The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1893-01-04


more than five hundred dollars, and i'm
prisoned in the county Jail for not less
than ninety days nor more than one year
for each offence.
DOWN WITH THE CLUB COCKTAIL
Section 81. Every person who shall,
directly or indirectly, keep or maintain,
by himself or by associating or combln-
ing with others, or who shall In any
manner aid, assist or abet in keeping or
maintaining any club room or other
place in which any intoxicating liquors
are received or kept for the purpose of
barter or sale as beverage, or for dis
tribution or division among the members
of any club or association, by any means
whatever, and every person who shall
barter, sell, assist or abet another in bar
tending or selling any intoxicating
liquors so received or kept, shall be
deemed guilty OF misdemeanor, and
upon conviction thereof be punished by
q fine CT not less than one hundred dol
lars nor more than five hundred dollars,
and by imprisonment in the county jail
not less than ninety days nor more than
one year.
Section %. All places where intoxica-
ting liquors are sold, bartered or given
away in violation of this Act, or where
persons are permitted to resort for the
purpose of drinking intoxicating liquors
as beverage, OF where intoxicating
liquors are kept for sale. barter or de-
livery in violation to this Act, are hereby
declared to be common nuisances; and If
the existence Of such nuisance be estab-
lished, either In criminal or equitable
action, upon the Judgment Of Court, or
Judge having jurisdiction, finding such
place to be nuisance, the sheriff, bis
deputy, or any constable OF the proper
county or city where the same is located
shall be directed to shut up and abate
such place by taking possession thereof,
If he has not already done SO, under the
provisions of this Act; and by taking
possession of all such intoxicating liquors
found therein, together with all signs,
screens, bars, bottles, glasses and other
property used in keeping and maintain
ing such nuisance; and such personal
property so taken possession OF shall,
after judgment against said defendant, be
forthwith confscated to the State, and the
owner or keeper thereof shall, upon con-
viction, be adjudged guilty of maintain
ing common nuisance, and shall for the
first offence be punished by fine of not
less than one hundred dollars nor more
than one thousand dollars, or by impris-
onment in the county Jail OF not less
than ninety days nor more than one
year, and for each successive offence be
punished by imprisonmen in the Peni-
tentiary for period not exceeding two
years nor less than one year.
SPOILERS.
Section %. The Attorney General, his
assistant, the circuit solicitor, or any cit
izen of the county where such nuisance
exists or il kept Or maintained, may
maintain an action in the name of the
State to abate and perpetually enjoin the
same. The Injunction shall be granted
at the com mencement of the action in the
usual manner of granting ipjunctions,
except that the affidavit or complaint, or
both, may be made by the Attorney Gen.
eral, his assistant or the solicitor Of tho
circuit, upon information or belief, and
no bond shall be required andif an aff1-
davit shall be presented to the Court or
Judge, stating or showing that intoxica-
ting liquors, particularly describing the
same, are kept for sale, or are sold, bar
tered or given away on the premises, par
ticularly describing the same where such
nuisance is located, contrary TO law, the
Court or Judge shall at the time of grant
ing the Injunction issue his orders, COM
manding the officer serving the writ Of
injunction, at the time of such service,
diligently to search the premises and
carefully to invoice all the articles found
therein, used In or about the carrying on
of the unlawful business, for which
search and invoicing said officer shall re-
ceive the fees now allowed by law for
serving an injunction. If such officer
upon search shall find upon such premi-
ses any intoxicating liquor, or liquors OF
any kind, in quantity going to show 1t
was for the purpose Of sale or barter, he
shall take the same into his custody and
deliver the same to the county sheriff,
who shall securely hold the same to abide
the final judgment (the expenses for
holding to be taxed as part OF the costs
of such action y and such officer shall
also take possession of all personal prop
erty pertaining to such business found on
such premises. 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 faicie evidence of the
nuisance com planned of. Liquors seized
as hereinbetore provided, and the vessels
containing them, shall not be TAX from
the custody Of the officer in possession of
the same by any writ of replevin or 9th
or process while the proceedings herein
provided are pending; and final judg-
N ent in such proceedings In favor of the
plaintiff 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 damages alleged
to arise By reason of the seizure and de-
tention thereof. Any person violating
the terms of any injunction granted In
such proceedings shall be punished for
contempt, for the first offence, by fine
of not less than two hundred dollars nor
more than one thousand dollars, and by
in the county Jail not less
than 80 days nor more than one year. In
case Judgment is rendered In favor Of
plaintiff in any action brought under the
provisions of this section, the Court or
Judge rendering the same shall also rem
der Judgment for reasonable attorneys
fee in such action in favor of the plain
tiff, and against the defendants therein,
which attorneys foe shall be taxed and
collected as the other costs therein, and
when collected paid to the attorney or
attorneys of the plaintiff therein: Pro-
vided, II such attorney be the States at
torney or solicitor, such attorneys fee
shall be paid into the county treasury.
In contempt 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 contempt issues
shall make prima facie case for the
State. The accused may plead in the
same manner as to an Indictment in so
far as the same is applicable. Evidence
may be oral, or in the form of afhdavits,
or both; the defendant may be required
to make answers to interrogatories, either
written 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 sta
ted in the moving papers. The Clerk of
tho Court shall, upon the application of
either party, issue subp@nas for witness
es, and except as above set forth, the
practice in such contempt proceedings
shall conform as nearly aa may tn the
nraotioa i'm the Court of Common Pleas.