The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1874-04-16

during the period when her husband by reason
the proper support of her or them and in any
action brought in accordance with the provis-
ions of this section, the bond of the person
furnishing Intoxicating drinks or liquors shall
be liable for. the damages recovered to the
extent of the penalties thereof, in case the
same cannot be satisfied out of the property OF
the defendant in such action.
SEC. s. Any person who shall be found
drunk, or grossly intoxicated in any street,
highway, public house or public place, shall be
fined upon view of, or upon proof made before
any mayor or other municipal officer or Trial
Justice, not exceeding five dollars, and, If the
same is not paid, imprisonment not exceeding
five days. Any person who shall sell intoxi-
eating liquors to such person, to be drunk on
the premises where sold, whereby the said
person shall become intoxicated, shall, besides
his liability, under section seven ~ of this
Act be liable to pay to the wife, parent, child
or guardian of the person so found intoxicated
the sum of five dollars for every such ofense,
to be recovered in an action of debt before any
Trial Justice having jurisdiction of the person
of the defendant: Provided, That no suit shall
be instituted after ten days from the commits
sion of the ofense mentioned in this section.
SEC. 9. Whenever any riot or breach of the
peace shall occur at or within any tavern,
drinking saloon or other place where intoxica-
ting liquors are sold, the proprietor or keeper OF
such place shall be deemed and taken to be an
alder and abetter in such riot or other breach
of the peace, and shall be liable to be prosecu-
ted and punished as such, unless such person
can show that such riot or other breach of the
peace was not caused by the persons engaged
therein becoming intoxicated on said premises
Sec. 10. 1t shall not be lawful for any per-
son to sell, trade or barter any spirituous or
malt liquors, cider or wine on Sunday, and any
person so doing shall be liable to a fine of not
less than ten dollars, or more than two hun
dred dollars, or Imprisonment for not less than
ten DAYS, or more than TWO months.
SEC. II. The municipal authorities of incor-
porated cities, towns and villages, and the
County Commissioners of counties, shall have
power to grant licenses for the selling of in
toxicating liquors by the quart upon the pay
ment of license fee Of not less than fifty dol
lars; and any person to whom such license is
granted who shall permit such intoxicating
liquors to be drunk upon the premises where
sold shall forfeit his license, and the same shall
not be renewed within q year from the time of
forfeiture. All the provisions of section ten
(lO) forbidding the sale of liquors at certain
times therein mentioned shall be applicable to
the sale of liquors, as provided for in this sec
ton, and like penalties shall be inflicted upon
any person who, under licenses granted in ac-
cordance with this section, shall make sales at
the period therein prohibited: Provided, That
no license shall be granted by the County Com
missioners of any county to any person or
persons recommended or applying for the
same, until the person or persons so recon-
mended or applying shall have first paid the
County Treasurers of the respective counties
the license fee herein authorized, and shall
ppeent the receipt of the Treasurer to the
County Commissioners as evidence OF said
payment, which license fee shall be placed in
the county fund for county purposes.
Sec. IL. 1t shall not be lawful for any apothe-
cary, druggist or other person, to sell, trade or
barter any bitters of which spirituous or malt
liquors are an Ingredient, or any other medlca-
ted liquors, by the bottle, or by the drink, to
any person except upon the prescription OF
regular physician, unless such apothecary,
druggist or other person shall obtain license
to sell such liquors as provided in section
eleven (l1 of this Act, the price of such license
to be not less than fifty dollars: Provided,
That upon obtaining such license, such apothe-
cary, druggist or other person, shall be entitled
to sell other liquors as in case of persons hav-
ing license to sell by the quart. Any apothe-
cary, druggist or ether person violating the
provisions of this section, shall, upon convic-
ton, be subject to the same penalties as are
prescribed by law for persons selling spirituous
liquors under like circumstances without
license.
SEC. 1S. 1t shall be the duty of the Court,
Mayor or municipal authorities of city, town,
or Village, or Trial Justice, before whom any
fine may be recovered in accordance with the
provisions of this Act, to award to the informer
or prosecutor reasonable share thereof for
his time and trouble, but not in any case ex-
ceeding one-third and the residue, as we'll as
the proceeds of all forfeited bonds, shall be
paid to the trustees of the public schools of
the school district wherein the parties convic-
ted reside.
SEC. IA. That all Acts or parts of Acts in
consistent with and repagnant to the provisions
of this Act are, for the purposes of this Act,
hereby repealed.
Approved March 10, A. D. 1874.