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

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of each kind Of liquor on hand, manu-
factured or disposed Of during the
quarter, and If the said report fail to
correspond with the return Of said
distillery to the United States Internal
Revenue Collector for this State, or 1t
Is shown that said manager has dis
posed of liquor contrary to this Act,
said distillery shall be deemed to be a
comm on nuisance, and the said mana
ger and his a!ders and assistants and
the premises shall be proceeded against
as in this Act provided as to places
where liquors are sold contrary to this
Act.
Sec. q. Ia all cases of pllcss where
liquors are unlawfully kept or stored,
the same not being in an open house or
exposed to view, and a search being
necessary, upon affidavit to that effect
or on information and belief that con-
traband liquor is In such place,a search
warrant snail be issued by Justice,
Judge or Trial Justice, or Mayor or
Intendaut of city or town, to whom
application Is made, weripg con-
stable, or any person who may bs dep
utized, to enter the said place by day
time or In the night time and to search
and examine the said premises for the
purpose of seizing the said contraband
liquors therein concealed, kept or
stored, which said liquor when so selz.
ed shall be disposed OF as hereinafter
provided.
Sec. 25. That any of the liquors set
forth in Section one U of this Act,
,h o,a oonf rohood NOV ho oo;1oi
and taken without warrant by any
State constable, sheriff or policeman,
while In transit or after arrival, ,wheth-
or in possession of q common carrier,
depot agent, express agent, private per-
son, firm, corporation or association,
and reported to the State Commission.
or at once, who shall dispose of the
same as hereinafter provided: ProVi.
ded: That liquors purchased outside
the State, owned and conveyed as per-
sonal baggage, shall be exempt from
seizure when the quantity does not ex-
ceed one gallon.
Sec. 26. That the possession Of said
illicit liquors Is hereby prohibited and
declared unlawful, and any obligation,
note or Indebtedness contracted In
their sale or transportation Is declared
to be absolutely null and void, nor shall
any action or suit for the recovery Of
the same be entertained in any court In
this State.
Sec. q. That the proceeding against
liquor so illegally kept, stored, sold, de-
liVered, transported or being transport
ed, shall be considered proceeding in
rem, unless otherwise herein provided
elsewhere than at his or her residence.
Sec. %. That the carriage, transpor-
tation, possession, removal, sale, de-
livery or acceptance Of any OF the said
liquors or liquids In any package, ,cask,
Jug, box or other package, under any
other than the proper name or brand
known to the trade as designating the
kind and quality Of the contents of the
casks, packages or boxes containing the
same, or causing such removal, accept
ance, transportation, taking into pos.
session, or any such delivery, shall
work the forfeiture of said liquors or
LIQUID and casks or packages, and the
person or persons so offending, knowing
ly, be subject to pay a fine Of not more
than five hundred dollars or tmprlson-
ment for the term Of not longer than
six months, and the wrongful name,
address, mark, stamp or style on such
liuuor when seized shall be considered
evidence prima facie of guilt. The
books and waybills Of the common car
rier may be examined to trace said II
quor to the shipper, who shall be liable,
upon conviction, in like penalty.
Sec. 29. That all Constables, Deputy
Constables, Sheriffs or Municipal po-
lieemen, shall have the right, power
and authority, and it shall be their du-
ty, whenever they are Informed or sus'
psct that any such suspicious package
in possession of a common carrier con-
tains alcoholic liquors or liquids, to de-
tain the same for examination for the
term of tWenty.four hours without any
warrant or process whatever.
Sec. 80. That any interference by any
person with obstruction or resistance
of, or abusive language to any officer
or person in the discharge Of the du-
ties herein enjoined or the use of sbu-
siye language by any such officer or
person to any other person or persons
shall, upon conviction, be deemed gull
ty of misdemeanor and be punisha-
bic by a fine Of not more than one hun
dred dollars or imprisonment for the
term of not more than thirty days.
Sec. 81. In all cases of seizure Of any
goods. wares or merchandise hereafter
or here tofore male, as being subject to
forfsitu re under any provision OF this
Act or the former Act, which, In the
opinion of the officer or person making
the seizure are of the appraised value
of fifty dollars or more, the said officer
or person shall proceed as follo
First. He shall cause a list containing
q particular description OF the goods,
wares or merchandise seized to be pre-
pared in duplicate and appraisement
thereof to be made by three sworn ap-
praisers, to bs selected by him, who
Shall be respectable and disinterested
citizens Of the State Of South Carolina
residing within the county wherein
the seizure was made. Said list and
appraisement shall be properly attested
by the said officer or psrson and the
appraisers, for which ser vice each of
the said appraisers shall be allowed the
sum of one dollar to be paid by the
State Commissioner.
Second. If the said goods are believed
by the officer making the seizures to be
of less value than fifty dollars, no ap.
praisement shall be made. The said
officer or person shall proceed to pub
lish notice for three weeks, IN writing
at three places In the county where the
seizure was made, describing the artl-
cles and stating the time and place and
cause of their seizure, and requiring
any person claiming them to appear
and make such claim within thirty
days from the date of the first publica-
tion Of such notice.
Third. Any person claiming the liq.