The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1852-05-18

officer shay be entitled to receive all
costs taxable to the State, in all crimi.
nal proceedings under their act, in
addition to the, e,salary allowed to such
officer by laWAbut no costs in such
cases shall be remitted or reduced by
the prosecuting officer or the court.
In any suit, complaint, indictment OF
other proceeding against any person
for violation OF any Of the provis-
ions of this act, other than for the
fist offence, it shall NOT be requisite
to set fort til particularly the record Of
o former conviction, but it shall be
sufficient to alledge. briefly that such
person has been convicted of q viola.
ton of the fourth section of this act,
or as q common seller, as the case
may be, and such allegation in any
civil or criminal process in atty stage
Of the proceedings, before final judg.
ment, may be amended without terms
and as matter of right.
Sec. 16. All payments OF compen.
sations for liquor sold in yiolationE of
law, whether in money, labor or 9th.
er property, either real or personal,
shall be held and considered to have
been received in violation of law,
equity and good conscience, and
all sales, transfers and conyeyan.
ces, mortgages, liens, attachments,
pledges and securities Of every kind !,
which either in whole or in part shall
have been for or on account of spirit
uous or Intoxicating liquors, shall be
utterly null and void against all per.
sons and in oil cases, and no rights of
any kind shall be acquired thereby;
and in any action either at law or
equity, touching such real or person.
al estate, the purchaser Of such Ii
quors may be o witness for either
party. And no action of any kind
shall be maintained in any court in
this State, either in whole or in part,
for Intoxicating or spirituous liquors
sold in any other State or county
whatever, nor shall any action of any
kind be had or maintained in any
court i'll this State, for the recovery
or possession Of Intoxicating or spir.
ituous liquors or the value thereof.
Sec. II. All the provisions of
this act relating to towns shall be
applicable to cities and plantations;
and those relating to selcct,nen shall
also be applied to the mayor and
aldermen of cities and assessors
of plantations.
SEC. 18. The act entitled "An
Act to restrict the sale Of Intoxicating
drinks" approved August sixth, one
thousand eight hundred and forty
six, is hereby repealed, except the
thirteen sections, from section ten to
section twenty-five inclusive, saving
or reserving all actions or other
proceedings, which are already com.
menced by authority of the same;
and all other acts and parts Of acts
inconsistent with this act are hereby
repealed. This act to take effect
from after its approval by the
governor.
Unrepealed Seotions of the Old Law.
The following are the unrepealed
sections of the Law Of 1S46, re.
ferred to in the lust section of the
new law.
SEC. 10. No action shall be
maintained upon any claim or
demand, whether it be note, account,
bond, order, draft, acceptance, or
other security or evidence whatever,
made, had, or given in whole or in
part, for any wine, brandy, rum or
other strong or spirituous liquors, or
mixed liquors. o part Of which is
spirituous, sold in violation of the
provisions of this act; provided, how.
ever, that this section shall not
extend to negotiable paper in the
hands of holders bona tide, and for
valuable consideration, without
notice expressed or implied, Of the
consideration.
SEC. II. If any payment or
compensation for any such liquor
hereafter sold, in violation Of law,
shall be received by the seller, his
clerk, servant, agent or attorney,
whether in money, labor, or other
property, real or personal, the
amount 80 received shall be held
and considered to have been received
in violation Of law and without
consideration, and held against law
and equity and good conscience, and
may be recovered back, any time
within six years from the receiving
thereof, by the purchaser, his guar.
dian. executors, or administrators,
or by any Of his creditors, such
money in an action for money had
any received, and such labor, goods
or other property in an action