The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1896-02-26
n1spENsARY COMMISSIONER.

|
duties and compensation ofa commits
sioner of the dispensary and of aStat
board of control and to further regu
| late the sale of intoxicating liquors il
the counties and prescribe further pen
allies for violation of the dispensar,
laws as ordered to third reading
reads as follows:
Section 1. That at the next genera
election there shall be elected by tn,
qualified electors of this State an addi
tial officer to be known as the com
missioner of the dispensary, to holt
office fo1 term of two years and un
til his successor shall be elected ant
qualified, upon whom, with the boart
of control hereinafter provided to b,
appointed, shall devolve all the pow
ers, duties, responsibilities and liabil
tiles of the management of the laws o.
the State as to alcoholic or spirituous o.
malt liquors or wines, generally
known as the dispensary laws; sale
commissioner to receive a salary o.
81, 800 per annum, to be paid from the
profits of the dispensary.
Sec. 2. That the general assembly Al
its next session shall elect five mem
bers of a board Of control, competent
and qualified electors of this State
who, with the commissioner of the dis
pensary as their chairman ex oficio
shall constitute and be known as the
State board of control, who shall Sc
lect their chairman and as such have
the powers, control and management,
and be subject to all the responsible
ties now provided by law for the reg
ulation and control of the use, sale
consumption, transportation, disposi
ton, receipt, delivery, storing or man
ufacture of alcoholic, spirituous ol
malt liquors or wines, generally
known as the dispensary laws, said
five members to hold office for terms
of one, two and three years, and un
til the appointment of their success
ors; said successors IN Office to be cleo
ted Immediately upon the expiration
of each said terms by the general as
sembly of this State then in session,
and with all future successors in Office
to be elected for terms of three years
respectively, each position to be filled
Immediately on the expiration of the
incunbent's term by the general as
sembly of this State then in session
And if by reason of the death or resig
nation of a member or members there
occur at any time q vacancy or vacan
cies in said board of control, the gov
ernor shall appoint substitute or sub
stitutes who shall serve out the unex
pired term. The said board shall meet
at least once a month in the city ol
Columbia, at the Office of the commits
sioner of the dispensary, and oftener
on call of the chairman, and each
member shall receive the same mileage
and per diem as member of the gen
eral assembly for actual days of SER
vice and actual miles of necessary
travel in the discharge of the duties ot
the Office, to be paid from the profits
of the dispensary.
Sec. 8. The State board of control
shall elect clerk, who shall receive
as compensation for his services sal.
ary of $500 per annum, to be paid
from the profits of the dispensary.
Sec. 4. That on information given
to the county board of control that
any county dispenser has, in violation
of his oath of Office, sold or furnished
intoxicating liquors to any minor, in.
toxicated person or person who is in
the habit of becoming intoxicated, or
has failed to make full and accurate
returns as required by law, showing
the true signature to every request for
liquor by him received and granted
that on such information given it shall
be the duty of the solicitor, on due
notice from the said county board of
control, to bring suit in the name Of
the county for 5000 damages on the
bond of the said county dispen-
ser, against the principal and su.
reties of said bond. for which
said principal and sureties shall be
liable jointly and severally, together
with all costs and judgments pertain,
ing to the suit. And on judgment
given against him the said county dis.
penser shall be Immediately deprived
af his Office as dispenser and his prin-
ctpal and sureties aforesaid shall re.
main further liable, jointly and sever
ally, to the extent of their bond, to all
civil damages, costs and judgments
which may be obtained against the
principal in any civil action brought
by wife, parent, guardian, employer
or other person under the provisions
of the law; provided, that if the said
county dispenser do show to the salts
faction of a jury that the said intoxi-
eating liquor was obtained from him
by the infant, intoxicated person or
persons in the habit of becoming in
toxicated by fraudulent and deceitful
representations, said county dispenser
shall have judgment and the person
making such fraudulent and deceitful
representation shall be guilty of a mis-.
demeanor and be fined not less than
5000 or imprisonment for not less than
six months.
Section 5. That this act shall be a
public act and shall go into effect i'm
mediately upon its approval by the
governor. and that all acts or parts OF
acts inconsistent with this act be and
are hereby repealed.
Ten Thousand for an Eye.
ALBANY, N. Y, Feb. 18.-The Court
of Appeals today affirmed the decision
of the lower court in the case of James
Fl. Swinarton of Chicago against La
Boutillier Bros. of New York. While
Mrs. Annie E. Swinarton was making
a purchase in the defendants store,
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