Western Carolina Democrat and French Broad hustler. [volume] (Hendersonville, N.C.) 1913-1915, 1913-03-13

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Enforcement of the Laws Agains
the Sale and Manufacture of IntOxi
eating Liquors.
Following is in substance. the pro.
visions of the Statewide search ana
seizure law passed by the present
General Assembly:
The General Assembly Of North Caro-.
lima do enact:
Section l.. That it shall be unlawful
for any person. firm, corporation. ASSOC
citation, or company, by whatever name
called, other than druggists and med.
ical repositories duly licensed thereto
TO engage in the business Of selling ex.
changing bartening, giving aWav. or
otherwise handling spirituous. yinons
or malt liquors in the State of N. Caro-
Any person violating the provisions of
this act shall for the first offense he
guilty of a misdemeanor and nunish-
ed in the discretion of the court. and
for the second oHense guilty of a mis-
demeanor and fined not less than one
hundred dollars nor more than one
thousand dollars, OF imprisoned in the
States Prison not less than four
months nor more than two years.
Sec. 2. That it shall be unlawful
for any person, firm, corporation, ASSOC
citation, or conmpany. by whatever
name, called, other than druggists and
medical repositories duly licensed
thereto, to have or keep in his, their.
or it's possession spirituous or vinous
liquors at the same time in one or
more places in quantity exceeding n
-olllnn for tho nIarNnC1%~F
have or keep in his, their, or its nos
session malt l~iquors-at the same time,
whether in one or more places, in
quantity exceeding five gallons, for the
purpose of sale, or to receive within
one week more than three gallons of
srirituous or vinous liquors or fifteen
gallons of malt liquors for the purpose
of sale. Any person, firm. or corpora
ton violating the provisions of this
section, shall be held and deemed to
have it for the purpose of sale in vio-
lation Of section one of this act, and
it shall be prima facie evidence that he
they, or it are engaged in the business
of selling intoxicating liquors: Provid-
ed, that this section shall not prohibit
n person from keeping in his posses
SION wines and elders in any quantity
whenever such wines and elders have
been manufactured from grapes or
fruit grown on the premises of the
person in whose possession the said
wines and elders may be.
Sec. 3. Upon the filing of com
plant, under oath, by a reputable citi-
zen. or information furnished under
oath by an officer charged with the ex-
ecution of the law. before a justice of
the peace, recorder, mayor. or other
officer authorized by law to issue war
rants, charging that any person. firm,
corporation, association, or company,
BY whatever name called, has in his,
their, or its possession, at a place or
places specified, more than n gallon
Of spirituous or vinous liquors or more
than five gallons of malt liquors for the
purpose of sale, a warrant shall be is
sued commanding the officer to whom
it is directed to search the place or
described ia such complaint or
information, and If more than one gal
lon of spirituous or vinous liquors or
more than i've gallons Of malt liquors
be found in any such place or places,
to seize and take into custody all such
liquors described in said
complaint or information, and seize
and take into his custody all glasses.
kegs, pumps, bars, or other
used in the business of sell
ing intoxicating liquors which may be
at such place or places, and
safely keep the same subject to the
orders of the court. The complaint OF
Information shall describe the place or
places to be searched with sufficient
to identify the same, and
shall describe the intoxicating liquors
Or other property alleged to be used In
carrying on the business of selling In
liquors as particularly as
practicable, and any description, how
:ver general, that will enable h OH
Ter executing the warrant to identity
property seized shall be deemed
sufficient. Upon the return OF the
warrant the court shall proceed TO
lear and determine if the quantity
seized under said warrent is in excess
# the quantity committed by this act.
md was held for the. purpose of sale,
md if the court shal IND
hat the quantity seized ex-
leeds the quantity permitted by this
lct to be held at any one time, n
hall find that it was held for the pur-
of sale, then the person, firm. or
corporation in whose keeping or pos
the said liquor was found shall
,e guilty of a misdemeanor and the
court shall order such liquor to be de-
Sec. 4. It shall be unlawful for any
,ank incorporated under the laws OF
his State or National bank or any 1ndl-
firm, or association, to present,
collect, or in any wise handle any
lraft, bill of exchange, or order to pay
money. to which draft, bill of ex-
;hange. or order to pay money is at
sched a bill of lading or order or re-
,eipt for intoxicating linquors. Any
person, firm, corporation, association,
# bank violating the provisions OF THIS
shall be guilty of a misdemeanor.
Sec. 5. No action shall be main
aimed in any court of this State to re-
over for the price of intoxicating
liquors sold or delivered to any person
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