer seizing or examining the same) who shall remove any intoxicating liquors from any railroad car, vessel or other vehicle of transportation at any place other than the usual and estab llshed stations, wharves, aepoa or places of business of such common carriers within some city or town where there is a Dispensary, and thee only for such Dispensary, or who sh9ll aid In or' consent to sach removal, shall upon conviction Ue subject to a penalty of $50 or Imprisonment for thirty days for every offense: Provided, That said penalty shall not apply to any liquor in transit when changed from car ' "4 to car to facilitate transportation across the State: Provided, That this section does not apply to liquors purchased from a Dispensary and bearing the proper label or certificate. All liquors in this State, except Dispensary liquors and ttiose passing through consigned to points beyond, shall be deemed contraband and may be seized /i in transit without warrant. And any steamboat, sailing vessel, railroad, express company or other common carrier transporting or bringing into this State for sale or usa tnerelo, except by the Dispensary, shall suffer a penalty of $500 and cos:* for each offense, to be recovered by the Solicitor of the Circuit Court, or the Attorney General, by an action brought therefor In any court of competent jurisdiction. The State constables, Sheriffs, municipal police or any lawful constable may enter any railroad car, or express car, or depot, or steamboat, or other vessel, without warrant and make search for such contraband liquors, and may ex- . amine the way bills and freight books of said common carriers, and any one interfering with or resisting such offi- . ; j cer shall be punished by a fine not exceeding $100 or imprisonment not Ion* ger than thirty days. Sec. 34. That any person detected openly violating any of the provisions * of this Act shall be liable to arrest without warrant, provided a warrant shall be procured within a reasonable | time thereafter. . Sec. 35. That violations of any of the sections of this Act, where punishment upon conviction is not especially provided for, the person or persons or corporation so convicted shall be punished g in the discretion of the court trying the same. All alcoholic liquors, other than domestic wine, and in quantity moro than five gallons, which do not have on the packages in which they are contained the labels and certificates going to show that they have been pur- ' chased from a State officer authorized tn noii thom arfl harflhv declared con traband, and on seizure will be forfeit- ? -3 ed to the State as provided in Section 31; Provided, That this section shall not apply to liquor held by the owners of registered stills. Persons having more than five gallons of llqnor else* where than at his or her home, which. they wish to keep for their own use, may throw the protection of the law around the same by furnishing an inventory of the quantity and kinds to the State Commissioner, and applying for certificates to affix thereto. After sixty days from the approval of this Act any liquor found in the State not having such certificates may be seized ana connscatea. rereuus uaviug uiv? thaa they wish to use may obtain certificates to ship beyond the limits of the State. Any person affixing, or causing to be affixed, to any package containing alcoholic liquor any imitatlon stamp or other prlnced or engraved label or device than those furnished by the State Commissioner shall for each vj offense be liable to a penalty of ten days' imprisonment or $25 fine. Sec. 36. Every person who disposseses or rescues from a constable or other ? officer, or attempts so to do, any alco* holic liquor taken or detained by such officer charged with the enforcement j of this law, shall, upon conviction be \ imprisoned thirty days or pay a fine of $100. Sec. 37. Any person handling contra1 " - f itvta AH lTr_ < Dcillti liquor ill tuc iii^no uiuo u& vivtiv- i ering the same, shall bejjuilty of a misdemeanor, and on conviction, shall be punished by imprisonment for fa thirty days or 310? fine. fj Sec. 38. Any wagon, cart, boat or other conveyance transporting contraband liquor at night other than regular passenger or freight steamers and railway car, shall be liable to seizure and confiscation; and to that end the officer shall cause the same to be appraised by jl. three disinterested citizens, and unless recovered by claim and delivery proceedings and suitable bond, shall be ad- * vflrf.ifled and sold and Droceeds sent to the State Commissioner. . Sec. 39. Every Dispenser, when he sells a package containing liquor shall put a cross mark in ink on the label or certilicate thereon, extending from the top to the bottom and from side to side. When any liquor is seized be- cause it has not the necessary certificates and lables required by this Act, the burden of proof shall be upon the claimant of said spirits to show that no fraud has been committed and that the whiskey is not contraband. Sec. 40. That any railroad, steamboat express company or other common car*- ?I rier shall Incur a penalty or ireoie tue invoice price of any alcoholic liquors tost or stoleo In transit to or from the Dispensary, whetner shipped as released or not, such panalty to be recovered by action in any court of competent jurisdiction. JSec. 41. That it shall b9 unlawful for 1 any person to take or to solicit orders 1 or to receive money from other persons for the purchase or shipment of any ? alcoholic liquors for or to such other persons in this State, except for liquors to be purchased and shipped from the Dispensary, and any person violating this section upon conviction, Bhall be ri of o m i or! urn Ban nr 9nH 4COUICU gU.IA.UJ U1 U LU?U^4U4MVMUVk) MUV. shall be punished by imprisonment not to exceed thirty days or by a tine not to ' 1 exceeds 100. n Sec. 42. it shall be the duty of Sheriffs, deputy sheriffs and constables having notice of the violation of any of [CONTINUED ON PAGE FOUR.] A