Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

( 1' IX ~MANNING~ S. C.~ -IYLAW. At -BEEN MADE IN T #,any Polkts The Law 8trtiU'~___ 7.jnvFha Its MXhs Will U Get Through Provisn for E -e Dispen n Act to e Law in Refer ence to and . ulate the Use, Sale, Consu- , Transportation and Disposi - Alcoholic Liquids or Liquors Wi the State of South Carolina, and lice the Same. Section 1. Be - acted by the Senate and House of entatives of the State of Sboutu ina, now met and sitting in ben ssembly, and by the authority of the e: That the manu acture, sale, r or exchange, re-. - ipt, acceptan delivery, stor& and eping in poa~sion, within thistate, any spirittous. malt, vinous, fer ied, brewg (whether lager or rice rs or any compound Smixtare. the. , - whatever name Slled or known, which contaius alchol :ipd is used as a beverage by any per Du, firm or corporation; the transpor removal, the taking from the depot or other place by congsignee or other person or the payment of freight -or express or other charges by any per -son, firm, association or corporation upon any spirituous, taalt, vinous, fer mented, brewed (whether lager, rice or other beer) or other liquor or any com pound mixture thereof. by whatever ulame called or known, which contains alcohol and is used as a beverage, ex pt a is hereafter. provided, is hereby rohibited under a penalty of thirty days prisonment or one hundred dollars ine each ofiense. - All such liquors, ex t when bought from a State officer thorized to sell the same or in posses of one, are declared to be contraband against the morals, good health and tyof the State apd maybe seized ver found .without warrant and ed over to the State Commissioner. 2. 'he Governor, the Attorney and the Comptroller General ex officio, constitute a State Board 1 to carry out the provisions o ct. 8 That the Governor shall, at S onof the term of the present and at the expiration 01 thereatter, appoint a er, A~ ppointment shall S ttedto the neat its next r its apprOva; said Commis be belineved by the Governor abstainer from intoxicants, jul, under such Wules and regula may be mie by the State E Control,P e all intoxicat flqdrs for law! e in this State, - the same uch persons as bydesignated as pensers thereof, old as hereaa escribed in this idCr shall reside, 64,bate his pes, i the _otColumbi; ate, and hold appointment painted in his A He-Aball to removal of Control. aball qualfy commissioned as fficers, and re of 03,000, pay ablt and in the same nsner as is the payment of the salanes of-18I efficers. He aball be allowcda~nnkeper, who shall be paid in the samemiflner a salary of 1,200, and auch other assistants as in the opinion of the Bdd Control may -badeeniednnezy~lHerahall not sell tothe County Iispensinstny intoxicat og or termented lignors,except such as tive been tested by the-chimist of the Louth Carolina.College and declared to -be pure: Provided,. That-said State B~oard of Control shallhave-anthority to appoint such assigtantsas theyanay find a vecasary to-assist the Seant'tCarolina College i maklxg the anaksierequired by this Act, and the said -Board cf Coo trol may firsneh rew rahkoo' u : ion, if any, as they da ta t..t th - 1services rendered by seen caemiat or each assisanits; The State Commis aioner shah depcsitai amountsareceived by him from sales to County Dispensers er others withttue Treasuer ofthe State .sinder such rules as may be made by the State Baard of Control to insure the faithful return of the same, andtheState -Treasurer shall keep a separate aecount with said fund from which the Comnmis aloner shall draw from time to time, upon warrants ouily approved by the chairman of said Board, the amounts necessary to pay the expenses mecurred -nconducting the business. -All rufes ad regulations governing said Commnli sinner in she purchae of intoxicating -biqors, or m the-performance of any of the duties of his offce where the same. are not provided for by law, shall be prescribed by the State Board of Con trol. He shall, before entering upon the duties of his offce, execute a bond to the State Treasurer, with sufficient sure ties, to be approved by the Attorney General, in the penal sum of ten thous and doliars ($10,000) for the faithitA performanee of the duties of his cffiree. In all purchases or sales of intoxicating liquors made by said Commissioner as contemplated in this Act, the Comimis sloner shall cause a certifieste to be attached to each bnd every package cotiigsaid liquers when the samneis -pd to him from the place of pur or by h.im to the County Dispen certified by his official siguature cal, which certificate shall state 'or contained in said package en purchased by him for sale teState of South Carolina, er *pped out of the State under the fsaid State; and without such any packagecontainin-gliquors shall be shipped -out the State, from place to place within tor delivered to the consignee railroad, -express company or mon carrier, or be'found in the ion of any common carrier, shall ed as contraband and may be iout warrant for confiscation, common carrier shall be liable ty of five hundred dollars for ee, to be recovered against oncarrier in any court of nt jurisdiction by summons and tprcceedings to be instituted icitor of any circuit with whom may be'lodged by any officer or having knowledge or intorma the violation, and any person at or using such certificate, with authority o? the Commissioner, counterfeit certificate for the of securing the transportation intoxicating l'iuors out of or this State in violation of law, pnconviction thereof be pua 'a hue of not less than five hun lrs and imprisonment in the tayfor not less than one year offense. Said Commissioner shall mak oath, of all liquors sold by him, enumere ating the different kinds and quantity of each kind, the price paid and the terms of payment, and to whom sold. Also the names cf the parties from whomi the liquor was purchaeed, and their place of business and date of purchase, which statement shall be filed with the State Board of Control. Sec. 5. The State Commissioner shall before shiDping any liquors to Dispen sers, except lager beer, cause the same to be put into packages of not less than one half pint nor more than five gallons and securely seal the same, and it shall be unlawful for the Dispenser to break any such package 0i open the same for any reason whatever. He snall sell by the package only, and to person shall open the same on premises: Providea, This section snall not apply to malt lq uors shipped in cases, or bottles there of shipped in barrels, and such malt liq uors may be sold by the County Dis penser in such quantities of not less than one pint as he may see proper: Provided The same shall not be drunk on the premises. Dispensers shall open their places of business and sell only in day time, under such rules as may be made by tb State board of Control. Sec. 6. It shall be the duty of the State Board of Control to appoint a County Board of Control, composed of three persons believed by said Board not to De addicted to the use of intoxicating liquors, who shall hold their offices toi a term of two years, and until their suc ceseors are appointed. Sa'd County Board of Control shall be subject to re moval for cause by the State Board cf Control. S.iid County Board shall make such rules as will be conducive to the best Tianagement of the sale of intoxi cating hquor in their respective coun ties: Provided, All such rules shall be submitted to the State Board and ap proved by them before adoption. Said County Board of Control shall qualify and be commissionedas are other county officer, without fees therefor. Sec. 7. Applications for position of County Lispener shall be by petition, signed and sworn to by the applicant and filed with the County Board of Con trol at least ten days before the meeting at which the application is to be consid ered. which petition shall state the ap Wlicants name, place of residence, in what business engaged, and in what business he has engaged in two years previous to filing petition; that he Is a citizen of the United- States and South Carolina; that he has never been ad judged guilty of violating the law relat ing to intoxicating liEnors, and is not a keeper of a restaurant or place of public amusement, and that he is not addicted to the use of intoxicating liquors as a beverage. This permit or renewal there of shall issue only on condition that the applicant shall execute to the County Treasurer a bond in the penal sum of $300, with good and sufficient sureties, conditioned that he will well and truly obey the laws of the State.of South Car olina, now or hereafter in force, in re lation to the sale of intoxicating hquors that he will pay all fines, penalties, damages and costs that may be-assessed or recorded against him for violation of such laws during the term for which said permit or renewal is granted, and will not sell intoxicating liquors under his permit at a price other than that fixed by State Board of Control. Said bond shall be for the use of the county or any person or persons who may be damaged or injured by reason of any violation on the part of the obligor of the law relating to intoxicating liquors purchased or sold during the term for which said permit or the renewal thereof is gran'ed. The said bond shall be de posited with tne County Treasurer, and ssit thereon shall be brought at any time by the Solicitor or any personIor whose benefit the same is given; ajd in case the conditions thereof, or aijy of them, shall be violated, the principal and sureties thereon shall also be imtly and se~ erally liable for all civil damages costs and judgments that may be ob tained against the principal in any civil action brought by wife, child, parent, gurdian, employe: or other person un der the provision of the law. All other monei s collected for breaches of such bond shall go into the County Treasury. Said bond shall be approv~ed by the County Board of Control under the rules and laws applicable to the approval of official bonds. Sec. 8. There may be one or more County Diapensers appointed for each county, the place of business of each of whom shall be designated by the County Board, but the State Board must give consent before more than one Dispenser can be appointed in any county; and wen the Coanty Board designates a Iceuthty for a Dispensacy ~ten days pub lic notice of which shall be given it shall be competent for a majority of-the vot ers of the township in which suchi Dis pensary isto be located to prevent its location in such township by signing petitioins addressed to the Coun' y Boird requesting that no Dispensary be es tabisbed in that township, whereupon Some other place may be designated. (The County Board may in its d'scretion locate a Dispensary elsewhere than in an incorporated town, in the Counties ot Beaufort and Horry and no others.): Frovided, howevei-,, That any county, town or city wherein the sale of alcoholic liquors was prohibited by law prior to July 1st, 1893, may secure the estab hament of a Dispensary within its borders in the following manner: Upon petition signed by one rourth the quahi fied voters ofi such county, town or city wishinga dispensary therein, being filed with the County Commissioners or town or city couneil, respectively, they shall order an election submitting the ques tion of Dispensary or no Dispensary to tte qualified voters of such county town or city,siid shall prescribe the rules. regulations, returns, ballots and notice of such election and shall declare the result and if a majority of the ballots cast be found and declared to be for a Dispensary, then a Dispensary may _be established In said county town or city Provided, That Dispensa5ries may be established in the Counties of William burg and Marion without such elec tion, in complianice with the other re quirements of this Act: Provided, That nothing in this Act contained shall be 5o construed as to prohibit persons res - ident in counties which shall elect to have no Dispensary from procuring 11 quo1s from Dispensaries in other coun ties, or County Dispensers from ship ping same to their pl-aces of reside uce uner proper labels or certificates. Sec.95.If the applization for the posi ti on of Dispenser be granted it shall not Issue until the applicant shall make and subscribe an oath, before some oUli cer authorized by law to administer oaths, which shall be endorsed upon the bond to the effect and tenor, fol lowing: "I -, do solemnly swear (or affirm) that I will well and truly perform all and singular the conditions1 of the within bond, and keep and per form the trusts confided in mato pur chase, keep and sell intoxicating liquors. I will not sell give or icating liquors otherwie than is pro vided by law, and espeelly I will not sell or furnish intoxictin- liquors tc any minor, intoxicated person or per sons who are in the hait of becoming intoxicated, and I will nake true. ful and accurate returns:o the County Board of Cntrol the rst Monday of each month of all cerLicates and re quests made to or rectred by me, a required by law, duriuj the preceding month; and such retirms shall show every sale and deliveryof such liquors made by me or for me during th month embraced thereb,. atd the truIE signature to every reqltst eceived and granted; and such retirns shall sacw all the liquors sold or leligered to any and every person as reurled." Upot ta ing said oath and fling bond a. hereinbefore provided, ;he County Board of Control shall isue to him a permit authorizing himto keep and sell intoxicatingr liquors a in this Ac provided, and ivery perm; s. grantet shall specify the buildin; givisg the street and n umt er or locaon, in whict intoxicating liquors mat be sold b: virtue of the same, and le length o time in which the sam shall be ic force, which in no cise ihali exceed twelve months. Permitsranted un der this Act shall be deemd trusts re posed in the recipients theof, not as a matter of right, but of cofidence, an may be revoked upon suicient show ing by order of the Couty Board o: Control; and upon the reioval of any County Dispenser, or upo demand o: the County Board (it Corrol, he shal. immediately turn over ) the Count: ,Board oF Control all liques and oth-e property i his posseesio:belongzing t< the State or county. saia County Board of Control sbail beharged witt the duty of prosecutic the Count: Dispenser, or any of is employees who may violate any of ie provision of this Act. On the deal, resignatio or removal of a County Dispenser, o expiration of his termof office, th County Board shall apptnt his succes sor. Sec. 10. The County ;ard of Con trol shall use as their otte the offlice o the County Commissiorrs of their re spective counties, and te Clerk cf th Board of County Comnssioners shal serve as their clerk. 'hey shall pre serve, as part cf the reords and lile of their office, all petities, bonds and other papers pertaininto the grant ing or revocation of penits, and keel suitable books in whicbtonds and per mits shall be recorde. The book, shall be furnished by ie county lik( other public records! The Count: Board of Control sha designate o: provide a suitable plae in which t sell theliquors. The mmbers of th( County Board of 1,ontal shall mee once a month, or often, on the call o: the chairman, and fortheir servicec they shall each receivea per diem o: $2, and 5 cents mileageeach way, an< their clerk shall recelv62 per day fo: the days actually emloyed as such Dut they shall not recive compensa Lion for more than thin' days in an: one year. They shall upon the ap proval of the State Bard of Control employ such assistantfor the Count: Dispenser as may benecessary. Th( Dispenser and his asstants saall re eive such compensatin as the Stati Board Qf Control uayletermine. Al profits, after paying al expenses of tht County Dispensary, sill be paid one half to the County Tiasury and one half to the municipalcurporation i which it may be locad, sucn settle ments to be made qurterly: Provid ed, That if the authoities of any towl or city which in the udgment of th State Board of Contro do -not enforec this law, the State Boad may withbolt the part going to the aid town or city and use it to pay Stateonstables. Sec. 11. Before sellig or deliverini any intoxicating ligg~os to any person a request, must be pesented to the County Dispenser, prited or writtel in ink, dated of the tne date, stati that he or she is of age and the resi dence of the signer for Thom or whosi use the liquor is requnI, the quantit: and kind requested, anthis or ner true name; and the requestihall be signe( by tne applicant in his 'wn tine nami and signature, attested)>; the Count: Dispenser or his clerk, w~o receives an< files the request. But tfe re quest sflal be ref used if the Countj2)ispenser fill ing it personally knows he pers ,n up plying is a minor, that h is intoxicat ed, or that he is in the. abit of uaint intcxicating liquors to a excess; or1 the applicant is not .so personall: known to said County )ispopser, be fore lili~na said orlier or vlivering sa: liquor he snail requireidentificatioi and the statement of a reliable an< trustworthy person of spod chnaracte: and habits, kno .vn persvally to him that the applicant' is nota minor, anc is not in thi habit of ustg 1itopicat ing liquors to an excess. Sec. 12. Requests for tle purchase o: liquor shall oe miade -upai b~nks fur nised by the County Aditer, In pack ages of 100 each, to the (5unny Dlspen sers, from time to time as the samt shall be needed, and shal be numberet consecutively oy the Auditoi. The Danks aforesaid shall h furnished tr e County Auditor by tie State Boart of Ctrol, in uniform bok like bani checks, and the date of delivery shal be endorsed by the Couzty Auditor or each book, and receipt/taken therefoi and preserved in his dice. The Dis p'enser shall preserve :he applicatior m the originali form aId boo s, excep1 the iling of the blank therein, unti returnee to the CountyAuditor. Wher return thereof is m3le the Count) Auditor shall endorse hereon the datt f return, and ille atd preserve the same to be used in th: quarterly set lements between such DJispenser anc the County Treasurer. All unused oz matilated blanks shal be returned oi accounted for before cher blanks are ssued to such County )ispenser. Sec. 13. On or before ;he tenth day o1 aeah month each Dispensar shall makt Eull returns to the Comity Auditor 0: ill requests filled by hin and his clerks luring the preceding month, upor lanks to be furnishei ty the Stat: Board of Control for ttat purpose, anc iccompany the same wt~h ain oath, dull :aken and subscribed b~fore the Coun y Auditor or a Notar3 Publice, whict shall be in the following form, to wit 1, , being dily sworn, s:ate yn oath that the requests for liquor: ierewith returned are :11 that were re eived and tilled at my place of -busi iess under my permit daring thi onth of ,1i89 ; zhat l have ~arefully preserved the saine, and tha hey were tilled up, signed and attestec t the date sho wn thereon, as providet y law; that said reques:s were 1illet > delivering the quantity and kind o: iquors required, and that no liquor; iave been suld or dispenised under m: ermit during said montn, except a: hown by the requests herewith re urned, and that I nave fairut ally 0b terved and compliea with the proni sions of my bond und oath taken bj ne, thereon endlorsed, and with all thi aws relating to my dIuties in the prem Sec. UI. Upon faild~re of any Dispeni ter to make the returus tQ the Audito: is herein required, it saa!! be the dut: >f said Auditor to report s'ich failur< ,o the Siate Board of Uont-d and thi aid State Board of Control ' i nediately order the County ammons said delinquent ippear~ before them and a'h hi prmit should not and if the cause shall not be shown the satisfaction of the County of Control, they shall immediately nul said permit and give public tice thereof; and the Circuit Solid shall proceed to enforce the penal prescribed in this Act for such vio, tion against said County Dispenser the next suc:eeding term of court the county in which such permit held, and any Dispenser who shall or dispense any intoxicating liq after his permit shall have bee voked shall, upon conviction the be lined not less than $500 and be prisoned for six months. If any Dispenser or his clerks purchase any intoxicating liquors f any other person or persons except State Commissioner, or if he or th or any person or persons in his or t. employ, or by his'or their directdn, shall Se!! or offer for sale any liquors other than such as have been par chased from the State Commissioner, or shall adulterate or cause to be adu!. ated, any intoxicating, spirituous or malt liquors which he or they may keep for sale under thi2 Act, by mixing with the same coloring matter of any drug or ingredient whatever, or shall mix the same with other lquors of different kind of quality, or with wa ter, or shall sell or expose for sale such liquors so adulterated, knowing it to be such, or shall change the label up on 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 six months. Sec. 15. No person,firm association or corporation shall manufactire for sale, sell or keep for sale, exchange, barter, or dispense any liquors containing al cohol, for any purpose whatever,other wise than as provided in this Act. Dispensers as herein provided shall alone be authorized to sell and dis pense such liquors, and all permits must be procured as herein provided from the County Board of Control: Provided, That the menufactures of distilled, malt or vinous liquors, who are doing business in the State, shall be allowed to sell to no person in this State, except the State Commissioner, and to parties outside the Statean't the State Commissioner shall purchase his supplies from brewers and distillers in this State, where their product reaches the standard required by this Act: Provided, Such supplies can be pur chased as cheaply there as elsewhere. Every package, barrel,or bottle of such liquors shipped beyond the limits of this State shall have thereon the cer tificate of the State Commissioner al lowing 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 sball be subject at all times to the in spection 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 kcetng tc sn-me, to be asAs evidence on trial of any prosecution aginst him, on notice duly served that the same will be required as evidence. Sec. 17. The payment of the United States special tax as a liquor seller, or notice of any kind in any place of re sort, or in any store or shop, indicating that alcoholic liquors. are there sold, 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 vio.lation of this Act, and unless said person or-parties are sell ing under permit as prescribed by this Act they shall be punished by a fine not exceeding $100 or imprisonment nt'. more than thirty days. Sec. 18. Licensed druggists co)nduct ing drug stores and manufactures of proprietary medicines are hereby au t horized to purchase of Dispensers of the counties of their residence intoxi cating liquors (not inicuding malt) for the purpose of compounding medi cines, tinetures and extracts that can not be used as a beverage. The Dis pensers shall not charge such licensed druggist more than ten per cent. net protit for liquors so sold. Such pur chaser snali eep a record of the uses to which the same are devoted, giving he kina and quantity so used, and quarterly they shall, make and file with the County Auditor and with the County Board of Control sworn reports, giviug a full and true statement of the quantity and kinds of such liquors purchased and used, the uses to which the same have been d'evoted, and giv ing the name of the Dispenser from whom the same was purcnased, anid the dates and quantities so purchased, together with an invoice of each kind still in stock and kept for such com poundings. If said licensed druggists shall sell, barter,give away or excnange or any manner dispose of said liquors for any purpose other-than authorized by this Section, he shall upon convic tion forfeit his license and be liable to all penalties,prosecutions and proceed ings at laiv and in equity provided aginst persons selling without permit, and upon such conviction the Clerk of rhe Court shall, within ten days after such judgoment or order, transmit .to the Board of Pharmaceutical Ex amin ers trie certifled record thereof, upon reeipt of such the said Board shall strike the name of the said druggist from the list of pharmacists and re voke his certilicate: Provided, That nothing herein contained shall be con strued to authorize the manufacture or sale of any preparition or compound under any name, form or device,which may be used as a beverage which Is in toxicating in its character. And, pro vided, further, That the State Commis sioner shall be authorized to .sell~to manufacturing cbemists and wholesale drggists alcohol by the barrel at cost. Sec. 19. If any person shall make any false or rictitious signature,Or sign any name other than his or her own to any paper reqluired to be signed by this Act; without being authorized so to do, or make any false statement in any paper, request or application signed to procure llqucrs under this Act, the person so offending shall be guilty of a misdemeanor, and upon conviction therelor shall be punished by .a fine of not more than $25 or be imprisoned not more than thirty days. See. 20 Ii any Dispensary, or his clerk shall make false oath touching any matter required to be sworn to under the provisions of this Act, the person so offending shall, upon conviction, be nuiished by law for perjury. It any &J:antV Dispeaser shall purchase or procure any intoxicating liquors from othr person than t'ie State Gommision er, or uiake any false return to the County Auditor, or use any request for iquors for more than one sale, in any such case he shall be deemed guilty of a misdiimeanor, and upon conviction be punished by a tine of $50(J -.or six u~oths imprisonment.. 21. Every person who shall di Ireci indirectly xeep or maintain,I he hi r by asociating c'c combin-I sn fro ith fide any s the the g ood sam. ion reg anPO this ful for any empowered Mun such hotel and searcla l day or night. without a war contraband liquors. See. 22. All places were alcoholic liquors are sold, bartered or given away in violation of the Act., or where per sons are permitted to resort for the pur pose .of drinking alcoholic liquors as a beverage, of where alcohclic liquors are kept for sale, barter or delivery in violation of this Act, are hereby de clared 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 be lief, 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 Sheriff of the county or to any. special constable, commanding said defendant to be arrested and brought before him to be dealt with ac cording to law, and at the same time shall issue a search warrant, in whicr the premises in question shall be par ticularly described, commanding such Sheriff -or constable to theroughly search the premises and to seize all al coholic liquors found thereon, and dis pose of them as provided in section 33, and shall also seize all vessels, bar tix tures, screens, bottles, glasses and ap purtenances apparently used or suit able for use in retailing liquors, to make a complete inventory thereot, and deposit the'same with the Sheriff. Thatunder the arrest warrant the de fendant 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 the Curt of General Sessions for the county -he shall make out every paper in the case in duplicate and ile one copy of the proceedings with the Clerk, of the -.Court for the ounty and immediately trans mit the other copy to the Solic itor of the circuit whereupon said Solicitor shall at once ap ply to the Circuit Judge at Chambers whitin that circuit, for at order re straining the desendants, their ser vants or agents from keeping, recei; ing bartering, selling or giving any alco holic liquors until the further order of the court. Such Circuit Judze is here by authorized, empowered and required to grant the said restraining order without requiring a bond or undertak ing upon the hearing or receipt by hlim of said papers from the said Trial J ustic by the hands of the Solicitor; and any violation of said restraining order be fore the trial of the case shall be deem ed a contempt of court-and punished as such by said judge or court, as for the violation of an order of injunction. Upon conviction of said defendanrts of maintaining said nuisance at trie trail they or any ofthem shall be deemned guilty of a maislemeanar, punishable bf Imprisonment in the State Penit entiary for a term of not less than three months, or a fine of not less than two hundred dollars, or by botn, in the discreation of the court, and the restra ining order shall be made perpetual. The articles covered by the inventory, which were retained by the Sheriif, shall be forfeited to the State and sold ad the net proceeds sent to the State Commissioner, and the Saeriff shall forthwith procceed to dispose of the alcoholic liquors covered by the inven tory as provided for in this Act as when other liquors ate seized. The finding or suca alcoholic hqaors on such premises, with satisfactory avi ence that the same was being dispos d of country to this Act, shall be priama facie evidence of the nuisance omplained of. Liquors seized as here nbeore provided and~ tne vessels con - aiing them, shall not be taken f ro m the custody of the officers in possession f the s ime by any writ of replevia or other process while the proceedings herein provided are pending. No suit shall lie for damages alleged to arise by seizure and detention of liq'iors under this Act. Sec 23. Any person violating the terms anyrestraining order granted in such proceeding shall be punished fo.1 ontempt by a ine of not less than two undred dollars nor more than one housand dollars, and by imprisonment n the State Penitentiary not less than ninety days nor more than one year. In contempt proceedings arisiag out of the voration of any mj unction granted under the provision of this Act, the court, or, in vacation the J udge thereof, shall have o oer to summartly and punish the patty or parties guilty, as required by law. The affidavits upon which the attach ment for contempt issue shall make a prima facde case for the State. The accused may plead in the same inanner as to ai indictment in y far as the same is applicable. E vidence may b3 oral or in the form of allidavits, or both the defendant may be required to make answers to interro.Tatories, either writ ten ororal, as in the court or Judge may seem proper; the defendant shall not necessarily be discharged upon his denial of the fart stated in the moving papers. The Cletit of the Court shall, upon tte application of either party, issue subpoenas for witnesses, and except as above set forth the practice in such contempt proceedings shall conform as nearly as may to the practice in the Court of Common Pleas The State Comnmissioner, under rules and regulations provided by the Stae oard of Control, may enter i;o cou tracts with responsible graps growers in this State for the sale of domestic ~~es through the Dispasary. so -as to ehc.urage grape growing in this State, and i-a furthgance of this object not more than ten per cent. profic to the Dispensary over the expenses of bot tling, ilabeling, freightage, etc., shall be chagged for the handling of such wnes Th~smanager of every registeredd toma nno n tomateshall r while In er in pos. depot agent, e son, firm, corporatio and reported to the State er at once, who shall disp same as hereinafter prcvided ded: That liquors purchased o the State, owned and conveyed as pe sonal baggage, shall be exempt from seizure when the quantity does not ex ceed one galbn. Sec. 26. That the possession of said illicit liquors is hereby prolibited 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, stored, sold, de livered, transported or being transport ed, shall be considered a proceeaing in ,enm, unless otherwise herein provided elsewhere than at his or her residence. Sec. i.8. That the carriage, transpor tatidn, possession, removal, sale, de livery or-acceptance of any of the said liquors or liquids in any package,cask, jug, box or other package, under any other than the proper name or brand knovn to the trade as designating the kind and quality of the contents of the casks, piaTkages or boxes containing the same, or causing such removal, accept ance,,transportation, taking into pos session, or any such delivery, shall work the forfeiture of said liquors or liquid and casks or packages, and the person or.persons so offending,knowing ly, be subject to pay a fine of not more than five hundred dollars or imprison ment for the term of not longer than six months,and the wrongful name, address, mark, stamp or style on such Vquor when seizdshali t, considered evidence prima facie of guilt. The books and waybills of the common car rier may be examined to trace said li quor to the shipper, who shall be liable, upon conviction, in a like penalty. Sec. 29. That all ConstablesDeputy Constables, Sheriffs or Municipal po licemen, shall have the right, power and authority, and it shalU be their du ty, whenever they are informed or sus pect that any such suspicious package in possession of a common carrier con tains alcoholic liquors or liqaids, to de tain 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 otlicer or person in the discharge of the du ties herein enjoined or the use of abu sive language by any such otlicer or person to any other person or persons shall, upon convictioo, be deemed guil ty of a misdemeanor and be punisha ble by a fine of not more than one hun dred dollars or imprisonment for the term of not more than thirty days. . Sec.31. In all cases of seizure of any goods, wares or merchandise hereaf ter or heretofore malte, as being subject to forfeiture under any provision of this Act or the former Act, watch, in the opmion of the officer or person making the seizure are of the appraised value of fifty dollars or more, the said oficer or person shall proceed as follows: First. He shaall cause a list containing a particular description or the goods, wares or merchandise seized to be pre pared in duplicate and appraisement thereof to be made by three sworn ap praisers, to be selectel by him, who shall be respectable andi disinterested citizens of the State of South Carolina residing within the county wherein the seizure was made. Said list and appraisement shall be properly attested by the said oflicer or person and the appraisers, for which seriice each of the said appraisers shall be aliowed the sum of one dollar to be paid by the State Commissioner. Second. If the said goods are believed by the officer making the seizures to be of less value than fifty dollars, no ap praisement shall be made. The said officer or person shall procee:d to pub lish a notice for three weeks,in wvriting at three places in the county where the seizura was made, describing the arti cles and stating the time and plac6 and cause of their seizure, and requiring any person claiming them to appear and make such claim within tnirty days from tne date of the lirst publica tion of such notice. Third. Any person clainits, the liq ors so seizedl as contraband, and the vessels containing the same, within the time specified in the notice, may die with the State Commissioners a claim stating his interest in the arti cles seized, and may execute a bond to the State Commissioner in the penal sum of five hundred dollars, with sure ties to be approved by the sail State Commissioner, con litioned that in the case of ejndemnation of the articles so sezel the obligors shall pay all the csts 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 witn the duplicate list or descrip tion of the goods seized to the Solicitor of the .circuit in which such seizure was made, and said Solicitor shall pros ecute e case to secuird the forfeiture of sai:1 @ atraband liquors or liquiids ini the couart h?.ving j urtsdictioin. Fourts. It no claim is interposed and no bond given within the time above specidied, sucia liquors shall be forfeited~ without further proceedings, and the State Commissioner.shall have the said liquors tested by tne S'~ate Chemist, and if pure shalisell the samie through ithe Szate .Dispensary as though purchased by mim. If not pure, he shall sell the same beyond the State and 'deposit the proceeds to the credit of fthe State. Commissioner: Provided, '.That in seizures in quanti Sssvalue than fiftby dollars-o! iquor, or liquors, Esamem to ca across the this section do purchised from a ing the proper label or liquors in this State, except liquors and th-se passing through c, signed to points beyond, shall be deemed contraband and may be seized in transit without warrant. And any stea-mboat, sailing vessel, railroid, ex press company or other common car rier transporting or bringing into this. State for sale or use tnerein, except by the Dispensary, shall suffer a penalty of $500 and costs for each offense, to be recovered by the Solicitor of the Circuit Court, or the Attorney General, by an action brought - theretor in any court of competent jurisdiction. The State constables, Sheriffs, municipal police or any lawfal constable may en ter 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 boks of said common carriers, and any -one interfering with or resisting sach offi cer shal be punished by a line not ex ceeding $100 or imprisonment not lon ger than thirty days. Sec, 31. That any person detected openly violating any of - the provisions of this Act shall be liable to arre3t without warrant, provided a warrant shall be procured within a reasonable tme thereafter. Sec. 35. That violations of any of the sections of this Act, where punishment upon conviction is not especially pro vided for, the person or persons or cor poration so convicted shall be punished in the dis::retion of the court trying the same. All alcoholic liquors, other than domestic wine, and in quantity more- than five gallons, which do not have on the packages in which tney are contained the labels and-certidicate 3 go iog to show that they have been par chased from a State oflicer authorized to sell themn are hereby declared con traband, and on seiz ire will be forfeit ed to the State as provide:l in section 31: Provided, That this section shall not apply to liquor held oy the owners of registered stills. P'ersons having more than five gallons of liquor else where than at his or her home, which they wish to keep for their own use, may thro w the protection of the law aroand the same by' furnishing an in ventory of: the quantity and kinds to the State 2ommissioner, and appiying for certiiieates to affix thereto. AMter sixty days from the approval of this Act any liquor found in the State not having suen certiticates .n.ay ue seized ind confiscated. Persons having more than they wisa to use may ottamn cer tiicates to ship beyond the laits of the Strate. Any person allixing, or causing to be atlixed, to any p-tekage codtaining aleoholic iiuor any imnita tion stamp or other printed or engraved labAl or device thaa those fartished by the State Commissioner shall for each offense be liable to a pe-nalty of ten days' imprisonment or $25 fine. Sec. 36. Every person who disposseses or rescues from a cons:able or othier oflicer, or atte npts so to do, any aico holic liquor takeni or detained by saca officer charged with the enforcement of this law, shall, upon conviction oe imprisoned thirty days or pay a line of $100. Sec. 37. Any person handling contra and liquor in the night time or deliv ering the same, sa ill oe guilty o f a misdemeanor, and on conviclion,. sha!l be punished by impri.sonment for thirty days or.S100 line. Sec. 33. Any wagcn, eart, bott or other conveyance transportinz contra band liquor at night other than regular passenger or freight s:eamus and rnil Wa.y car, shall be liable to seizure and omiscation; and to that end~ tue otliser shall cause tne same to be- ap praise.I 'oy three disinterested citizens, and unless recovered by claim and dielivery pro ceedings and suitable bond, shall be ad vertised and sold and proceeds sent to the State Commissioner. Sec. 33. Every Dispenser, whent 1e sells a package containing liquor shal put a cross mark in iak on the label or certiicate thereon, e. ending froid the top to the bottoma and froma side to side. When any liquor is seized be cause it has not tne nccessary certili cates and ia'oles ~rcquired by this Act, the burden of proof shall be upon the claimant of said spirits to suowvthat no fraud has been committed and that the whiskrey is not contraband. Sec. 40). That any railroatd, steambat express company or other comumon c-tr rier shall incur a penalry ot treble the invoice price of any alcoholic liquors lost or stoleo in t ransit to or from the Dispesary, whetner shippei :us re leased or not, sh penalty to be recov ered by action in any court of couape tent jurisdictio. any persoa to 3 : : i: r or to receive m~oney fro .1 oamr persons or the purchs or s aip:usut of any alaholic liquors ftr o 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, be "em~4 j'ilt of a misdeme .d shall be punim by impriso~ \ot to exceed thirt? Aiys or byW exceed 2100. Sen. 4M. It shall be ils, deputy sheriffs and const ~ng notice of the violation of -~he provisions of this Act, to he 'ircuit Solictmo of the ftct A Bloody Cd YORKVILLE, S. C., Dec. . ther facts have been elicited by the coroner's inquest concerning the mar der of Mr. D. P. Blickburn, for which the negro, Jeff Crawford, is held. Craw foid is about forty years of age. When seen at the jail Dy a reporter he said that Blackbara came to his house Sat. urday night to get shaved, preparatory to going to North Carolina. After shaving him, Crawford says he went to Rock Hill, aid returned next morn ing. He denies all knowledge of the killing. His statements were clear, but guarded and careful. The facts de veloped at the inquest, however, make things look blacm for the negro. -A bloody razor is said to have been found at Crawford's house, and identiged as his 'property. There was an empty half pint flask in Blackburn's pocket, and the. theory is th it Crawford, or wLoever killed the unfortunate man, lured him into.the woods on pretence of guiding him to a whiskey wagon. State. TWO BROTHER3 KILLED. SPArTANBU'aG, S. C., Da- 27.-The, follo wing has just reached here from Inman, S. C. News has just reached here from Collinsville, a small country town just over the.Nirth Carolina about fteen miles north of here, of teri'22. tragedy which oc0rred y terday evening.. One Wilkin a and killed Ben Robertson, and mortally wounaed Jonn Robo elder brother. Last Sunday at Miss Mollie Robertson, a si: ter o and John, wass married at ter faths house, and among inose wn attend were the Wilkinson boys. They got into- a diffizulty with two of John and Bien's younger brothers. John, Ben and their father, learning what was going on, promptly appeared on the sceue, and kicked one of tlie Wilkmn sons a fe w times and ran them off the place, one ot them leaving his hat be hind. It is supposed that this row was the cauise of tne killing. oIURDERtINNEwBERRY. NE wBERR~Y. Dec. 27.. --Henry N. An ton, a well digger, died here today from the result or a trivial .matter. Last night a ditllauty arose between cer tain mill opera ;ives. Rabe MIc(o an and Franlk Snlth were engaged in a knock-do wn' tight aboat 8mnian's little~ boy being slapped by McGowan. dn ry Wer LZ, .McGo we.n's son-in-law, j inedi the 1;5t, wnea Anton en deavored to separate all parties. Ho t words followed between Weris and Anton. Werts then struck Anton on the head with a brick, breaking his skull, with fatal results. Warts fled last night. A warrant has been issued for his arrest.-State. A VIO~rIM IN RLOK IIILL. RocKc HIL L, Dec. 27.-Charlie J. Mil ler, white, a desperate character, shot and killed a negro named Cally Doug lass, in front of J. W. Taylor's meat market tonight at 7.45. It seems as if the mea had-been engaged ina quarrel for some time ihe.a Miller drew a pis y1 and~ 'hot Doag'ass three timIe3, kil ing him almost instantly. Miller has been employed as a guard at the. ade here for four months, lie a immediately after the third shut and whea last seen was running in t~ie di cectioa of 13lack street. SaOT AT A CIHRIsTEAS FROLI . PLEASANT HIL L, D33-l ~iliam Watts was fatally shot last night by William Mctlwain at a negro frolic near this place. Watts dietU this morn iag. The shooting was done with a double-barreled shot gan. It is said that there was an old grudge between them. iunth are colored. NEW XEORK, D ec. 2.-The Rev. Dr. Samuel Lewis, a youilg Je wish rabbi fromn Cnarieston. S. C., was transferred yesterday morning from 8elievue hos pital to the Iloomingdale insane asy lama. He had sudlenly shown signs of dlemlentia while on his wedding trip and his pretty bride had hurried him back to this city to have him treated by Competent specialists. Mrs. Lewis herself was nearly wild with excite mnat when her honeymoon 'came to an .abrupt end, ID:. Lewis was not all vi oiuat bat he had the delusiyi that he was being persicated and that a con spiracy tal been formed to killh Ile had jamned to hie feet while p ing thr~o.gli Virginia ona train~ *a~d -ou only married me for 22;ev i w.ill not stasy with you anot er \ia. rs. Le wis tearfully listcned to is ravings unable to understand at itst the change in his manner. When told by physiciaus thaa his mind had given way she immedia~ely notified her relatives toat she was *coming pack to them. Dr. Lawis's marriage occui-red just one week ago tod~ay. The bride was Miss Qisra Ury, and the cerem Wasi performied at the residence o Louis Shasti No- -1t3 Eas~t 94th street re.Le taspntlast T aesday ocel Savoy at 29th stre e, and started for tn in morning, intend trip before Dr. Lew abors in Chaarleston,