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

the county or 10 any SpeClai Noii''ooo'
commanding said defendant to be arrest
ed and brought before him to be dealt
with according to law, and shall issue a
search warrant in which the premises IN
question shall be particularly described,
commanding such Sheriff or constable TO
thoroughly search the premises in ques-
ton and to seize all alcoholic liquors
found thereon and dispose of them as
provided in section 81, and to seize all
vessels bar fixtures, screens, bottles,
glasses and appurtenances apparently
used or suitable for use. in retailing
LIQUORS. to make a complete inventory
thereof, and deposit the same with the
Sheriff.
Restraining order.
That under the arrest warrant the de-
PENDANT shall be arrested 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 Tor the coun-
ty. he shall make out every paper in
the case in duplicate and file 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 restraining the de-
PENDANTS, their servants or agents, from
keeping, receiving, barterfng, selling or
giving away any alcoholic liquors untii
the further order of the court. Snch
Circuit Judge is hereby authorized, en-
powered and required to grant the said
restraining order without requiring
bond or undertaking, 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 restraining order before the trial or
the case shall be deemed contempt OF
court and punished as such by said
Judge or court, or any other Circuit
Judge as for ne violation of an order
of injunction.
atty.
Upon conviction of said defendants OF
maintaining said nuisance at the trial.
they or any of them, shall be deemed
guilty of a miSdemeanor, punishable by
Imprisonment in the county jail for
term of not less than three months, or
fine of not less than $500, or both, In
the discretion of the court, and the re-
straining order shall be made perpet-
ual The articles covered by the in
ventory, which We're 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 alco-
| hoIic liquors covered by said inventory,
as provided for in this Act as when
| other liquors are seized.
| Liquors seized as hereinbefore provid-
ed, 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 herein provided are
pending.
| No suit shall lie for damages alleged
| to arise by seizure and detention of liz
uors under this Act. Any person Vio!at-
| ing the terms of any restraining order
granted in such proceedings shall DC pun
| ished for contempt by fine of not less
than 5000 nor more than $1,000, and by
| imprisonment not less than ninety daJ S
nor more than one year.
In contempt proceedings arising out Of
| the violation of any injunction grant ed
under the provisions of this Act the
| Court, or, in vacation, any judge thereof,
shall have power to try summarily and
punish the party or parties guilty, as re-
| uuired by law The affidavits upon which
| the attachment for contempt issues shall
make prima facie case for the state.
At the hearing upon the charge of con-
! tempt, evidence may be oral or in the
form of affidavits, or both.
| The defendant shall not necessarily be
discharged upon his denial of the fact
stated in the moving papers.
! The Clerk of Court shall, upon the ap-
plication of either party, issue subpoe-
mas for witnesses, and, 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.
Deputy Attorney General When Solicit
tor Neglects His Duty
| That when any solicitor neglectS or re-
! fuses to perform any duty, or to take
any steps required of him by any of the
provisions 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, procee- to
the locality and perform such neglected
duty, and take such steps as are neces-
sary in the place of such solicitor, and
at his discretion to cause a prosecution
| to be instituted, not only in the matter
so neglected, but also a prosecution
against the solicitor for malfeasance or
misfeasance in office, or for ofncial mis-
! conduct, or for other charges justified by
f, facts, and to pursue the prosecution to
the extent of a conviction and DISMISS
al from office of any such solicitor.
And IN Such event the Attorney Gener-
al shall be, and is hereby, authorized
and empowered to appoint one or more
additional assistants, who shall each
have while actually employed the same
compensation, to be paid from the litiga-
ton fund of the Attorney General. Any
duty herein imposed upon a solicitor
may be performed with equal force and
effect by the Attorney General, or other
person authorized by him to perform
such duty.
Distillers to Report Quarterly to State
Board.
Sec. %. The manager of every register
Led distillery of liquor in this State shall
report quarterly to the State Board OF
Control, showing the number of gallons
of each kind of liquor on hand manu-,
featured or disposed of during the quar-.
ter; and If the said report fail to CORE
spond with the return of said distiller tc
the United States Revenue Collector OF
this State, or it is shown that said man
ager has disposed of liquor contrary tc
this Act, said distillery shall be deemed
to be common nuisance, and the said
manager and his aiders and assistants
and the premises shall be proceeded
against as in this Act provided as u
Iplaces where liquors are sold contrary