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

Scrlbed and imposed by the said boart
and with all the requirements of thi
act ana it shall be lawful for any con
stable or officer thus employed unde
this act to enter such hotel and searcl
it for contraband liquors at any time
day or night, without q warrant.
Sec. 90. All places where alcoholic
liquors are manufactul ed, sold, bar
tered or given away in violation 0
this act, or where persons are permit
ted to resort for the purpose of drink
ing alcoholic liquors as a bev erage, o.
where alcoholic liquors are kept fo
sale, barter or delivery in violation o
this act, are hereby declared to be com
mon nuisances, and any person may
60 before any magistrate in the coun
ty and swear out an arrest warrant or
personal 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 assistants. if any
and such magistrate shall direct such
arrest warrant either to the sheriff oi
the county or to any special constable,
commanding said defendant to be ar,
rested and brought before him TO De ,9
dealt with according to law, and shall
issue a search warrant IN which the
premises in question shall be partlcu-
iarly described, commanding such
sheriff or constable to thoroughly
search the premises in question and to
seize all alcoholic liquors found there
on and dispose of them as provided in
section 3S and to seize all vessels, bar
fixtures, screens, bottles, glasses and
apparently used or suit
able for use in retailing liquors to
make a complete inventory thereof,
and deposit the same with the sheriff.
That under the arrest warrant the de-
fendant shall be arl ested and brought
before such magistrate 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 court of general sessions for the
county he shall make out every paper
in the case in duplicate and tle one
with the clerk of the court for the
county, and Immediately transmit the
other to the solicitor of the circuit,
whereupon said solicitor shall at once
apply to any circuit judge at chambers
within that circuit, or to the nearest
circuit judge if there be none in that
circuit. for an order restraing the de-
PENDANTS, their servants or agents,
from keeping, receiving, bartering,
selling or giving away any alcoholic
liuuors until the further order of the
court. Such circuit judge is hereby
authorized, empowered and required
to grant the said restraining order
without requiring a bond or under
taking upon the hearing or receipt by
him of said papers from the court OF
the said magistrate by the hands of the
solicitor; and any violation of said re-
order before the trial of the
case shall be deemed a contempt of
court and punishable as such by said
Judge or court, or any other circuit
Judge, as for the violation of Or
der of Injunction. Upon conviction
said defendants of maintaining said
nuisance at the trial, they or any OF
them shall be deemed guilty of mis-
demeanor, punishable by imprison.
ment in the county Jail for a term OF
not less than three months, or fine
of not less than 5000 or by both, in
the discretion of the court, and the
restraining order shall be made per-
petual. The articles covered in the
inventory, which were retained by the
sheriff, shall be forfeited to the State
and sold, and the net proceeds sent to
the State treasurer, and the sheriff
shall forthwith proceed to dispose OF
the alcoholic liquors covered by said
as provided for in this act
as when other liquors are seized.
Liquors seized as hereinbefore pro-
yided, and the vessels containing
them, shall not be taken from the Gus
tody of the officers in possession OF the
same by any writ of repelvin 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. Any person
violating the terms of any restraining
order granted in such proceedings
shall be punished for contempt by a
fine of not less than 5000 nor more
than 81, 900, and by imprisonment not
less than 81 days nor more than one
year.
In contempt proceedings arising out
of the violation of any injunction
granted under the provisions of this
act, the court, or in vacation, and
Judge thereo, shall have power to try
summarily and punish the party or
parties guilty, as required by law.
The affdavits upon which the attach
ment for contempt issues shall make
a prima facie case for the State. AT
the hearing upon the charge of con
tempt, evidence may be oral or in the
form of ahdavits, of both.
The defendant shall not necessarily y
be discharged upon his denial OF the
fact stated in the moving papers.
The clerk of court shall, upon the
application of either party, issue sub
poenas for witnesses, aad except as
above set forth, the practice in such
contempt proceedings shall conform
as nearly as may to the practice in the
court of common pleas.
That when any solicitor neglects OF
refuses to perform any duty, or to take
any steps required by him OF the pro
visions of the preceding section, or by
any of the provisions of this act, the
attorney general, on his own motion
or by request of the governor, shall IN
person, or by his assistant, proceed tc
the locality and nerform such neglect