The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1893-01-05
procure any intoxicating liquors from

sioner. or make any false return to the
county auditor, or use any request for
liq uors for more than one sale, in any
such case he shall be oeemed guilty Of
misdemeanOr, and upon conviction
punished by fine of not less than
soned in the county Jail for not less
than ninetv days nor more than one
year for each offense.
Se; 81. Every pers m who shall, di
rectly or indirectly, keep or maintain.
by himself or by associating or combin-
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
harter or sale as beverage, or for dis.
tribution or division among the mem
bers OF any club association by any
means whatever, and every person who
shall barter, sell, or assist or abet an
other in batering or selling, any intoxi-
eating liquors 80 received or kept, shall
be deemed guilty Ot a misdmeanor, and
thereof, for the first offense, be punished
10y fine of not less than one hundred
dollars nor more than five hundred dol
lars, and by imprisonment in the coun-
ty Jail not less than ninety days nor
more than one year.
Sec. %. All places where intoxicat
ing 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 Ii
quors as beverage, or where irtoxicat
ing liquors are kept for sale, barter or
delivery ain violation of this act, are
hereby declared to be common nuis-
auces; and ii The existence of such NUS
ance te established, either in criminal
or equitable action, upon the Judge
ment of court, or judge having juris-
dlcIion, finding such place to be NUS
anc", 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, 1T he
has not already done so, under the
provisions Of this act; and by taking
possession of all such intoxicating H.
qnors 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 possession
of shall, after judgement against said
defendant, be forth with cOntiscated to
the State, and the owner or keeper
thereof shall, upon conviction, be ad.
Judged guilty of maintaining Il c,m-
mon nuisance, and shall, for the first
otfense. be punished by a inc of not less
than 800 nor more than 3 600, or by
impris )nment Ill the county jail Of not
than ninety days nor more than one
year, and for each sue :e5Sive OtfenSe be
punished by Imprisonment in the
penitentiary for i p-riod not exceeding
two years nor less than one year.
Sec. 23. The Attorney General, the
FNf
county where such nuisance exists, or
Is kept or maintained, may maintain
an action in the name of the Slate to
aba.e and perpetually enjoin the same.
The Injunction shall be granted at the
commencement of the action In the
usual manner OF granting injunctions,
except that the 9tlidavlt .r complaint,
or both, may be made by tie Attorney
General, his assistant or the solicitor |
OF the circuit, upon information or be- |
lief, and no bond shall be required: and |
IT an affidavit shall be presented to the |
court or judge, stating or showing |
describing the same. are kept for sale,
or are sold, bartered or given away on
the premises, particularly describing
the same where such nuisance Is lOc9t-
ed. contrary to law, the court or ldge
must 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 search the premises and care.
fully 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
receive the fees now allowed by law
for serving an Injunction. If such Of
lnn oh hnh fnI
such premises any Intoxicating liquor,
or liquors of any kind, in quantity 60
ing to show it was for purpose Of sale
or barter, he shall turn the sane over
to the sheriff Of the county 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 &C.
tion); and such eflicer shall also take
and mold pos session of all personal |
property found on such premises. The
finding of such Intoxicating liquors on |
such premises, with satisfactory evi. |
dence that the same was being disposed |
OF contrary to this act shall be Trinn
fncie evidence of the nuisance com.
planned of. Liquors seized as herein
before provided, and the vessels con-
the custody of the officer in possession
of the same 10y any writ of replevin or
other process while the proceedings
herein provided are pending; and final
judgment in such proceedings in favor
of the plainJltf. shall, IN all cases, be a
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 detention thereof. Any
person violating the terms Of any in
junction granted in such proceedings
shall be punished for contempt, for the |
first Offense. by a 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 wear. In case
judgment Is rendered in favor Of plain
tiff in any action brought under the
provisions of this section, the court or
judge rendering the same shall also rem
der judgment for a reasonable attor-
ney's fee in such action in favor Of the
plaintiff, and against the defendants
therein. which attorneys fee shall be
taxed and collected as the other costs
therein. and when collected and paid
to the attorney or attorneys of the
nj Ioi