The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1893-01-04


OF less than ninety days nor more than
Is one year for each offence.
~ DOWN WITH TEE CLUB COCKTAIL.
Il Section 2l. Every person who shall,
>. directly or indirectly, keep or main
~ fa2- Dy himself or by associatius or
is combining WIN otne1s, or IT, eaa,l s.2.l
70 in any manner aid, assist or abet il
er Keeping or maintaining any club roo,r
rs or other place in which any intaxi
n. eating liquors are received or kept 70,
r. the purpose Of barter or sale as bey.
II erage, or for distribution or division
il among the members Of any club OF
ID association, by any means whatever,
D. ana every person who shall barter,
# sell or assist, or abet another in barter
,e ing or selling any intoxicating liquors
d so received or kept, shall be deemed
" guilty Of a misdemeanor, and upon
). conviction thereof be punished by a
, fine Of not less than one hundred dol
v lars nor more than five hundred dol
q lars, and by imprisonment in the
: county jail not less than ninety days
nor more than one year.
@ Section 22. All places where intoxi-
r eating liquors are sold, bartered or
' given away in violation Of this Act, or
where persons are permitted to resort
q for the purpose Of drinking intoxicat-
, ing liquors as beverage, or where in
tozicating liquors are kept for sale.
barter or delivery il violation of this
Act, are hereby declared to be common
nuisances; and if the existence of such
nuisance be established, either in |
criminal or equitable action, upon the
Judgment OF a Court, or Judge having
Jurisdiction, finding such place to be a |
nuisance, the sheriff, his 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
no 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 maintaining such nuisance; and
such personal property 80 taken pos
session Of shall, after Judgment against
| said defendant, be forthwith confs-
Gated to the State, and the owner or
keeper thereof shall, upon conviction,
be adjudged guilty Of maintaining q
common nuisance, and shall for the
f1rst offence be punished by fine of p
not less than one hundred dollars nor
more than one thousand dollars, or by
imprisonment in the county Jail Of not i
less than ninety days nor more than ]
one year, and for each successive Of
fence be punished by imprisonment in l
the Penitentiary for 3 period not ex- G
ceeding two years nor less than one '
year. is
sPoTTEAs.
Section %. The Acknowledgement. +.
his assistant, the circuit solicitor, or !,
any citizen Of the county where such :
nuisance exists or is kept or main :,
talned, may maintain an action in the :.
name OF the State to abate and perpet- :
ualiy enJoin the same. The injunction
shall be granted at the commencement .
OF the action in the usual manner OF :
granting injunctions. except that the " o"
affidavit or complaint, or both, may be =;
made by the Attorney General, his as :,
sistant, or the solicitor Of the circuit, -
upon Information or belief, and no =. >.
bond shall be required; and if an adi- - -
davit shall be presented to the Court :.
or Judge, stating or showing that in =.
to1icating liquors, particularly de- -
scribing the same, are kept for sale, or ;,
are sold, bartered or given away on -
the premises, describing the same, :,
where such nuisance is located, :,
contrary to law, the Court or Judge - -
shall at the time of granting the in =.
junction issue his orders, command =. ~
ing the officer serving the writ of in -. -
junction, at the time Of such service, >
to search the premises and ~
to invoice all the articles -
ound therein, used in or about tho :
carrying on Of the unlawful business, -. M
or which search and invoicing said Of - ~
1cer shall receive the fees now allowed -
y law for serving an Injunction. II ~,
uch officer upon search shall find upon ~
uch premises any intoxicating liquor, -
" liquors Of any kind, in quantity 60 ~, ~
ng to show it was for the purpose of l., -,
ale or barter, be shall take the same I S
nto bis custody and deliver the same ~
the county sheriff, who shall secure IS IS
= hold the same to abide the final e
Judgment ithe expenses for holding to -
e taxed as part Of the costs Of such ac- ~" a
lon); and such officer shall also take w.
oasession Of all personal property per- A'
aiming to such business found on such az
renises. The finding OF :uch intoxi- w. "
ating liquors on such premises, with W
stisfactory evidence that the same y
as being disposed Of contrary to this 49,, -.
ct, shall be priins facie evidence Of -.
10 nuisance complained OF. Liquors 6
'lzsd rs hereinbefore provided, and ~
10 vessels containing them, shall not -' .ao
taken from the custody Of ths officer AeP =
poasession Of the same by any writ in +
replevin or other process while the
'oceedings herein provided are pend
g; and final judgment au such pro- Is
edings in favor Of the plaintiff shall, par
all cases, be bar to al suits against ~ acc,
ch officer or officers for recovery of we