The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1894-01-24

manner aid assist or abet In keeping OF
maintaining any club room or other
place in which any intoxicating liquors
are received or kept for use barter OF
sale as a beverage or for dtstrlb alton OF
division among the members OF any
club Of association by any means what
ever, and every person who shall receive
barter, sell, assist or abet another IN
receiving, bartering or selling any al
coholic liquors 30 received or kept
shall be deemed guilty of misdeme,
amor, and upon conviction thereon shall
be punished by a fine not to exceed one
hundred dollars or thirty days imrrison
lnent: Provided, that the State Board
of Control shall have the power, show
ing and under such rules as they may
adopt, to exempt hotels where tourists
or health-seekers resort, from being
considered nuisances or as violating
this Act by reason of any manager OF
such hotels dispensing liquors bought
from the Dispensary, by the bottle,
either night or day, among the bona
fde guests of such hotel; but before
any such exemption shall be granted
the State Board of Control shall require
the manager of such hotel to give q
good and sufficient bond In the penal
sum of three thousand dollars, condit.
ioned for the observance Of all the rules
regulations and restrictions prescribed
and imposed by the said board and
with all the requirements OF
this Act; and it shall be law
full for any constable or officer thus
empowered under this Act to enter
such hotel and search it at any time,
day or night. without a warrant for
contraband liquors.
Sec. %. All places were alcoholic
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
8 beverage, Of where alcoholic liquors
are kept for sale, barter or delivery ID
violation of this Act. are hereby de.
clared to be common nuisances, and
any person may 90 before any Trial
Justice In the County and swears out
and arrest warrant, on personal
knowledge or on information and be.
lief, charging said nuisance, giving the
names of witnesses against the keeper
or 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.
cording to law, and at the same time
shall issue 8 search warrant, IN which
the premises In question shall be par
ticulsrly described, commanding such
Sheriff or constable to thoroughly
search the premises and to seize all al
coholic liquors found thereon, and dis.
pose of them as FroVi'led in section IS,
and shall also seize all vessels, bar hx-
lures, screens, bottles, glasses and ap-
purtenances apparently used or suit.
able for use In retailing liquors, to
make a complete inventory thereof,
and deposit tile 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 file
one copy of the proceedings with the
(yIerk of the Court for the
county and Immediately trans
NIT the other copy to the Solic.
1tor of the circuit whereupon
said Solicitor shall at once ap-
ply to the Circuit Judge at Chambers
within that circuit, for at order re-
strainlng the descendants, their ser
wants or agents from keeping, receiving
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 Justic
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 tho trail
they or any ofthem shall be deemed
guilty of a misiemeanar, punishable
bY Imprisonment in the State Penlt-
entlary for a term of not 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-
lining order shall be made perpetual.
The articles covered by the inventory,
which were retained by the Sheriff,
shall be forfeited to the State and sold
and the net proceeds sent to the State
Commissioner, and the Sheriff shall
forthwith proceed to dispose Of the
alcoholic liquors covered by the invea-
tory as provided for! In this Act as
when other liquors are seized: The
findlng of such alcoholic liquors on
such premises, with satisfactory aYl-
dence that the same was being dispos-
ed Of country to this Act, shall be
priams facIe evidence of the nuisance
of. Liquors seized as here
inbefore provided and the vessels con-
tanning them, shall not be taken from
the custody Of the officers In possession
of the same by any writ Of replevin 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.
Sac. % Any psrson violating the
terms anyrestraining order granted in
such proceeding shall be punished fol
contempt by fine of not less than two
hundred dollars nor more than one
thousand dollars, and by imprisonment
In tbo Stota panitentiary not less than