The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1852-05-18
I" Gnu-aa1n o,tr 0attne Aapu."


the sum OF two hundred dollars, and
shall be imprisoned four months in
the common Jail of the county where
the offence was committed said Pc
nalties to be recovered before any
court of competent jurisdiction, by
Indictment, or any action of debt in
the name of the city or town where
the offence shall be committed. And
whenever o default shall be had of
any recognizances arising under this
act, scire iacias shall bc issued, re-
turnable at the next term, and the
same shall not bo continued, unless
for good cause, satisfactory to tho
court. .uH
Sec. 9. No person engaged in the
unlawful traffic in intoxicating liquors
shall be competent to sit upon any
jury in any case arising from this
act, and when information shall be
communicated to the court, that any
member of any panel is engaged in
such traffic, or that he is believed to
be so engaged, the court shall in.
qnire of the juryman Of whom such
belief is entertained; and no answer
which he shall make shall be used
against him in any case arising under
this act; but if he shall answer falsely,
he shall be incapable of serving on
any jury in this State; but he may
decline to answer, in which case he
shall be discharged by the court from
all futher attendance as juryman.
Sec. 10. All cases arising under
this act, whether by action, indict.
ment or complaint, which shall come
before a superior court, either by
appeal or original entry, shall take
precedence i'll said court of all other
business, except those criminal cases
in which the parties are actually un.
der arrest awaiting trial; and the
prosecuting officer shall not have au.
thority to enter nolle proseoui, or
to grant continuance in any case
arising under this act, either before
or after the verdict, except where the
purposes Of justice shall require it.
Sec. II. If any three persons, vo.
tcrs in the town or city where the
complaint shall be made, shall, before
any justice of the peace or judge of
municipal Or police court, make COIN.
plant under oath or affirmation, that
they have reason to believe, and do
believe, that spirituous or intoxica-
ting liquors are kept or deposited,
and intended for sale, by any person
not authorized to sell the same iii said
city or town, said justice or Judge
shall issue his warrant of search to
any sheriff, city marshal or deputy,
or to any constable, who shall pro
cccd to search the premises described
in said warrant, and if any spirituous
or intoxicating liquors are found
therein, he shall seize the same, and
convey them to some proper place of
security, where he shall keep them
until final action is had thereon. But
no dwelling-house, in which or III part
Of which, shop is not kept, shall
be searched, unless at least one of
said complainants shall testify to
some acts Of sale of Intoxicating H.
qnors therein, by the occupant there
- or by his counsel or permission,
within at least one month of the time
making said complaint. And the
owner or keeper of said liquors,
seized as aforesaid, if he shall be
known to the officer seizing the same,
shall be summoned forthwith before
the justice or judge by whose war
rant the liquors were seized, and if
he fails to appear, or unless lie can
show by positive proof, that said Ii.
quors are of foreign production, that
they have been imported under the
laws of the United States, and in ac-
cordance tlercwitl,--that they are
contained in the original packages in
which they were imported, and in
quantities not less than the laws Of
the United States prescribe, they
shall bo declared forfeited, and shall
be destroyed by authority Of the
written order to that effect. of said
justico or judge, and in his presence,
or in the presence Of some person ap-
pointed by him, to witness the des.
truction thereof, and who shall join
with the officer by whom they shall
have been destroyd, in attesting that
fact upon the back of the order by
authority of which it was done; and
the owner or keeper of such liquors
shall pay a fine of twenty dollars and
costs, or stand committed for thirty
days, in default of payment, if in the
opinion OF the conrt, said liquors shall
have been kept or deposited for the
purposes of sale. And if the owner
or possessor of any liquors seized in
pursuance of this section, shall set
up the claim that they have been