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

of trover, or in special action 'on
the case, for the value thereof, in
any court proper to try tile same;
and the plaintiff in such action shall,
within three days after the conn
mencement of such suit, give notice
thereof, by filling an abstract of the
declaration with the date Of his
writ, in the Office of the clerk of
the town where the defendant
resides. And when such suit shall
be commenced by q creditor, the
purchaser may be o witness for
the plaintiff, at the trial Of the
action, and such actions and cause
Of action shall survive. ..,.,, I (.
Sec. IL. ALI payment received
within the six years, may be em.
braced in one general count, and
shall allege that the money, or other
thing, was received by the defendant,
for liquor sold in violation Of law, and
amendments may be made to the
writ and declaration; as matter Of
right, and without terms, in any
stage of the proceedings. And
when the defendant shall rely upon
having the legal license, Or upon the
liquor sold having been imported, the
burden Of proof shall be and continue
upon him. The custom.house ccrtifi.
Gates of importation and proofs of
marks On the cask corresponding
thereto, may be received as evidence
that the liquor specified in said cer-
tifcate was once imported in said
cask, but shall not be evidence that
the liquor sold in or from such cask
vas the same liquor once imported
therein. And it shall be no objection
to the suit, that the payment was re-,
ceived for!the joint use of the defend.
ant and any other person or persons,
or that the defendant was under. the
age of ftwenty.onc years, OF married
woman. ,'-.!'
Sec. 13. When the money or 9th.
or thing shall have been received, By
any clerk, servant, agent OF. attorney,
the action may be maintained against
him, if he had knowledge or preyi,
GUS notice that it vas for liquor sold
in violation of law. And If any, &C.
ton which is authorized by this act,
be brought in the district court, and
the plaintiff prevail therein, full costs
shall be allowed, though yshe amount
of damages recovered. be less than
twenty dollars.
Sic. IA. The defendant shall not
be allowed, Oh the trial of any action
against him, under any Of the, provis,
ions of this act, any claims Or dc.
mands he may have against, the
plaintiff or person to whom the liquor
was cold or furnished, either in set
off, payment or otherwise; nor shall
the action of any creditor be defeat
ed by any assignment of the claim
by the purchaser.
SEC. Is. No discharge, release,
receipt, settlement or admission made
by purchaser, shall defeat or hin.
der the suit, if it appear that the
claim allowed to the purchaser by
this act has not been actually paid in
good faith, to its full value and
amount; and the giving negotiable
noto or other obligation, shall not
be deemed payment.
Sec. 16. Any plaintiff suing un-
der the eleventh section Of this act,
may, at the trial, tender his oath in
writing, which shall be received as
evidence, unless the defendant shall
in writing make oath that he Gid not,
within six years before the commence
ment of the suit, receive any pay.
ment or compensation, for any such
wine or strong liquor sold to the
plaintiff, or to any person whom the
plaintiff represents, contrary to the
provisions Of the law, as alleged in
the declaration.
SEC. II. When o plaintiff suing
under any Of the provisions Of. this
act, in order to prove the facts
which he has alleged, shall~wish to
avail himself of the defendants
knowledge, relating to the subsequent
matter of the suit, he may, in his
declaration, ask for q disclosure Of
the same upon the oath of the de.
fendant, in writing, and the disclos.
ure, if made, at the first term Of the
court, or day appointed for the trial,
may be submitted to the court or
jury with the other evidence in the
case; but if the defendant neglects
or refuses to make such disclosures,
or if, when made, it does not ab.
solutely and without qualification de-
ny thas he did sell the liquor and
receive the money or other property
therefor, as alleged in the, deelara-
ton, and prevails in the action, he