The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1894-01-03

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liquors are sold, bartered or given away
in violation of the Act, or where per-
sons are permitted to resort for the pur-
pose of drinking alcoholic liquors as
q beverage, of where alcoholic liquors
are kept for sale, barter or delivery IN
violation OF this Act, are hereby de-
clared to be common nuisances, aad
any person may 60 before any Trial
Justice in the County and s~ears out
and arrest warrant, on personal
knowledge or on information and be-
lief, charging said nuisance, giving the
names of witnesses against the keeper
CT manager of such place and his aids
and assistants, if any, and such Trial
Justice shall direct such arrest warrant
either to the Sheriff of the county or to
any special constable, commanding
said defendant to be arrested and
brought before him to be dealt with &C.
cordilg to la1, and at the same time
shall issue search warrant, in which
the premises IN question shall be par
ticularly described, commanding such
Sheriff or constable to thoroughly
search the premises and tc seize all al
coholic liquors found thereon, and dis
pose of them as rroYiled in section 80,
and shall also seize all vessels, bar fix
lures, screens, bottles, glasses and ap-
purtenauces apparently used or suit
able for use in retailing liquors, to
make a complete inventory thereof,
and deposit the same with the Sheriff.
That under the arrest warrant the de.
fendant shall be arrested and brought
! before such Trial Justice and the case
shall be disposed of as in case of other
crimes beyond his jurisdiction, except
that when he commits or binds over
the parties for trial to the next term
of the Court of General Sessions for
the county he shall make out every
paper in the case in duplicate and hle
one copy of the proceedings with the
| CLERK Of the Court for the
| county and Immediately trans
NIT the other copy to the Soltc-
1tor of the circuit Whereupon
said Solicitor shall at once ap-
ply to the Circuit itJudge at Chambers
within that circuit, for at order re-
straining the DESCENDANTS, their ser
wants or agents from keeping, receii ing
bartering, selling or giving any alco:
holic liquors until the further order Of
the court. Such Circuit judge is here,
By authorized, empowered and required
to grant the said restraining order
without requiring bond or undertak-
ing upon the hearing or receipt by him
of said papers from the said Trial ustic
By the hands of the Solicitor; and any
violation of said restraining order be-
fore the trial of the case shall be deem.
ed a contempt of court>and punished
as such by said judge or court, as for
the violation of an order of INJUNCTION.
Upon conviction of said defendants OF
maintaining said nuisance at the trail
they or any ofthem shall be deemed
guilty of mis1emeanar, punlshable e
| by Imprisonment in the State Penlt-
entlary for term Of lot less than
three months, or fine of not less than
two hundred dollars, or by both, IN the
discreation of the court, and the restra-
ining order shall be made perpetual.
| The articles covered by the inventory,
which were retained ry the Sheriff,
shall be forfeited to the State and sold
and the net proceeds sent to the State
Commissioners, and the Sheriff shall
forthwith proceed to dispose CT the
alcoholic liquors covered by the lnVea-
tory as provided for in this Act as
when other liquors ale seized: The
finding of sucn alcoholic llq Iors on
such premises, with satisfactory EVIL
dence that the same was being dlSpnS.
ed of country to this Act, shall be
priama facIe evldance Of the nuisance
com Dlained of. Liquors seized as here
inbeIore provided aad the Vessels con :
tanning them, shall no5 be taken fro 10
the custody Of the officers ia possession
of the same by any writ Of replevln or
other process while the proceedings
herein provided are pending. No suit
shall lie for damages alleged to arise by
seizure and detention Of liquors under
this Act.
Sec %. Any porSon violating the
terms anyrestralnlng order granted IN
such proceeding shall be punished foJ
contempt by fine OF not less than Two
hundred dollars nor more than one
thousand dollars, and by Imprisonment
in the State PenlLentiary lot less tnan
ninety days nor more than one year.
In contempt proceedings arising out
of the voration of any nJunctlon
granted under the provision OF tins
Act, the court, or, IL vacation tae
Judge thereof, shall have power to
summartly and punish the party or
parties guilty, as required by law.
The afidavits upon which the attach
ment for contempt issue shall make a
prima facie case for the State. The
accused may plead IN the same manner
as to an Indictment 10 50 Tar as tae
same is applicable. Evidence may %
oral or in the form OF affidaVits, or both
the defendant may be required to make
answers to inte7roga:orleS, either Wrls-
ten or oral, as 10 the court or Judge
may seem proper; the defendant shall
not necessarily be discharged upon
his denial of the fact stated in the
moving papers. The Clerk of the Court
shall, upon tie application of either
party, issue 5ubpoenas for witnesses,
and except as above set forth the
practice in such contempt proceedings
shall conform as nearly as may to the
practice in the Court OF Common PlaaS
The State Com missioner, under rules
and regulations provided by the State
Board Of Control, may enter into con-
tracts with responsible craps growers
| in this State for the sale OF domestic
vines through the Dispeasary. so as TO
encourage grape growing in this State
and il furtherance Of this object not
more than ter per cent. profit to the
Dispensary over the expenses OF bot.
tling, labelling, freightage, etc., shall
be charged for the handling OF sucn
winess
The manager of every registered dis
/ tllleCYasf liouOr in this STATE shall rel