The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1896-03-25

tillery shall be deemed to be com
mon nuisance and the said manage
and his aiders and assistants and tht
premises shall be proceeded against a.
in this act provided as to places where
liquors are sold contrary to this act.
Sec. "a. In all places where liquors
are unlawfully kept or stored, tht
same not being in an open house OF
exped to view, and search being
necessary, upon affidavit to that ell
feet or on information and belief tina
contraband liquors are in such place
a search warrant may. he issued by
a justice, judge or magistrate, or may
or or intendant of a city or town, tc
whom application is made, empower
ing a constable, or any person who
may be deputized, to enter the said
place by day time, or in the night
time. and 10 search and examine the
said premises for the purpose of seiz
ing the said contraband liquors there.
in concealed, kept or stored, which said
liquor when so seized shall be disposed
of as hereinafter provided.
Sec 25. That any of the liquors set
fourth in Section one W of this act
which are contraband, may b. seized
and taken without warrant by any
constable. sheriff or policeman while
in transit or after arrival, whether in
possession of common carrier, depot
agent, express agent, private person,
firm corporation or association, and
reported to the State commissioner at
once, who shall dispose Of the same as
hereinafter provided: Provided, That
liquors purchased outside the State,
owned and conveyed as personal bag
gage, shall be exempt from seizure
when the quantity does not exceed one
gallon.
Sec. 26. That the possession of said
illicit liquors is hereby prohibited and
declared unlawful, and any obliea-
ton, note of indebtedness, contracted
in their sale or transportation is de-
clared to be absolutely null and void,
nor shall any action or suit for the re-
covery Of the same be entertained in
any court in this State.
Sec. 81. That the proceedings against
liquor so illegally kept, stored, sold,
delivered. elsewhere than at his or her
residence, transported or being trans
ported, shall be considered a proceed
ing in rem, unless otherwise herein
provided.
Sec. 90. That the carriage transpor-
tation, possession, removal, sale, de-
livery or acceptance of any of the said
liquors 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 the causing Of such car
riage, transportation, possession, re-
moval, sale, delivery or acceptance,
shall work the forfeiture of said IL
quors or liquids and casks or packages,
and the person or persons so offend
ing, knowingly, be subject to pay
fine of not less than one hundred dol
lars nor more than five hundred dol
lars, or Imprisonment for the term of
not lesss than six months nor more
than one year, and the wrongful name,
address, mark, stamp or style on such
LIQUOR when seized shall be considered
evidence prima facie of guilt.
The books and way bills of the COM
mon carrier may be examined to
trace said liquor to the shipper, who
shall be liable, upon conviction, In
like penalty.
Sec. %. That all constables, deputy
constables, sherifs' magistrates or
municipal policemen shall have the
right, power and authority, and it
shall be their duty, whenever they
are informed or suspect that any such
suspicious package in possession OF a
common carrier contains alcoholic Ii.
quors or liquids, to detain the same
for examination for the term OF twen-
ty-four hours without any warrant or
process whatever. Any constable,
deputy constable, sheriff or ma gistrate
who shall neglect or refuse to perform
the duties required by this act shall be
subject to suspension hy the governor.
Any sheriff or magistrate seizing any
alcoholic liquors or liquids as required
by this Section shall be paid one. half
the value of said liquor or liquids so
soon as the same shall have been re-
ceived at the State dispensary, APPROX
ed and disposed of according to law.
Sec. 30. That any interference by
any person with, obstruction or resist
ance of, or abusive language to, any
officer or person in the discharge OF
the duties herein enjoined or the use
of abusive language by any such OIL
Ger or person to any person or persons,
shall be deemed a misdemeanor, and
the person or persons so offending
shall, upon conviction, be punished,
by fine of not less than one hun
dred dollars, nor more than five hun
dred dollars. or imprisoned for term
of not less than three months nor
more than twelve months.
Sec. 81. In all cases of seizure OF
any goods, wares, merchandise, or
any other property hereafter or here
tofore, made as being subject to for
feiture under any provisions of this
act or any 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 follows;
First. He shall cause list contain
J ing a particular description of the
goods. wares or merchandise seized to
be prepared in duplicate and an ap'
praisement there of to be made by
three sworn appraisers to be selected
by him, who shall be respectable and
disinterested citizens Of the State OF
South Carolina residing within the