Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1893-02-08
NO.. g..

any cltlIcn OF the county Wnerc SUCH
nuisance exists, or is kept or main
tanned, may maintain an action in the
name of the State to abate and per-
petually enjoin the same. The injunc-
tion shall be granted at the commence
ment of the action.i in the usual man.
ner of granting injunctions, except
that the affidavit or complaint, or
both, may be made by the attorney
general, his assistant, or the solicitor of
the circuit, upon information or belief,
and no bond shall be required and if
an affidavit shall be presented to the
court or judge, stating or showing that
intoxicating liquors, particularly de-
scribing the same, are kept for sale or
are sold, bartered or given away on
the premises, particularly describing
the same where such nuisance is loca-
ted contrary to law, the court or judge
shall, at the time of granting the in
junction, issue his orders, commanding
the officer serving the writ of injunc-
ton at the time of such service, dill
gently to search the premises and care
fully to invoice all articles found there
in, used in or about the carrying on
of the unlawful business, for which
search and invoicing said officer shall
receive the fees now allowed by law
for serving an injunction. If such off,
Ger, upon such search, shall find upon
such premises any Intoxicating liquor,
or liquors of any kind, in quantity 60
ing to show it was for the purpose ofsale
or barter, he shall take the same into
his custody and turn over the same to
the sheriff of the county, who shall Sc
curely hold the same to abide the final
Judgment Of the court in the action
the expenses for holding to be taxed
as part Of the costs of the action);
and such officer shall also take posses
sion Of all personal property found on
such premises, and turn over the same
to the sheriff of the county, who shall
hold the same until the final judgment
in the case. The finding of such in
toxicating liquors on such premises,
with satisfactory evidence that the
same was being disposed of contrary to
this act, shall be prima facie evidence
Of the nuisance complained of. Liq-
uors seized as herein before provided,
and the vessels containing them, shall
not be taken from the custody of the
officer in possession of the same by
any writ of replevin or other process
while the proceedings herein provided
are pending; and final judgment in
such proceedings in favor of the plain
tiff, shall, in all cases, be bar to all
suits against such officer or officers for
the recovery of any liquors seized, or
the value of the same, or for damages
alleged to arise by reason of the seiz-
ure and detention thereof. Any per-
son violating the terms of any injunc-
ton granted in such proceedings, shall
be punished for contempt, for the first
otIense by fine of not less than 5000
nor more than 81 900, and by impris-
onment in the county jail not less than
ninety days nor more than one year.
In case judgment is rendered in favor
of plaintiff in any action brought un-
der the provisions of this section, the
court or judge rendering the same,
shall also render judgment for rea-
sonable attorneys fee in such action in
favor of the plaintiff, and against the
defendants therein, which attorneys
fee shall be taxed and collected as the
costs therein, and when collected, paid
to the attorney or attorneys of the
plaintiff therein: Provided, if such at
torney be the States attorney or solic-
itor, such attorneys fee shall be paid
into the county treasury. In con-
tempt proceedings arising out Of the
violations of any injunction granted
under the provisions of this act, the
court, or in vacation, the judge thereof,
shall have the power to try summarily
and punish the party or parties guilty,
as required by law. The affidavits
upon which the attachment for con-
tempt issues, shall make prima facie
case for the State. The accused may
plead in the same manner as to an in
dictment in so far as the same is appli-
cable. Evidence may be oral, or in
the form of affidavits, or both; the
defendant may be required to make
answers to interrogatories, either writ
ten or oral, as in the discretion of the
court or judge may seem proper; the
defendant shall not necessarily be dis
charged upon his denial of the facts
stated in the moving papers. The
clerk of the court shall, upon the ap-
plication Of either party, issue sub
penas for witnesses, and except as
above set forth, the practice in such
contempt proceeding shall conform as
nearly as may to the practice in the
court of common pleas.
Sec. "a. 1t shall be the duty of sher-
ifs, deputy sherifls 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 him the names
Of any witnesses within their knowl-
edge by whom such violation can be
proven. If any such officer shall will
fully fail to comply with the provis-
ions of this section, he shall, upon
conviction, be fined in a sum not
less than 500 nor more than $500;
and such conviction shall be q for
feiture of the office held by such per-
SON; and the court before whom such
conviction, is had, shall in addition to
the imposition of the fine aforesaid,
order and adjudge the forfeiture of
his said office.
Sec. %. No person shall knowingly
bring into this State, or knowingly
transport from place to place within
this State by wagon, cart or other We
hicle, 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 in
tent that the same shall be sold by any
other person, or to aid any other per-
son in such sale, under a penalty Of
$500 and costs for each otfense, and in
addition thereto shall be imprisoned in
the county Jail for one year. In de-
fault of payment of said fine and costs,
the party shall suffer an additional i'm
prisonment of one year. Any servant,
agent or employc of any railroad cor
poration, or of any express company,
or of any persons, corporations or as
sociations doing business in this State
as common carriers, who shall remove
any Intoxicating liquors from any rail
road car, vessel or other vehicle of
transportation, al any place other than
the usual and established stations,
wharves, depots or places of business
of such common carriers, within some
incorporated city or town, where there
is a dispensary, or who shall aid in or
consent to such removal, shall be SUBJ
ject to Il penalty of $50 and imprison-
mcnt for thirty days for every such
otfense: Provided, That said penalty
L.