The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1894-01-02

by himself, or by associating, or com
bining With others, or who shall in an
manner aid, assist or abet in ,keepin
or maintaining any club room or othe
piaceiin which any Intoxicating liquor
are received or kept for use, lbarte
sale as a'beverage, or for distribut.ul
or division among the members of an,
club or association by any means, what
ever, and every person who shall re
ceive, barter, sell, assist or abet an
other in receiving, barteiing or selling
any alcoholic liquors SO. received OF
kept, shall be deemed guilty of u mis-
shall be punished by fine not to ex
ceed one hundred dollars or thirty
days Imprisonment Provided, That
The State Board of Control sbtll have
| the power, upon a proper showing 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 tho
Dispensary, by tho bottle. either night
or day, among the bona fido guests of
such botel; but before any such eXemp-
tion shall be granted the State Board
OF Control shall require the manager
of such hotel to give u, good and ,sutfici-
ont bond in the penal sum III three
thousand dollars, conditioned for tho
observance of all the rules, regulations
and restrictions prescribed and i'm
posed by the said board andiwith all
the requirements of this Act = and it
shall be lawful for any constable or
officer thus empowered UNDER is Act
TO enter such hotel and search IT at any
M nj orb tutf
for contraband liquors. -.
Sec. %. All places whore alcoholic
liquors age sold, bartered or given
away violation of this Act, or whore
persons are permitted to resort for the
purpose of drinking alcoholic LIQUORS
as beverage, or where alcoholic
liquors are kept for sale, barter or de-
livery in violation Of this Act, are
hereby declared to be common nuis-
ances, and any person may go before
any trial Justice in the county and
swear out an arrest warrant, on per-
,sOnal knowledge or on information and
belief, charging said nuisance, giving
the names of witnesses against the
keeper or manager of such place and
his aids and assistar IS, if any, and such
trial justice shall direct such arrest
warrant either to the sheriff of the
county ~ to any special constable,
commanding said defendant to be ar
rested and brought before him to be
dealt with according to law. and at the
same time shall issue s1arch war
rant. in which the premises in ques-
tion shall be particularly described,
commanding such sheriff or constable
to thoroughly search the premises and
to seize all alcoholic liquors found
thereon, and dispose of them as pro-
vided in section 33, and shall also seize
all vessels, bar fixtures, screens,
bottles. glasses and appurtenances APP
parehtly used or suitable for use in re-
failing liquors., to make a complete in
ventory thereof, and deposit the same
with the sheriff. That under the ar
rest warrant the defendant shall be ar
rested and brought before such trial
Justice and the case shall be disposed
OF as jn case of other crimes beyond his
jurisdiction, except that when he com
mits or binds over the parties for trial
to the. next term of the court of gen
eral sessions for the county he shall
make out every paper in the case in
duplicate and file one copy of the pro.
ceedings with the clerk of the court
for the county and immediately trans
nit the other copy>to the solicitor of
the circuityi whereupon said solicitor
shall at once apply to the circuit Judge
at Chambers within that circuit, for
an order restraining the defendants.
their servants or agents from keeping,
receiving, bartering, selling on giving
away any alcoholic liquors until the
further order Of the court. Such cir
cult Judge is hereby authorized, Fem-
powered afidsrequired to grant the said
*
bond or undertaking upon the hearing
or receipt by him of said papers from
the said trial justice by the hands Of
the solicitor; and any violation of said
restraining order, before the trial of
the case, shall be deemed a contempt
of court and punished as such by said
Judge or court, as for tho violation of
an order of injunction. Upon convic-
tiOn of said defendants of maintaining
said nuisance at the trial, thcy, or any
of them, shall be deemed guilty OF Il
misdemeanor, punishable by imprison-
ment in the State Penitcntiary for a
term of not less than three months. or
q fine Of not less than two hundred
dollars, or by both, in the discretion of
the court. and the restraining order
shall be made perpetual. The articles
covered by the inventory, which wcrc
retained by the sheriff, shall be forfeit
ed to the State and sold and the net
proceeds sent to the State Commis-
si0ner, and the sheriff Shall forthwith
proceed to dispose of the alcoholic
liquors covered by the Inventory as
provided for inIthis. Act as when other
liquors are seized. The finding OF such
alcoholic liquors on such premises,
with satisfactory evidence that the
same was being disposed of contrary to
this Act, shall be prima facie evidence
of the nuisance complained of. Liquors
seized as hen einbcfore provided. and the
vessels containing 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 hercin provided are pend
ing. No suit shall lie for damages
alleged to arise by seizure and dcten-
tion Of liquors under this Act
Any person violating the terms of
any restraining order granted in such
proceedings shall be punished for con-
tempt by a fine of not less than two
hundred dollars nor moro than one
thousand dollars, and by imprisonment
in the State Penitentary not less
than ninety days nor more than one
year.
In contempt proceedings arising out
hn Tlnln .f