The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-11

| When Seizures May Be Made Without
! Warrant
Sec. Is. That any of the liquors set
forth in section l of this Act, which are
contraband NAV be seized and taken
without warrant by any constable, sher-
| iff or policeman, while in transit or after
arrival whether in possession of COM
mon carrier, depot agent, express agent,
private person, firm. corporation or as
ISOLATION, and reported to the State Com
missioner at once, who shall dispose of
the same as hereinafter provided: Pro-
vided That liquors purchased outside the
State, owned and conveyed as personal
/ baggage, shall be exempt from seizure
when the quantity does not exceed one
gallon.
Possession of Illicit Liquors Prohibited.
| Sec. %. That the possession of said il
licit liquors is hereby prohibited and de-
clared unlawful, and any obligation, note
| of indebtedness, contracted in their sale
or transportation is declared to be alb
solutely null and void, nor shall any ac-
ton suit for the recovery of the
same be entertained in any court in this
State
! Proceedings in Rem.
Sec. q. That the proceedings against
liquor so illegally kept, stored, sold, de-
! livered, elsewhere than at his or her res
idence, transported or being transported
shall be considered a proceeding in rem.
unless otherwise herein provided
Transportation or Possession of Falsely
Branded Packages.
| Sec. IS. That the carriage transporta-
ton, possession, removal, sale, delivery
| 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 quail
! ty of the contents of the casks pack
ages or boxes containing the same, or
the causing of such carriage. transport
tation, possession, removal, sale, deliv-
cry or acceptance, shall work the for
fixture of said liquors or liquids, and
casks or packages, and the person or
persons so offending. knowingly, be SUBJ
ject to pay fine of not less than 800,
nor more than $500, or Imprisonment for
the term of not less than six months,
nor more than one year, and the wrong
full name address, mark, stamp or style
on such liquor when seized shall be con-
sidered evidence prima facie of guilt.
The books and way bills of the common
carrier may be examined to trace said
liquors to the shipper, who shall be la
BILE, upon conviction, in like penalty.
Powers of Constables to Detain Suspi-
| cious Packages.
| Sec. %. That all constables, deputy
constables, sheriffs, magistrates or mu-
nicipal policemen shall have the right,
power and authority, and it shall be their
duty, whenever they are informed or
suspect that any such suspicious pack
| age in possession of a common carrier
contains alcoholic liquors or liquids, to
detafn the same for examination for the
| tel m of twenty-four hours, without any
warrant or process whatever. Any con-
stable, deputy constable, sheriff or mag
istrate who shall neglect or refuse to
perform the duties required by this Act,
shall be subject to suspension by the
Governor Any sheriff or magistrate
Selling any alcoholic liquors or liquids,
as required by this section, shall be paid
one-haIf the value of said liquors or
| liquids so soon as the same shall have
been received at the State Dispensary,
approved and disposed of according to
law.
Interference with officers Forbidden.
| Sec. 80 That any interference by any
person with, obstruction or resistance of,
abusive language to- any officer or per-
son in the discharge of the duties herein
enjoined, or the use of abusive language
! by any such officer or person TO any
other person or persons, shall be deemed
a misdemeanor, and the person or per-
sons offending shall, upon conviction
be punished by a fine of not less than
800, nor more than $500, or imprisoned
for term of not less than three months
nor more than twelve months.
Proceedings When Goods or Personal
Property Is Seized.
Sec 81 In all cases of seizure of any
goods, wares, merchandise, or any other
property, hereafter or heretofore made
as being subject to forfeiture 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 $50 or more, the said
officer or person shall proceed as follows
First. He shall cause list containing
a particular description of the goods.
wares merchandise seized to be pre-
pared in duplicate, and an appraisement
thereof to be made by three sworn ap-
praisers to be selected by him, VINO
shall be respectable and disinterested
citizens of the State of South Carolina,
residing within the county wherein the
seizure was made. Said list and appraise-
ment shall be properly attested by the
said officer or person and the said ap-
praiSerS, for which service each of he
said appraisers shall be allowed the sum
of 81 per day, not exceeding five days,
to be paid by the State Board of Cen
troll. Second. If the said goods are 90
lieved by the officer making the seizure
to be Of less value than $50, no appraiSe-
ment shall be made. The said officer or
person shall proceed to publish a notice
for three weeks, in writing, at three
places in the county where the seizure
was made, describing the articles AMI
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 publication of such notice.
Bond to be Given by Claimant
Third. Any person claiming the liquors
or other property so seized as< contra
band within the time specified in the
notice may file with the State Board of
Control a claim stating his interest in
the articles seized, and may execute a
bond to the State Board of Control, in
the penal sum of $500, with sureties, to
be approved by the said State Board of
Control, conditioned that in the case of
condemnation of the articles so seized,
the obligors shall pay all the costs and
expenses of the proceedings to obtain
such condemnation; and upon the deliy-
cry of such bonds to the State Board Of
Control he shall transmit the same with
the duplicate list or description of the
goods seized to the solicitor of the cir
cult in which such seizure was made,
and the said solicitor shall prosecute the