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w ' ' i _ I 1 VOL. VIII. NEW DISPENSARY LAW. STRICT PROVISIONS AGAINST ITS VIOLATION. I'lxlt'it Authority to CoiiNlablrN-Tlio Ijiiw SlrciiKllu'iicd in >1 itny Points ? Provision lor KstablisliiiiK New I MspensarlcH. An Act to Declare the Law in Reference to and Further Reyuluto the I'so, Sale, Consumption, Transportation and Disposition of Alcoholic Liquids or Liquors Within the State of South Carolina, and to Police the Same. section 1. lie it unnoted by the Senate and House of Representatives of the State of South Carolina, now met and sitting in Goneral Assembly, and by the authority of the same: That the manufacture, sale, barter or exchange, receipt, acceptance, delivery, storing and keeping in possession, within this State, of any spirituous, malt, vinous, fermented, brewed (whether lager or rice boor) or other liquors or--any compound or mixture thereof, by whatever name called or known, which contains alcohol and is used as a bovorage by any person, linn or corporation ; the transportation, removal, the taking from the depot or other place by consignee or other person or the payment of freight or express or other charges by any person, lirtn, association or corporation tiDon any spirituous, malt, vinous, fermented, brewed (whether lager, rice or other beer) or other lienor 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 line for each otYenso. All such liquors, except when bought from a State ollicer authorized to sell the same or in possession of one, are declared to he contraband and against the morals, good health and safety of the State, and may be seized wherever found without warrant and turned over to the State Commissioner. C.x., O /' ' on-, ... i iic uuvernor, uie Attorney General and the Comptroller General shall, ox oflleio, constitute a State Hoard of Control to carry out the provisions of tins Act. Sec. .'I. That the Governor shall, at the expiration of the term of the present Commissioner, and at the expiration of every two years thereafter, appoint a Commissioner, which appointment shall bo submitted to the Sonato at its next session for its approval : said Commissioner shall be believed by tbo Governor to be an abstainer from intoxicants, ami shall, under such rules and regulations as may Ik? made by the State Hoard of Control, nurchaso all intoxicating liquors for lawful sale in this State, and furnish tin) same to such persons as may be designated as Dispensers thereof, to be sold as hereafter prescribed*'*in this Act . Said Commissioner shall reside, and have his place of business, in the I city of Columbia, in this State, and hold his office two years from appointment and until another be appointed in his stead. He shall be subject to removal for cause by the State Hoard j of Control, lie shall qualify and he commissioned the same us otlier State ; officers, and receive an annual salary i of $.'1,000, payable at the same time and ' in the same manner as is provided for the payment of the salaries of State officers. He shall be allowed a bookkeeper, who shall be paid in the same manner a salary of $1,200, and such other assistants as in the opinion of the Hoard of Control may ho doomed neeessaiy. He shall not sell to the County Dispensers any intoxicating or fermented liquors, except such as have been tested by the chomist of the South Carolina College and declared to ! he pure: Provided, That said State Hoard of Control shall have authority j to appoint such assistants as they may lind necessary to assist the South Carolina College in making the analyses required by this Act, and tho said Board of Control may fix such reasonable compensation, if any, as they deem proper for the services rendered by such chemist or such assistants. The Stato Commissioner shall deposit all umoTknls received by him from sales to County Dispensers or others with the Treasurer of the State under such : rules as may be made by tho State 1 Board of Control to insure tho faithful , return of tho same, and tho State ; Treasurer shall keep a separate account. with said fund from which tho 1 Commissioner shall draw from time to time, upon warrants duly approved by : the chairman of said Board, the | amounts necessary to pay the expenses ; incurred in conducting the business. \ All rules and regulations governing j saiii Commissioner in the purchase of intoxicating liquors, or in the per- | formance. of any of tho duties of his office where the same are not provided for by law, shall be prescribed by tho State Board of Control. lie shall, before entering upon tho duties of bis : office execute a bond to the State Treasurer, with sufficient sureties, to j be approved by tho Attorney Goneral, : in the penal sum of ten thousand dollars ($10,000) for the faithful porformunco of the duties of his office. In all purchases or sales of intoxicating ! liquors made by said Commissioner as j contemplated in this Act, the Com- j missioner shall cause a certificate to be i attached to each and every package j containing said lienors when the same i is shipped to him from the place of purchase, or by him to the County Dispensers, certified by his official signature and seal, which certificate shall state that liquors contained in said package have been purchased by him for sale within the State of South Carolina, or to be shipped out of the St^te under the laws of said State: anW^lthout such certificate any packago((^itnining liquors which shall bo shipped out of the State, or shipped fiom place to place within tho Stato. or delivered to tho consignee by any railroad, express company or other common earrior, or be found in tho possession of any common carrier, snail be regarded as contraband and may be seized without warrant for confiscation, and such common carrier shall be liable to a penalty of fivo hundred dollars for each offense, to be recovered against said common carrier in any court of competent jurisdiction by summons and complaint, proceedings to bo instituted by the Solicitor of any circuit with whom evidence may lio lodged by any officer or citizen having knowledgo or information of ) the violation, und any person attach" r ? 1,1 PMMMHMMAMMHMMHMHMBtfBMNMHMMMVlM ing or using such certificate, without the authority of the Commissioner, or ! any counterfeit certificate for the purpose of securing the transportation of any intoxicating liquors out of or withj in tliis Suite in violation of law, shall 1 upon conviction thereof he punished by a fine of not h.ss than five hundred dollars and imprisonment in the Penitentiary for not less than one year for i iiiir'li iilVi>nsi> See. 4. Said Commissioner shall make a printed quarterly statement, ; under oath, of nil liquors sold by him, ; enumerating the different kinds and : quantity of euoli kind, the price paid and thetvrmsof payment, and to whom sold. Also the names of the parties from whom e liquor was purchased, and their phteo of business and dates of purchase, which statement shall bo filed with the State Hoard of Control. Sec. f>. The State Commissioner shall before shipping any liquors to Dispensers, except lager boor, cause the same to be put into packages of not less than one-half pint nor more than live gallons, and securely seal the same, and it shall bo unlawful for the Dispenser to break any such package or open the same for any reason whatever. He shall sell by the package only, and no person shall open the same on the premises; Provided, This section shall not apply to malt liquors shipped in cases, or bottles thereof shipped in barrels, and such malt liquors may bo sold by the County Dispenser in such quantities of not less than one pint as he may see. proper: Provided, The same shall not he drunk on the promises. Dispensers shall open their places of business and sell only in day time, under such rules as may he made by the State Hoard of Control. Sec. (!. It shall be the duty of the State Hoard of Control to appoint a County Hoard of Control, composed of three persons believed by said Hoard not to be addicted to the use of intoxicating liquors, who shall hold their oHieo for a term of two years, and until their successors are appointed. Said County Hoard of Control shall be subject to removal for cause by the State Hoard of Control. Said County Hoard shall make such rules as will bo conductive to the best management of the sale of intoxicating liquors in their respective counties; Provided. All such rules shall submitted to the State Hoard and annroved bv them before adoption. Said County Hoard of j Control shall qualify and ho conimis- | sionod as are other county ollleers, without fee s tlierefor. Sec. 7. Applications for position of County Dispensor shall ho by petition. I signed and sworn to by the applicant and filed with the County Hoard of Control at least ten days before the meeting at which the application is to be considered, which petition shall j state the applicant's 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 1 been adjudged guilty of violating the | law relating to intoxicating liquors. j and is not a keeper of a restaurant or place of public amusement, and that lie is not addicted to the use of intoxi- I eating liquors as a beverage. This permit or renewal thereof shall issue only on condition that the applicant shall exeeuto to the County Treasurer a bond in the penal ouiii of $.'100, \vith good and sullleientsuroties, conditioned that he will well and truly obey the j laws of the State of South Carolina, now or hereafter in force, in relation to the sale of intoxicating liquors', that ho will pay all lines, penalties, damages and costs that may be assessed or recorded against him for violation of such laws during the term of 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 Hoard of Control. Said bond shall bo for the use of the county I or any person or persons who may be I 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 pormitortho renewal thereof is granted. The said bond shall be deposited with the County Treasurer, and suit thereon shall bo brought at any time by the Solicitor or any person for whoso benefit the same is given: and in case the conditions thereof, or any of them, shall be violated, the principal and sureties thereon shall also be jointly and severally liable for all civil damages, costs and judgments that may be obtained against the principal in any civil action brought by wife, child, parent, guardian, employer or other person, under the provision of the law. All other moneys collected for breaches of such bond shall go into the County Treasury. Said bond shall be approved by the County Hoard of Control under tho rules and laws applicable to the approval of official bonds. See. 8. There may bo one or more County Dispensers appointed for each county, the place of business of each of whom shall be designated by the Countv Hoard, but the sitnto It, must give consent before more than one Dispenser can bo appointed in any county ; and when the County Hoard designates a locality for Dispensary, ten days public notice of which shall be given, it shall bo competent for a majority of the voters of the township in which such Dispensary is to be located to prevent its location in such township by signing petitions addressed to the County Hoard requesting that no Dispensary be established in that township, whereupon somo other place may be designated. (ThoCounty Hoard may in its discretion locate a Dispensary elsewhere than in an incorporated town, in the Counties of Hoaufort and Horry and no others,): I'rovidcd, however, That any county, town or city wherein the sale of alcoholic liquors was prohibited by law prior to July 1st. IBnii, may secure the establishment of a Dispensary within its borders in tho following manner : Upon petition signed by one-fourth tho qualified voters of such county, town or city wishing a Dispensary therein, being filed with the County Commissioners or town or city council, respectively, they shall ordor an election submitting the question of Dispensary or no Dispensary to the qualified voters of such county, town or city, and shall prescribe the rules, regulations, returns, ballots and notice of such election and shall declare tho result; and if a majority of tho ballots cast he found and declared to bo for a CONWAY, S. Dispensary, then n Dispensary may bo established in said I'ounty, town or oity : Provided, Tlmt Dispensaries may be ostablished in the Counties of Williamsburg and Marion without sueh election, in compliance with the other requirements of this Act: l'ro! vided, That nothing in this Act contained shall be so construed as to prohibit persons resident in counties which shall elect to have no Dispensary from procuring liquors from Dispensaries in other counties, or County Dispensers from shipping sunn* to their places of residence under > proper lul>els or certificates. Sec. h. If the application for the i position of Dispenser be granted it shall not issue until the applicant shall I make and subscribe an oath, before some officer authorized by law to administer oaths, which shall be on-I j dorsed upon the bond to the effect and tenor following: "1. , do | solcmly swear (or affirm) that I will well and truly perform all and singular the conditions of the within bond, and keep and perforin the trusts confided in mo to purchase, keep and sell, in, toxieating liquors. 1 will not sell give or furnish to any person any intoxicating liquors otherwise than is provided by law, and especially 1 will not sell or ' furnish intoxicuting liquors to any j minor, intoxicated person or persons who aro in the habit of becoming intoxicated, and 1 will make true, full and accurate returns to the County Hoard of Control the first Monday of each month of all certificates and requests | made to or received by me, as required j by law, during' the preceding month : 1 and such returns shall show every salt; and delivery of such liquors made by me or for me during the month embraced therein, and the true signature to every request received and granted : and such returns shall show all the liquors sold or delivered to any and every person as returned." Upon taking stiid oath and tiling bond as hereinbefore provided, the County Hoard j of Control shall issue to him a permit authorizing him to keep and sell intoxicating liquors as in this Act provided, and every permit so granted j shall specify the building, giving the street and number or location, in U'llii'll inliiviinit imr lwnw??.^ ?>%...? K,. I ~ "V"(S o " sold by virtue of the same, and tho length of time in which the same shall ho in force, which in no case shall exceed twelve months. Permits granted under this Act shall he deemed trusts reposed in the recipients thereof, not as a matter of right, hut of confidence, and may he revoked upon suUieient showing by order of the County Hoard of Control; and upon the removal of any County Dispenser, or upon demand of the County Hoard of Control, he shall immediately turn over Yo the County Hoard of Control all liquors and other property in his possession belonging to the State or county. Said County Hoard of Control shall be charged with the duty of prosecuting i the County Dispenser, or any of his i employees, who may violate any of < the provisions of this Act. On the i death, resignation or removal of a i County Dispenser, or expiration of his ! term of ofliee, tho County Hoard shall j appoint his successor. Sec. 10. Tho County Hoard of (Control shall use as their ollice the ollieo of the County Commissioners of their Hi- < speetive counties, and the Clerk of tho i Hoard of County Commissioners shall serve as their clerk. They shall ! preserve, as part of the records and < tiles of their ollice, all petitions, bonds < and other papers pertaining to the 1 granting or revocation of permits, and j keep suitable hooks in which bonds j and permits shall b? recorded. Tho | books shall be furnished by the county i like other public records. The County Board of Control shall designate or < provide a suitable place in which to i sell the liquors. The members of the 1 County Hoard of Control shall meet I once a month, or oftener, on tho call ( of the chairman, and for their services they shall each receive a ner diem of i $2, and 5 cents mileage each way, and . their clerks shall receive $2 per day | for the days actually employed as such, i but they shall not rocoiveueomponsa- ' tion for more than thirty days in any i one year. They shall, upon the ap- 1 proval of the State Hoard of Control, i employ such assistants for the County i Dispenser as may be necessary. The < Dispenser and his assistants shall i receive such compensation as the State Hoard of Control may determine. All j profits, after paj ing a'l expenses of the . County Dispensary, sluill he paid onehalf to the County Treasury and onehalf to the municipal corporation in which it may he located, such settlements to he madoquarterly : Provided, That if the authorities of any town or city which in the judgment of the State Hoard of Control do not enforce this law, the State Hoard may withhold the part going to the said town or city and use. it to pay State constables. See. 11. Hoforo selling or delivering any intoxicating liquors to any person, a request must he presented to the County Dispenser, printed or written in ink, dated of the true date, stating that he or she is of ago, and tho residence of the signer for whom or whoso use the liquor is required, the quantity and kind requested, and his or her true name ; and the request shall he signed by the applicant in his own true name and signature, attested by the County Dispenser or his clerk, who receives and tiles tins request. Hut the request shall be refused if the County Dispenser filling it personally knows that the person applying is a minor, that he is intoxicated, or that ho is in the habit of using intoxicating liquors to an excess : or if tho applicant is not so personally' known to said Countv Uis censor, boforo lilling said order or tit;-t livcring said liquor ho shall require identification and the statement of a I reliable and trustworthy portion of good eharaetor and habits, known personally to him, that tho applicant is not a minor, and is not in tho habit ( of using iutoxieating liquors to an ox-1 cess. Soe. 12. Requests for tho purchase j of liquor shall bo made upon blanks furnished by tho County Auditor, in packages of 100 each, to tho County > bisponsors, from time to time as tho ' same shall bo needed, and shall bo numbered consecutively by tho Auditor. Tho blanks aforesaid shall bo furnished to tho County Auditor by | l lie State Hoard of Control, in uniform l book like bank cheeks, and tho date of delivery shall be endorsed by tho County Auditor on each hook, and rooelpt taken therefor and preserved in his oftlco. The Dispenser shall pre C, THURSDAY, JANI servo tho application in tho original form and book, exeepttho tilling of tin blanks therein, until rotured to the County Auditor. When return thereof is made tho County Auditor shall endorse thereon the date of return, and lile and preserve the same to be used in the quarterly settlements between j such Dispenser and the County Treasurer. All unused or mutilated blanks shall be returned or accounted for before other blanks are issued to snob County Dispenser. See. lit. On or before the tenth day of eaeh month eaeh Dispenser shall make full returns to the County Auditor of all requests filled by him and bis elerks during tin? preceding month, upon blanks to be furnished by the State Hoard of Control for that purpose, anil ueeompany the same with an oath, duly taken and subscribed before the County Auditor or a Notary I'ublie, which shall be in the following from, to wit: "I, , boing duly sworn, state on oath that the requests for liquors herewith returned are all that were received and filled at my place of business under my permit during the month of , 185) ; that 1 have carefully purser veil the same, and that they were filled up, signed and attested at the date shown thereon, as provided by law : that said requests wore filled bv delivering the quantity and kind of liquors required, and that no liquors have been sold or dispensed under my permit during said month, except as shown by the requests herewith returned, and that I have faithfully observed and complied with the provisions of my bond and oath taken by me, thereon endorsed, and with all the laws relating to my duties in the premises." Sec. 14. Upon failure of any Dispenser to make the returns to the Auditor as herein required, it shall be the duty of said Auditor to report such failure to the State Hoard of Control, and the said State Hoard of Control shall immediately order the County Hoard to summons said delinquent dispenser to appear before them and show cause why his permit should not be revoked : and if the cause shall not in- .lllllll II HI IIH' SIU1HUl<Slot) ()[ 11)0 County lion I'd of Control, tlioy shall immediately annul suid permit and givo public notice thereof: and the Circuit Solicitor shall proceed to enforce the penalties prescribed in this 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, he lined not less than $o()0 and bo 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, shaM sell or offer for sale any liquors other than such as have been purchased from the State Commissioner, or shall adulterate or cause to ho adulterated, 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 ling er ingredient whatever, or shall mix the same with other liquors of different kind or quality, or with water, or iiiall sell or expose for sale such liquors so adulterated, knowing it to lie such, >r shall change the label upon any box. bottle or package, he or they shall be guilty of a misdemeanor ami be fined u) a sum of not less than $200 or imprisonment for not less than six months. See. If). No person, firm, association >r corpoi'ution shall manufacture for sale, soil or keep for sale exchange, barter. or dispense any liquors containing alcohol, for any purpose whatever, ntherwiso than as provided in this Act. Dispensers as herein provided shall nlone he authorized to sell and dispense such liquors, and all permits must he procured as herein provided from t he kJounty Boarded Control: Provided, That the manufacturers of distilled, inalt or vinous liquors, who arc doing business in the State, shall he allowed to sell to no person in'this State, except the State Commissioner, and to parties mtsido the State, and the State Commissioner shall purchase his supplies from browors and distillers in this State, where their product reaches the standard required by this Act: Provided, Such supplies can he purchased as cheaply there as elsewhere. Every package, barrel, or bottle of such liquors shipped beyond tlx; limits of this State shall have thereon the certificate of the State Commissioner allowing the same, otherwise it shall he liable to confiscation, and the railroad carrying it shall he punished as in Section .'I : And provided, That any person shall have the right to make wine for his or horown use from grapes or other fruits. Sec. H>. Every Dispenser shall keep a strict account of all liquors received by him from the State Commissioner, in a !>ook ke.pt for that purpose, which ;di'?ll he 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, the date of receipt and amount sold, and the amount on hand of each kind for each month. Such hook shall he produced by the party keeping the same, to he used as t?v i /11 rw *i? mi t t*iul i\f nx/iuo/.i.* v... v. ..... ... I'li/nutiimm against him, on notico duly served that the h<iiuf will ho required as evidence. Sec. 1". The payment of the United States special tax as a liquor seller, or notieo of any kind in any place of resort, or in anv store or shop, indicating that alcoholic liquors are there sold, kept or given away, shall bo held to bo prima facie ovidcnco that the person or persons puying said tax and the parties displaying such notices are acting in violation of this Act, and unless said person or parties uro selling under permit as prescribed by this Act they shall bo punished by a fine not exceeding $100 or imprisonment not more than thirty days. Sec. Ik. Liconsod druggists conducting drug stores and manufacturers of proprietary medicines are hereby authorized to purchase of Dispensers of the counties of their residence intoxicating liquors (not including malt) for the purposo of compounding medicines, tinctures and extracts that cannot. bo used as a beverage. The Dispensers shall not charge such licensed druggists more than ten per cent, net [JARY 4, 1894. 1 pro tit. for liquors so sold. Such pu i ehusor shall keep a record of the us 1 to which the same are devoted. yivii ' the kind and quantity so used, ai quarterly they shall make and tile wit the County Auditor and with tl County I Jon I'd of Control sworn report {jiving n full and truo stutcment of tl quantity and kinds of such liquors pu chased and used, the uses to which tl Hiiino have been devoted, and givin the name of the Dispenser from who the same was purchased, and the dat? and quantities so purchased togetlu with an invoice of each kind still in stoe and kept for such compounding*, said licensed druggist shall sell, hai tor, give away or exchange or in an manner dispose of said liquors for an purpose other than authorized by thi Section, he shall upon conviction foi feit his license and be liable to a penalties, prosecut ions and proceeding at law ami in equity provided uguin* persons selling without permit, an upon such conviction the Clerk of th Court shall, within ten days after sue! judgment or order, transmit to th Hoard of I 'harir.aeent ieal Kxuminor the certilied record thereof, upon re eeipt of which the said Hoard shut strike the name of the said druggis from the list of pharmacists and revolo his certitleate: Provided, Tha nothing herein contained shall ho eon strued to authorize the manufaetun or sale of any preparation orcompoum under any name, form or device, whiel may by used as a beverage which is in toxieating in its character. And, pro vided, further, That the State Com mission*'!' shall he authorized to sel to manufacturing chemists and whole sale druggists alcohol by the barrel a cost. See. lb. If any person shall mak* ;tmv f.ilu.. .... a..'*!*! : .uinu wi llV'tl tllfllT) ni^lUltlllT, CM sign any iiamo other than his or hei own to any paper required to ho signei hy this Act. without Iming authorize! so to do, or make any false statement in any paper, request or application signed to procure liquors under thi> Act, the person so otTonding shall bt guilty ?f a uiisderneunor, and upon eonvii-tion tlierefor shall he punished hy a lino of not more than $2."> or ho imprisoned not more than thirty days. Sec. 20. If any Dispenser, or his clerk, shall make false oath touching any matter required to he sworn to under the provisions of this Act. the person so unending shall, upon conviction, he punished hy law for perjury. If any County Dispenser shall purchase or procure* any intoxicating liquors from other person than the State Commissioner. or make any false return to the County Auditor, or use any request for liquors for more than one sale, in any such case he shall he deemed guilty of a misdemeanor, and upon conviction he punished hy a line of $.">00 or six months imprisonment. Sec. 21. ICvery person who shall directly or indirectly keep or maintain, hy himself, or hy associating or combining with others, or who shall in any manner aid, assist or abet in keeping or maintaining any club room or other place in which any intoxicating liquors are received or kept for use, barter or sale as a beverage, or for distribution or division among the members of any club or association by any means whatever, and every person who shall receive, barter, Hell, assist or abet another in receiving, bartering or selling any alcoholic liquors so received or kept, shall he deemed guilty of a misdemeanor, aud upon conviction thereof shall he punished by a line not to exceed one hundred dollars or thirty days imprisonment: Provided, That the State Hoard of Control shall have the power, upon a proper showing and under such rules as thev mav adont. to exempt hotels where tourists or healthseekers resort, from being considered nuisances or as violating this Act by reason of any manager of such hotels dispensing liquors bought from the Dispensary, by the bottle, either night or day, among the bona lido guests of such hotel : but before any snob exemption shall he granted the State Hoard of Control shall require the manager of such hotel to give a good and sutlicient 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 otlieer thus empowered under this Act to enter such hotel and search it at any time, day or night, without a warrant for contraband liquors. See. 22. All places where alcoholic liquors are sold, bartered or given away in violation of this Act, or whoro persons are permitted to resort for the purpose of drinking alcoholic liquors as a beverage, 01* where alcoholic liquors are kept for sale, barter or dolivery in violation of this Act, arc hereby declared to be common nuisances, and any person may go before any trial justieo in the county ami swear out an arrest warrant, on personal knowledge or on information and belief, charging said nuisance, giving the names of witnesses against tlx keeper or manager of such place and bis aids and assistants, if any, and such trial justice shall direct such arrest warrant either to the sheriff of the county >r to any special constable, commanding said defendant to he arrested and brought before him to In dealt with according to law, and at the same, time shall issue a search war rant, in which the premises in question shall be particularly described I commanding such sheriff or constabh I tii tlwii-iiiurlilif ufiun/il. ttw. ? vw VIIW. '? HI V/ll VII*/ |M lylllin"^ illM to seize all alcoholic liquors foun< thereon, and dispose of them as pro vided in section .'M, and shall also soizr all vessels, bar fixtures, screens bottles, glasses and appurtenances ap parontlv used or suitable for use in re tailing lienors, t<? make a complete in vontory tiicreof, and deposit tho sauu with the sheriff. That under the arrest warrant the defendant shall be arrested and brought before such tria justice and the ease shall l>e disposer of as in case of other crimes beyond hi jurisdiction, except that when ho com mits or hinds over the parties for tria to the next term of tho court of gen oral sessions for tho county ho shal make out every paper in the caso ii duplicate and file one copy of the pro ceedings with the clerk of the conifer the county and immediately trans mit the other copy to the solicitor c the circuit, whereupon said solicit!) shall at once apply to the circuit Judg at Chambers within that circuit, fo an order restraining the defendauti r- I receiving, bartering, soiling or ^ivinj i's ! uwnv any alcoholic liquors until th? i}[ furtnor order of the court. Such cir ul cult judge is hereby authorized, em Lit 1 powered and required to tyrant t lie suit in restraining order without s,j IhxkI or uiuUM'tiikiii^ upon the hcuriii}. icf or recoipt by him of said papers fron r- tlio said trial justice by the bands o 10 tlie solicitor ; and any violation of sai< ijf restraining order, before tin? trial o in tin* ease, shall be deemed a coiiteinpl >s of court and punished as such by said ?r judge or court, us for the violation ol k :iii order of injunction. Upon convieIf tion of said defendants of maintaining i- said nuisance at the trial, they, or any y of them, shall bo deemed guilty of a y misdemeanor, punishable by imprisons niont in the State 1'enitcntiary for a - term of not less than three months, or 11 a line of not less than two hundred -a dollars, or by both, in the discretion of it the court, and the restraining order d shall be made perpetual. The articles e covered by the inventory, which wore (i retained by the shoritT, shall be forfeite ed to the State and sold and the net s proceeds sent to the State Commis! sioner, and the shoritT shall forthwith I proceed to dispose of the alcoholic t liquors covered by the inventory as a provided for in this Act as when other t liquors are seized. The finding of such - alcoholic liquors on such premises, a with satisfactory evidence that the I same was heiug disposed of contrary to i this Act, shall lie prima facie evidence - of the nuisance complained of. Liquors seized as hereinbefore provided, and the - vessels containing them, shall not be 1 taken from t he custody of the otllcers - in possession of the same by any writ t of replevin or other process while the proceedings herein provided are pendi ing. No suit shall lie for damages alleged to arise bv seizure and deten tion of liquors under this Act. I Any person violating the terms of I any restraining order trranted in such j proceedings shall ho punished for coni tempt hy u lino of not loss than two <' hundred dollars nor 'more than one - . thousand dollars, and hy Imprisonment in the State Penitentiary not loss , I than ninety days nor more than one I year. in contempt proceedings arising out i (>f the violation of any injunction i granted under the provisions of this Act, the court, or, in vacation the ' judge thereof, shall have power to try summarily and punish the party or 1 part ies guilty, as required hy law. The aflidavits upon which the at| tachmcnt for contempt issues shall I make a prima facie case for the State. The accused may plead in the same manner as to an indictment in so far as the same is applicable. Evidence may he oral or in th'e form of ullidavits, or | both : tin; defendant may he required j to make answers to interrogatories, j either written or oral, as in the discre; tion of the court or judge may seem | proper; the defendant shall not I necessarily he discharged upon his denial of the fact stated in the moving papers. The clerk of the court shall, ! upon the application of either party, ! issue subpoenas for witnesses, and ex: cept as above set forth the practice in such contempt proceedings shall con: form as nearly as may to the practice ' in the court of common pleas. Sec. lid. The Statu Commissioner, | under rules and regulations provided hy the State Hoard of C011I trol, may outer into contracts with responsible grape growers in in this State for the sale of domestic wines through the Dispensary, so as to encourage {(rape {(rowing in the Stat<!, and in furtherance of this object not more than ten per cunt, profit U? the Dispensary over the expenses of lx>ttling, labeling, freightage, etc., shall he charged for the handling of such wines. 'PI... ~t * * 1 11 i nr iiiiviiii^i'r 111 every rn}[i.si(!r(i(i distillery of liquor in this State shall report quarterly to tins State Commissioner, showing the number of gallons of eaeh kind of liquor on hand, mnnufactured or disposed of during the quarter, and if the said report fail to eorrespound with the return of said distillery to the United States Internal Revenue Collector for this State, or it is shown that said manager has disposed of liquor contrary to this Act, Haiti distillery shall bo deemed to be a common nuisance, and the said manager and his aiders and assistants and the premises shall he proceeded against as in this Act provided as to places where liquors are sold contrary to this Act. Sec. 24. In all eases of places where liquors are unlawfully k<^>t or stored, the same not boing in an open house or exposed to view, and a search bointf necessary, upon affidavit to that effect or on information and belief that contraband liquor is in such place, asearch warrant shall bo issued by a Justice, i Jud^o or Trial Justice, or Mayor or Intcmlunt of at city or town, to whom i application is made empowering a constable. or any person who may be deputized, to enter the said place by I day time or in the night time and to search and examine the said premises > for the purpose of seizing the said conI trahand liquors therein concealed, i kept or stored, which said liquor when > so seized shall be disposed of as here- I inafter provided. , Soc. 25. That any of the liquors set forth in Section olio (1) of this Act, which are contraband may be seized j ami taken without warrant by any - State constable, sheriff or policeman, while in transit or after arrival, wheth, or in possession of a common carrier, i depot agent, express agent, private 1 person, firm, corporation or ussociaI tion, and reported to the State Com missioncr at once, who shall dispose of i the same as hereinafter orovided : , Provided, That liquor* purchased out yido tho State owned and conveyed as - personal baggage, shall l>e exempt - from seizure when the quantity does :> not exceed one gullon. Sec. 2(5. That the possession of said - illicit liquors is hereby prohibited and 1 declared unlawful, and any obligation, 1 note or indebtedness contracted in s their sale or transportation is declared - to bo absolutely null and void, nor 1 shall any action or suit for the recov ory of the samo bo entertained in any 1 court in this State. u See. 27. That the proeocdiug >* agftlust liquor so illegally kept, storod, t sold, delivorod, transported or being i* transported, shall be considered a pro f coeding in rem, unless otherwise herer in provided elsewhere than at his or e her residence. ir Sec. 28. That the carriage, trans see ' . JB NO. 25. ; said liquors or liquids in any paekago, cask, jug, Ih)x or other package, under - any other than the proper name or - brand known to the trade as dcsignat i mg mo Kimi miti quality of the coni tents of the casks, packages or Ixjxes containing the same, or causing such removal, acceptance, transportation, taking into possession, or any such delivery, shall work tno forfeiture of ' said liquors or liquids and cusks or packages, and the person or persons so offending, knowingly, he subject to pay I a tine 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 soized i shall bo considered evidence prima ! facie of guilt. The Ixxiks and waybills of the common carrier may bo oxI amincd to trace said liquor to the shipper, who shall ho liable, upon conviction, in a like penalty. Sec. That all Constables, Deputy (.'onstubies, Sheriffs, or Municipal i policemen, shall have the right, power and authority, and it shall )>o their duty, whenever they are informed or suspect that any such suspicious package in possession of a common 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. See. .'to. 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 unjoined or the use of abusive language by any such officer or person to any other person i>r persons shall, upon conviction, he deemed guilty of a misdemeanor ami ho punishable by a line of not more than one hundred dollars or imprisoned for the term of not more than thirty days. See. 31. In all cases of seizure of any goods, wares or merchandise hereafter or heretofore made, as being su eject to forfeiture under any provision of tliis Act or tho former Act, which, in tlio opinion of tho olHccr or person making tho seizure are of the appraised value of tifty dollars or more, the said officer or person shall proceed as follows : First, lie shall cause a list containing a particular description | of the goods, wares or merchandise seized to he prepared in duplicate and an appraisement thereof to l>e made by three sworn appraisers, to he selected by him, who shall he respectable and disinterested citizens of the State of South Carolina residing within the county wherein the seizure was made. Said list and appraisement shall he properly attested by the said officer or person and the said appraisers, for which service each of the said appraisers shall he allowed tho sum of one dollar to he paid by the State Commissioners. Second. If the said goods are believed by the otllcer making the seizure to he of less value than lifty dollars, no appraisement shall be made. The said ollieor 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 place 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 ilrst publication of such notice. Third. Any person claiming the liquors so seized as contraband, and tho vessels containing the same, within the time specified in the notice, may file with the State Commissioner a claim stating his interest in the articles seized, and may execute a Isuid to the State Commissioner in the penal sum of five hundred dollars, with sureties to be approved by the said State Commissioner, conditioned that in the case of condemnation of the articles so seized theohligots shall pay all the costs and expenses of the proceedings to obtain such condemnation ; and upon tho delivery of Huch bonds to the State Commissioner ho shall transmit tho Hitmo with tho duplicate liat or description of the g<xxls seized to the Solicitor of the circuit in which such seizure was made, and said Solicitor shall prosecute the case to secure the forfeiture of said contraband liquors or liquids in tho court having jurisdiction. Fourth. If no claim in interposed and no bond given within the time above specified, such liquors shall lx; forfeited without further proceedings, and the State Commissioner shall have the said liquors tested by tho State Chemist, and if pure shall sell the same through the State Dispensary as though purchased by him. If not pure, lie shall sell the same beyond the State and deposit the proceeds to tho credit of the State Commissioner I Yovided, That in seizures in quantitie less in value than tifty dollars of such illicit liquor, or liquors, tho same may be advertised, with other quantities, at Columbia by the State Commissioner and disposed of as hereinbefore provided : Provided further, That tho claimant of such liquors may give bond in one hundred dollars as when the value is lifty dollars or over, and shall bear the burden of showing before a Trial .Tustico that he has complied with the law and that the liquors is not liable to seizure. Sec. .'12. 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 ami arrival in this State, lx> subject to the operation and effect of this law to the same extent and in the same man j nor as though such liquors or liquids hud Injon produced iu this State. | See. .'Iff. That no person, except us provided by this Act, shall bring into this Stuto, or transport from place to pluco within this State, by wagon, cart or other vehicle, or by any other means or mode of carriage, any liquors or liquids containing alcohol, under a penalty of $100 or imprisonment for thiKy days, for each offense upon conviction thereof, as for a misdomanor. Any servant, agent or employee of any persons, corporation or associations, I doing business in this State, as common carrier, or any person whatever, (except an officer seizing or examining the sumo) who shall remove any iutoxicating liquors from any railroad ; car, vessol or other vehiclo of transportation at any place other than usual and established stations, wharves, de- ?? i pots or