The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1892-12-28


| Gated, shall be directed TO shut up andsabate
such place by taking possession thereoi II ne
!, has not already done so, under the provisions
Of this act; and by taking possession OF all
such intoxicating liquors found therein, to-
, gether with all signs, screens. bars. bottles,
! glasses and other property used in Keeping
and maintaining such nuisance; and such
/. personal property 80 taken possession OF
. shall, after judgment against said defendant I,
he forthwith confiscated to the State, and the
owner or keeper thereof shall, upon conVic-
tion, be adjudged guilty OF maintaining a
common nuisance. and shall. for the first Of
tense be punished by a fine OF not less than
Sl0O nor more than 81 600, or by Imprisonment
In the county jail of not less than ninety days
nor more than one year. and for each success
siye offense be punished by imprisonment In
the penitentiary for period not exceeding
two years nor less than one year.
THE ALLEGED KEEPER OF BLIND TIGER"
TO BE sUMMARILY DEALT wITH-HE IS
i PRESUMED TO BE GUILTY.
sec %. The Attorney General, the circuit
solicitor or any citizen OF the county where
such nuisance exists, or Is kept or maintain.
Il ed, may maintain an action In the name OF
the state TO abate and perpetually eptoin the
same. The injunction shall be granted at the
commencement of the action In the usual
manner Of granting injunctions. except that
I the affidavit or complaint or both, may be
made by the Attorney General, his assistant
or the solicitor Of the circuit, upon informa-
tion or belief, and no bond shall be required;
ana III al df1lQ6NlG Sudll Oo plCoChpCu " taS
court or Judge, stating or showing that intox-
licating liquors, particularly descr ibing same,
are kept, for sale, or are sold, oartered or
given, away on the premises, particularly ;,
describing the same where such nuisance ls
located. contrary 10 law, the court or Judge
must at the time of granting the Injunction
issue his orders, commanding the officer serv-
ing the wri: Of injunction, at the time OF such
service, diligently search the premises and
carefully invoice all the articles found there
in, used In or about the carrying on CT the
unlawful business, for which search ana In
voicing said officer shall receive the fees now
allowed by law for serving an Injunction. II
such officer upon search shall find upon such
premises any intoxicating liquor, or liquors
Of any kind, In quantities going 10 81 snow SS.II II
i turn the same over to the sheriff Of the coun-
ty to abide the final Judgment Of the conrt In
the action Qhe expenses OF holding to be tax.
ed as part Of the costs Of the actlonG and
such officer shall also take and hold posses
sion OF all personal property found on such
| premises. The finding Of such intoxicating
liquors on such premises, with satisfactory sa9 J,
contrary TO this act, shall be p'fnd Jacte eyi
dence OF the nuisance complained or L.
quors seized as hereinbefore provided, and the
from the custody OF the officer In possession
of the same by any writ OF replevin or other
process while the proceedings herein provid-
| ed are pending; and final judgment In such
proceedings in favor Of the plaintif: shall, in
| all cases, be bar to all suits against such
officer or officers for recovery OF any liquors
seized, or the value Of the same. or for DAM
ages alleged to arise by reason OF the seizure
and deten tion thereof. ANY person violating
the terms OF any Injunction granted In such
proceedings shall be punished for contempt,
for the first olfense, by fine OF not less than
two hundred dollars nor more than one
| thousand dollars, and by imprisonment In
the county Jail not less than ninety days nor.
more than one year IN case 5uagment, o,oa Is
brought under the provisions OF this section,
the court or Judge rendering the same shall
also render judgment for reasonable attor-
ney's fee In such action In favor OF the plain
| titt and against the defendants therein,
which attorneys fee shall be taxed and coll
lected as the other costs therein and when
collected and paid to O. the attorney ys or sttor
such attorney be the States attorney or solic-
itor, such attorneys fee shall be paid into The
county treasury. IN contempt proceedings
arising out OF the violation Of any injunction
| granted under the provisions OF this act, the
| court, or, in vacation, the judge thereof shall
/ have the power 10 try summariiy and punish
law. The atildavits upon which tie attach
ment for contempt issues shall make prtmd
hncie case for the State. The accused may
plead in the same manner as TO an lndlct'
| inent in so far as the same Is applicable. EV-
idence may be oral. or In the form OF afhda.
Wits, or both the defendant may be required
\ to make answers to interrogatives, either
written or oral, as in the discretion OF the
| ant shall not necessarily be discharged upon
his denial OF the facts stated In the moving
papers The clerk OF the court shall, upon
the application Of either party. issue suope.
| forth the practice In such contempt proceed
/ ings shall con form as nearly as may TO the
practice in the court OF Common Pleas.
THE DUTY OF sHERIFFs AND THE DEPUTIES
| AS TO "BLIND TAGERs''-THEIR OFFICES
MAY BE FORFEITED ON FAILURE
| TO DO THEIR DUTY.
| Sec. "a. It shall be the duty OF sherlffs
deputy sheriffs and constables having notice
OF the violation Of any OF the provisions OF
this act to notify the circuit solicitor Of the
| fact of such violation, and to furnish MIN the
names OF any witnesses within their know
| ledge by whom such violation can be proven
| II any such officer shall willfully fail to COM
ply with the provisions Of this section, he
Shall. upon conviction, be fined in sum not
less than one hundred dollars nor more than
five hundred dollars; and such conviction
shall be forfeiture OF the Office held by such
viction Is had shall, In addition to the impo-
sition of the fne aforesaid. order and adjudge
the forfeiture OF his said office.
THE TRANSPORTATION OF wHIsKEY INCURs
PENALT1Es-wHIsKE NAY BE SEIZED.
Sec 25. No person shall knowingly bring
into this State, or knowingly transport from
place to place within this State by wagon,
cart or other vehicle or by any other means
or mode Of carriage, any intoxicating liquors
with the intent TO sell the same In this State
in violation OF law, or with Intent that the
| same shall be sold by any other person, or to
aid any other person In such sale, under
penalty OF $500 and costs for each ofense, and
county Jail for one year. In default OF pay
fnent OF said fine and costs the party shall
/ suffer an additional imprisop ment for one
year. Any servant. agent or employee OF any
rail- corporation. or of any express COM
pany, or of any persons, corporations or asso-
, Citations. doing business In this State as COM
mon carriers, who shall remove any intoxi,
eating liquors from any railroad car, vessel
or other vehicle OF transportation, AZ any
place other than the usual and established
stations, wharves, depots or places OF business
porated city or town. where there is dispen-
sary. or who shall MD IN pr consent 10 such
removal, shall be su' iccl To penalty OF $50
and imprisonment r. thirty days for every
such offense: Prov IIpd, hat said penalty
shall not apply TO any liquor In transit when
changed from car to car tb facilitate transpor-
tution. All such liquors Intended for unlaw-
ful sale In this State may be seized In trans
mi and proceeded against as II 1t were un-
lawfully kept and deposited In any place
| And any steamboat, sailing vessel, railroad,
or express company, or other corporation,
j knowingly Transporting or bringing such IL
ouor into The State, shall be punished upon
conviction by fine Of five hundred dollars
and cost for each otiense: & knoWiedse on, on tne m
nv shall be deemed knowledge OF the compa-
! ny.
coNsTABLEs TO ENFORCE THIS LAW, AND
HEREIN Is THE KEY TO THE WHOLE THING.
Sec. &C. The Governor shall have power to
appoint constablcs, at the compensation of
- for each day of actual services, to euforce
| The provisions of this act.
i Sec. q. No law now In effect prohibiting
| the sale OF intoxicating liquors In any Of the
counties or towns OF this State Is repealed by
tl,iS onf