OCR Interpretation

The Pickens sentinel. (Pickens, S.C.) 1871-1903, January 04, 1894, Image 1

Image and text provided by University of South Carolina; Columbia, SC

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84026913/1894-01-04/ed-1/seq-1/

What is OCR?

Thumbnail for

The Law Strengtheved In Many Poi-ta
Its Meshes Will ba Eard to 0.t Through
Provison f,r E tabi-shing New Dispen
.An Act to Declare the Law in Refer.
snce to and Further Regulate the Use,
Sale, Cousuuption, Transportation
and Disposition of Alcoholic Liquids
or Liquors Within the State of South
Carolina, and to Police the Same.
Section 1. Be it enacted by the Senate
and House of Representatives of the
8 ate of Soutu Carolina, now met and
sitting in General Assembly, and by the
authority of the samt-: That the manu
facture, sale, barter or exchange, re
ceipt, acceptance, delivery, storing and
keeping in possession, within this State,
of any spirituous, malt, vinous, fer
mented, brewed (whether lager or rice
beer) or other liquors or any compound
or mixture thereof, by whatever name
called or known, which contains alcohol
and is used as a bevt rage by any per
son, flr.n or corporation; the transpor
tation, removal, the taking from the
depot or other place by congsignee or
other person or the payment of freight
or express or other charges by any per
son, firm, association or corporation
upon any spirituous, malt, vinous, fer
mented, briwed (whether lager, rice or
other beer) or other liquor or any com
pound mixture thereof, by whatever
name called or known, which contains
alcohol and is used as a beverage, ex
cept as fis hereafter provided, is hereby
prohibited under a penalty of thirty days
imprisonment or one hundred dollars flue
for each ofiense. All such liquors, ex
cept when bought from a State officer
authorized to sell tLa same or In posses
sion of one, are declared to be contraband
and against the morals, good health and
safety of the State and may be seized
wherever found without warrant and
turned over to the State Commissioner.
Sec. 2. rl he Governor, the Attorney
General and the Comptroller General
shall, ex ollcio, constitute a State Board
of Control to carry out the provisions ot
thiq Act.
Sec. 3. That the Governor shall, at
the expiration of the term of the present
Commissioner, and at the expiration ot
every two years thereafter, appoint a
Commissioner, which appointment shall
be submitted to the Senate at its next
session fol its approval; said Commis
sioner shall be believed by the Governor
to be an abstainer from intoxicants,
and shall, under such rules and regula
tions as may be made by the State
Board of Control, purchase all intoxicat
ing liquors for lawful sale in this State,
and:turnish the same to such persons as
may by designated as Dispensers thereof,
to be sold as hereafter prescribed in this
Act. Said Commissioner shall reside,
and have his place of businesR, in the
city of Columbia, in this State, and hold
,his office two years from appointment
and until another be app.inted in his
stead. le shall be subject to removal
for cause by the State Board of Control.
He shall qualify and be commissioned
the same as other State officers, and re
ceive an annual salary of $3,000, pay
able at the same time and in the same
manner as is provided for the payment
of the salaries of State ofilcers. Hie
shall be allowed a bookkeeper, who shall
be paid in the same manner a salary of
01,200, and such other assistants as In
ti.e opinion ot the Board of Control may
be deenmed necessary. iIe shall not, sell
to the County Dispensers any intoxicat
ing or lermeuted liquors, except such as
have been tested by the chemist of the
South Carolina College and declared to
be pure: Provided, That, said State
Board of Control shall have authority to
appoint such assistants as they mnrv fl-id
r necessary t,o assist the Sauva Carolina
College in makiug the anal., a8 r<quIired
by this Act, and the said B . -1 i
trol may fix such reasonable, w - . na
tion, if any, as they deem-r proper ior t,he
services rendered by such c.iemuiat or
such aisisants. The S,ate Commnis
suoner shall deposit, all atmounits receivedl
by him from sales to County Dispensers
or ot.hers wit,h the Treasuer of the Stat,e
under such rulea as may be made by the
A State Beard of Control to Insure the
faithful returai of the same, and the St,ate
Treasurer shall keep a separate aceount
with said fund from which the Commis
sioner shall diraw from t,ime to time,
upoa Warrants dumly approved by the
chairman of said Board, the amounts
necessary to pay the expenses incurred
in conducting t,he business. All rules
and regulations governing said Commis.
sioner In the purchase of intoxicating
liquors, or in the performance of any of
the duties of his office where the same
are not provided for by law, shall be
prescribed by the State Board of Con.
trol. Hie shall, before entering upon the
duties of his offiee, execute a bond to
-the State 2Treasurer, with sufficient sure
ties, to be' approved by the Attorney
General, in the penal Sum oh ten thous
and dabiars (*10,000) for the faithiul
performance of the dut,ies of his cMce.
In all purchases or sales of intoxicating
liquors made by said Commissioner as
contemplated in this Act, the Commis
sioner shall cause a certificate to be
attached to each and every package
containing said liquors when the same:ls
shipped to him from the place of pur
chase, or by him to the County Dispen
aer, certified by his official signature
and seal, which certificate shall state
that liquara contained in said package
have been purchased by him for sale
within the State of South Carolina, cr
to be shipped out of the State under the
.laws of saId State; and without such
certificate any package con taining liquors
which, shall be shipped out the St,ate,
or shipped from place to place within
the State, or delivered to the consignee
by any railroad, express company or
other common carrier, or be found in tLe
possession of any common carrier, shall
+4. be regarded as contraband and may be
seized w'thout warrant for confiscation,
and auch common carrier shall be liable
to a penalty of five hundred dollars for
each offense, to be reCOvered against
said common carrier in any court of
competent jurisdiction by summons and
complaint, proceedings t.n be instit
by the Solicitor of any circuit with whom
evidence may be lodged by any oflicer or
citizen having knowled,_e or inform-t.
Lion of the violation, and any person at
taching or using such ce Lficate, wit?
out the authority of the Commissioner,
or any counterfeit certifi,ate for the
purp(,se of sectring the tratislportation
of any intoxicatiii lIquors out of or
within this State ii violation of law,
shall upon conviction thereof be puu
ished by a fine of not less than (1ve hut
dred dollars and imprisonment in the
Penitentiary for not less than one year
for each oflense.
Sec. 4. Said Commissioner shall mak
a printed quarterly statement, under
oath, of all iquors sold by him, enumere
ating the diflerent kinds and quantity of
each kind, the price paid and the terms
of payment, and to whom sold. Also
the names of the parties from whom the
liquor was purchased, and their place of
business and date of purchase, which
statement shall be filed with the State
Board of Control.
Sec. 5. The State Commissioner shall
before shivping any liquors to Dispen
sers, except lager beer, cause the same
to be put into packages of not less than
lne half pint nor more than five gallons
and securely seal the same, and it shall
be unlawful for the Dispenser to break
any such package ot open the same for
any reason whatever. le snall sell by
the package only, and io person stall
open the same on premises: Provided,
This section shall not apply to malt liq.
uors shipped in cases, or bottles there
of shipped in barrels, and such malt liq.
uors may be sold by the County Dis
penser in such quantities of not less than
one pint as he may see proper: Provided
The same shall not be drunk on the
premises. Dispensers shall open their
places of business and sell only in day
time, under such rules as may be made
by the State board of Control.
Sec. 6. It shall be 'the duty of the
State Board of Control to appoint a
County Board of Control, composed of
three persons believed by said Board not
to oe addicted to the use of intoxicating
liquors, who shall hold their offices for
a term of two years, and until their suc
cessors are appointed. Said County
Board of Control shall be subject to re
moval for cause by the State Board of
Control. Said County Board shall make
such rules as will be conducive to the
best management of the sale of intoxi.
cating liquora in their respective coun
tiee: Provided, All such rules shall be
submitted to the State Board and ap
proved by them before adoption. Said
County Board of Control shall qualify
and be commissioned as are other county
oflicer, without fees therefor.
Sec. 7. Applications for position of
County Lispenier shall be by petition,
signed and sworn to by the applicant
and filed with the County Board of Con
trol at least ten days before the meeting
at which the application is to be consid.
ered, which petition shall state the ap.
olIcants name, place of residence, in
what business engaged, and in what
business he has engaged in two years
previous to filing petition; that he is a
citizen of the United States and South
Carolina; that lie has never been ad
judged guilty of violatin the law relat
ing to intoxicating l!uors, and is not a
keeper of a restaurant or place of public
amusement, and that he is not add:cted
to the use of intoxicating liquors as a
beverage. This permit or renewal there
of shall isoue only on condition that the
applicant shall execute to the County
Treasurer a bond in the penal sum of
$300, with good and sufficient sureties,
conditioned that he will well and truly
obey the laws of the State of South Car
olina, now or hereafter in force, im re
lation to the sale of intoxicatinz liquors
that he will pay all lines, penalties,
damages and1( costs that may be assessed
or recorded against him for violation of
such laws during the term for which
said permit or renewal is granted, and
will not sell int'oxicating liquors under
his permit at a price other than that
fixed by State Board of Control. Sid
Mn shall be b r the use or the count y
a .: person or, persons who may be
damagltted or mIjuredl by reason ot any
violation on the part of the obligor of
he law relatiug to intoxicating liquorsi
purchased or sold during the term for
which said permit or the renewal t hereof
is granted. The said bond shall be de
positedl with ine County Treasurer, and
suit thereon shall be brought at any
time by the Solicitor or any person for
whose benefit the same is given; and in.
case the conditions thereof, or any of
them, shall be vIolated, the p)rincipal
aned sureties thereon shall alkohe jomntly
and so . erally lia ble for all civil diamages
costs andl judgments th)at may be ob
tAined against the p)rincipal in any civil
action brought by wife, child, parent,
guardlian, employ.ee or other person uin
(der the provision of the law. All other
moness collected for breaches of such
bond shall go into the County TIreasury.
Said bond shall be approved by the
County Board of Control under the rules
and( laws applicable to the applroval of
oficial b)onds.
Sec. 8. There may be one or more
County Dispensers appointed for each
county, the p)lace of business of' each of
whom shall be designatedl by the County
Board,, but the State Board must give
consent before more than one Dispenser
can be appointed In any county; and
when the County Board1 designlates a
lkcahity for a Dispensary ten (lays pub
lic notece of which shall be g iven it shall
be competent for a majority of the vot
ers of the township in whIch such Dis
pensary is to be located to prevent its
location in such township by signing
petitions a ddressed to the Coun'y Bo ird1
requesting that no DIspensary be s
tablishedl in that townshpweruo
some other place tmay be deainu od
(The County Board may Ia its discrotion
locate a Dispensary elsewhere than in
an incorporated town, in the Counties
of Beaufort and Hlorry andl no others,):
P'rovided, however,, That any county,
town or city wherein the sale of alcohofic
liquors was prohibited by law prior to
July 1st, 1893, may secure the estab--.
haihment of a Dispensary within its
borders in the following manner: Upon
petitiQn signed by one fourth the quali
fied voters of such county, town or city
wishing a dispensary therein, being flIed
with the County CommIssioners or town
or city council, respectively, they shall
order an election submitting the ques
tion of Dispensary or no Dispensa,.. to
the qunlified voters of such county town
or city, and shal I prescribe the rules, I
regulations, returns, ballots and nitice
of such election and shall de,.htire the
result and if a majtrIty of the ballots
cast be found and declared to be f.r a
Dispensary, then a Dispensary may be
established in said county town or city
Provided, That Dispensaries may be
established in the Counties of William
burg and Marion without such elec
tion, in compliance with the other re
quirements of this Act: Provided, That
nothing in this Act contained shall be
so construed as to prohibit persons res
ident in counties which shall elect to
have no Dispensary from procuring I
quois from Dispensaries in other coun
ties, or County Dispensers from ship
Ping same to their places of reside nee
under proper labls or certificates.
Sec. 9. If the appliClation for the post
tion of Dispenser be granted it shall
not issue until the applicant shall make
and subscribe an oath, before some ofli
cer authorized by law to administer
oaths, which shall be endorsed upon
the bond to the effect and tenor, fol
lowing: "I ,--- do solemnly swear
(or afilrm) that I will well and truly
perform all and singular the conditions
of the within bond, and keel) and per
form the trusts confided in mo to pir
chase, keep and sell intoxicating
liquors. I will not sell give or
furnish to any person any intox
icating liquors otherwise than is pro
vided by law, and especially I will 1"ot I
sell or furnish intoxicating liquors to
any minor, intoxicated person or per
sons who are in the habit of beconiug
intoxicated, and I will make true, full
and accurate returns to the Cointy
Board of C>ntrol the first Mondlay o'f1
each month of all certieates antd re
quests made to or recetleed by me, as
required by law, during the preceding
month; and such returns shall show
every sale and delivery of such liquors
made by me or for me during the t
month embraced therein, and the true 8
signature to every request received and
granted; and such returns shall show
all the liquors sold or delivered to any
and every person as returned." Upon
tak ing said oath and filing bond as -
hereinbefore provided, the County t
Board of Control shall issue to in a
permit authorizing him to keep and
sell intoxicating liquors as in this Act t
provided, and every pprimit so granted
shall specify the building, giving the I
street and num,er or location, in which
intoxicating liquors may be sold by
virtue of the same, and the length of
time in which the same shall be in
force, which in no c se shall exceed
twelve nionths. Permits granted un
der this Act shall be deemed trusts re
posed in the recipients thereof, not as ai
matter of right, but of confidence, and I
may be revoked upon sufficient show
ing by order of the County Board of
Control; and upon the removal of any
County Dispenser, or upon demand of
the County Board of Cont rol, he shall
immediately turn over to the County
Board of Control all liquors and other
property in his possession belonging to
the State or county. Saia County
Board of Control shall be charged with
the duty of prosecuting the County
Dispenser, or any of his employees,
who may violate any of the provisiolns
of this Act. On tho death, resignation
or removaJ o. a County Dispeniser, or
expiration of ,,u rmi of olico, the
County Ioard shah oit his succes
sor. 4
Sec. 10. The County I im(i of Con
trol shall use as their ollicni the oni ce of
the County Comnissionvis of their re
spective counties, and tie Clrk cf the I
Board of County Commissioners shall
serve as thcir clerk. They shal!! pre
serve, as part ci the records ond files
of their olice, all petitions, Ion I and
other papors ptrtaii i, h ,1c grant -
ing or revocation of ptrimits, an't keep I
suitable books ii hi-i'i I ,nds A,n-d per- I
mrils shall be rec-ord~ed. l'hie booki ls(
shall be furnished ly twe c-ountI y Iike
(,ther public rt'eonis. Th le aty il
Board of Controel ihll tilesi gn at or 141
providle a siitable p lace in wvhie to 1'
sell thre liqu,jors. '1 To il, e-hrs o th lit
County Ihiard of ,eiitril sha:ll me-t
once a m'-nthi, or tofteineir, ni t lie call ofii
the cha iman, andf for- liheir - ei's
they shall each rc ceive a pet- di mi tof
$2, anid 5 cents mile uge eaich way, and
their cler-k shall receive M2 per rity for
the days actunally emtployed as such,
biut they shall not reccelve c.tmipenlsa. 1
lion for more than thirty das i in ay
one year. Th'iey shllI, uipon thle ag p
p)roval of the St ate (4doard of Cent rof, I
employ sulch assistants for the ( mants v
D ispenser as may be niecessar iy. Thlut<
D)ispenser andI hiis aesistats sliallI re
ceive such compensation as I th State I
liad of Control miay (leterimine. A ' I
profits, after payIni all ex pe'nses of t he 11
Con ty IDis imu sary, shall bie paid on ie
half to the County i'reasuriy a:nd onle- I
half t.o the rmuniicip)al corporation1 in<
which it may be located, suchi settle
ments to lbe mnade quart crly: P rovid- I
ed, T~hat if the aut hii hes of any town
or city which in the j udgtnenit ofi the y
State P,oard of Control (It not enforce
this law, the State lI hard may withfhold s
the part going to the sai town or- city I.
and use it to pay Stat.' const ables. i
Sec. 11. liefore selling or delivering
any intoxicatIng liqjuori- to any person,
a requetst must be1 1resented to) tihe I
Cot iy IDispenser, printd oiltr wVritte (11
in ink, dated of the true dale, stat ing I
that hie or she is of age, and( t he resi-<
dence of t he stie- for whomi or whoese
nse the liquor is reqired, thIt qutait ity
andl kind req iest ed, and( his or iin i htu'
name; and thfe requnest sIhll b signed I
by tne applicant in ftis owui true name
and signature, attested b)y the Count y
Dispenser or his clerk, who receives and I
files the requlest. it, t lie rtqut lshallII f
be refusedI if the Co~unit y IDispense-r Iill
inig It p)ersonailly kniows thle pers ml atp
plying is a minor, that he is intoxicit
ed, or that he is in the habit of using
intoxicating '>quors to an excess; o - i f
the applicant is not 50 plersoniat ly I
known to saidl County D)fspein'r, hn
fore fIling said ordler or- deli verting sid l
liquor he shll reqiri ient ifIicationi~
andl tile statemtent of a reliablte aidi
trustworthy person of good chtaracter I
and habit.s, knowni personally to himii,
that the applihcant is niot a minor, aridr
is not in th 3 habIt of us ig intoxient
ing lIquors to an excess.
Sec. 12. Requtests for thie11 purthise ofi
liquor shall be made upon11 blanks t ur- p
nished by the County Aluitor, in pauck
ages of 100 each, to the Count.y l)Ispen- t
Sers, from time to time us the same e
shall be needed, and shall lbe mtunbhered f
consecutively by the Auditor. Th'ei c
blanks aforeSaid shall be fiirnishedl to i
the County Auditor by the State lIoardl I
of Control, In uniform book like batik d
checks, and the date of dlelfve-y shall p)
be end orsed by the County AuiItor on e
each book, and receipt taken therefir to
and preservaed in h1 .ffce 'Vfi ,)s- t
ienser shall preserve the application
n the original forn and book, except
he tiling of the blanks therein, until
eturned to the County Auditor. When
eturn thereof is made the County
Xuditor shall endorse thereon the date
)f return, and lil3 and preserve the
iame to be uied in the quarterly set
lemetits between such Dispenser and
he County Treasurer. All unused or
nutilated blanks shall be returned or
tecounted for before other blanks are
ssuid to such County Dispenser.
Sec. 13. On or before the tenth day of
,achi month each Dispenser shall make
ill returns to the County Auditor of
ill reqiests filled by him and his clerks
luring the preceding month, upon
lanks to be furnished by the State
oard of Control for that purpose, and
Lecompany the same with an oath, duly
ak(m and subscribed before the Coun
,y Auditor or a Notary Public, which
h-ill be int the following form, to wit:
1, , 1 being duly sworn, state
)n oath that the requests for liquors
ierewith returned are all that were re
,eived and filled at my place of busi
iess under my permit during the
nont-h of , 189 ; that I have
:;trefully preserved the same, and that
,bey were filled up. signed and attested
it t he (late shown thereon, as provided
>y law; that said requests were filled
>y delivering the quantity and kind of
iquors required, and that no liquors
iave been sold or dispensed under my
erinit during said month, except as
hown by the requests herewith re
urned, and that I have faithfully ob
erved and complied with the provi
ions of my bond and oath taken by
ne, thereon endorsed, and with all the
aws relating to my duties in the prem
-Sec. I L. Upon failure of any Dispen
er to make the returns to the Auditor
5s herein required, it shall be the duty
if said Auditor to report such failure
o the State Board of Control, an-I the
aid State Board of Control shall im
nediately order the County Board to
ummons said delinquent dispenser to
ppear before them and show cause
vhy his permit should not be revoked;
Lnd if the cause shall not be shown to
lie satisfaction of the County Board
>f Control, they shall immediately an
Lul said permit and give public no
lee thereof; and the Circuit Solicitor
hall proceed to enforce the penalties
rescribed in this Act for such viola
ion against said County Dispenser at
he next suc:eeding term of court of
he county in which such permit is
ild, and any )'spenser who shall sell
)r dispense any intoxicating liquors
Lfter his permit shall have been re
ioked shall, upon conviction thereof,
)e fined not less than $500 and be im
risoned for six months.
If any Dispenser or his clerk shall
purchase any intoxicating liquors from
mny other person or persons except the
State Commissioner, or if he or they,
or any person or persons in his or their
elploy, or by his'or their direction
shall se!l or offer for sale ary liquors
other than such as have been pur
,hased from the State Commissioner
>r shall adulterate or cause to be adul
ited, any Intoxicating, spirituous or
nalt liquors which he or they may
teep lor sale under this Act, by mixing
vith the same coloring matter of any
Irig or ingredient whatever, or shall
ix the same with other liquors of
ij lferxnt kind of quality, or with wa
er, or shall sell or expose for sale such
iq uers so 8dulterated, knowing it to
)e such, or shall change the label up
)[i any box, bottle or package, lie or
.hey shall be guilty of a mnisdereanor
md be lined in a sum of not less than
0 or imprisonment for not less than
ix months.
Sec. 15 No pvon,iiir as3ociation or
.;rporai.ion shall manninetare for sale,
ell or keep for sale, exchange, harter,
> di s i 1 1- a y liquors c ntaiing al.
ohol , t or any pu rpomsm w hate ver,othier
vise t han as piroivi h d ini this Act.
)ispensers as herein providled shall
11i)ne be atut.hor ize'i to sell and dis
wnse15 suich hliors, and all permits
i ist. be procur ed is hierein1 p)i ovidled
r n the Cotity 1o(rd of Control:
'r l idd, ThIia!, the unmo ii hai;tur of3 0
us: ilda, m:il: or vin'us lh ilors, who
ire doing husine-si in the state, shall
.1 all e to sell to no person in this
sti t, except I heI 8' at e Com missioner,
mnd to partimes out Lihtie thle State,an ! the
e's Comot'iiisioner shall purchase his
oippli es from brei,~wer.i and tat il lers in
htis 8: a' e. wVheio their pirodiuct reachies
hie stiudtard requiiredl by this Act:
rO vid(ed, St1ich suppl)ies can bet pur
ii0t:ed as cheaply there as elsewhere.
-.very package, tbarrel,or bottle of suichi
iquor shipped,: beyond the limiuts ofi
hi s St ate shahtI ha~ve thereon the cer
itle.ate of the 8! ate Co jim issiner al
owingt~ ihe samne, otherwvise it shall be
inble to e nHi sCatlin, andl the rail road
a!rryinvL it shaill be pumished ai ini
;'ctioni 3. An p( lrovided, That any
lerson) shacllI have the right to make
v'1i IIor his or her own utse from
rapes or of her I ruits.
See. 16i. IEvery ispenser shall keep a
trict account of' all liquors received
my hit f romi the I!State Comnmissioner,
ni a book kept for tha;t pulrpose, which
hall1 be subhject at all timef's to the in
Il ction ofti thet Ci rcuit, Solicitor, any
eace ollicer or grand jurror of the
ountty, orF of anty (!iti.eni, andl such
oo0k shall snow I hie amiouint andt kind
> i lpoirs piroeuiredl, tfie daite of rece it
lid amounilt sohld, andm the amtoiint onl
innd( 0t each kind0 1for eachi month.
ichi book shanll bet prFoduceud by the
uirt y k e iig the samte, to be used as
vidien ce oni tial of any plrosecuition
iglinst hiunt, on niottOicldly sefrvedl that
hie si ne will be req tired as ev idence.
>'e . 17. Thie p)ayttnrn t of the U nited
4? La's speciatl tax as a liq uor seller, or
tot ic o!C1 aniy k ind in aniy place of re
ort, or in atiy st ore or- shop1, indtiicati ng
hat alcoholic l iquiore are there sold,
oput or giveu away, shall be held to be
>rima facte evidence that the person
>r persons p)aying said tax anud the
nrt.ics dIi iplay Ing such notices are1
Lttig in violatloon of this Act, and1
inuless- saidl perFson or parties are soli
ng un rder permit, as prescribedl by this1
ich, they shall be p)i ished by a finei
ot exceeding $li00 or Imprisonment|
LOt more than tirt.y dlays.
See, 18. Licenused druggists conduct
oig drug st.ores anid taanufactures ofr
roprietary medicines are hereby au- I
hiorized to purchase of D)ispensers of
he counties of their restience intoxi.-1
ruth ing liuors (niot inlcuding mralt) v
ir the purpFlose of comnpounding medi- s
Iines, tiinctuires and extracts that can- y
ot be0 used as a beverage. Them Dis- b
euisers shall riot chiarge such licensed h
rutggist more than teni per cent. net ti
rofit for liquors so sold. Such puir- b
haser shall keep a record of the uses t<
>which the same aire devoted, g ivin~g v
toe kinn and quantity so used, and ii
quarterly they shall make and file
with the County Aiitor and with the
County Board of Control sworn reports,
giving a full and true statement of the
quantity and kinds of such liquors
purchased and used, the uses to which
the same have been devoted, and giv
ing the name of the Dispenser from
whom the same was purchased, and
the dates and quantities so purchased,
together with an invoice of each kind
still in stock and kept for such com
poundings. If said licensed druggists
shall sell, barter,give away or eKchange
or any manner dispose of said liquors
for any purpose other than authorized
by this Section, he shall upon convic
tion forfeit his license and be liable to
all penalties,prosecutions and proceed
ings at law and in equity provided
against persons selling without perinit,
and upon such conviction the Clerk of
the Court shall, within ten days after
such judgment or order, transmit to
the Board of Pharmaceutical EIx.min
ers the certified record thereof, upon
receipt of such the saId Board shAll I
strike the name of the said druggist
from the list of pharmacists and re
voke his certificate: Provided, That E
nothing herein contained shall im con- I
4trued to authorize the manufacture or <
sale of any preparation or compiounitd
under any name, form or device,which t
may be used as a beverage which is in- t
toxicating in its character. And, pro
vided, further, That the Sta:t Commris
sioner shall b3 authorize to sell;to 1
manufacturing chemists and wholesale s
druggists alcohol by the barrel al cist. .
Sec. 1.. If any p-?rson shll mtake anv I
false or fictitious signature,or si,rn l
name other than his or i,.r o i t.> , y t
paper required to b3 signed b'y ti,s
Act; without being authorize i ) to do, c
or make any falso statement in any 1
paper, rt (uest or applicat ion sign to L
procure liqliors under Ihis A, the i
person so offending shill b. guilty oi it a
misdemeanor, and upon conviction
therefor shalt be punishedi by a iine of
riot more than *i5 or b" iinprns:?ed
not more than thirty dlays. i
Sec. 20 If a,ny lispentsiry, or his c'rk
shall make falso oath touchinrg any
mattqr required to be swora to iidcr i
the provisions of this Act, tho p-ron.im
so offending shall. upon convit"m, 1w I
punished by lav for perjury. I N nyI
County Dispenser shall plirchase or
procure any intoxicatinlg liquors 1'r-mi
other person than t'le State U-nmiiIAon
er, or make any false return to the
County Auditor, or use any rejuet. or
liquors for more than one sale, in any
such case he shall be deemed guilty t,
a misdemeanor, and upon conviction be
punished by a fine u 3500,) or jix
months imprisonment.
Sec, 21. Every person wi shall di
rectly or indirectly ireep or inanitainLi,
by himself or by associating or coimbinl
ing with others or who shall in any
manner aid assist or abet in keeping or
maintaining any club room or other
place in which any intoxicating liq.,irs
are received or kept for use barter or
sale as a beverage or for distribution or
division among the members ol any
cl ib of association by any means what
ever, ani every person who siall recei ve
barter, sell, assist or abe1 another inl
receiving, bartering or selling any al-,
coholic liquors so received or kept,
shall be deemed guily of a misiem
anor, and upon conviction thner >f sldI
be Pun1lisled by a line not t uxceetI one
hundred dollars or thirty days impris >:1
inent: P.rovided, tlhat the State I ard
of Control slill have tt.o power, jjhiow
ing and under such rules as they i1my
adopt, to exepiPt lotels iwhor tourists
or leilt-h-seeket-r.rs resort, froni being
considered iisance 01 a,i Violatinir
this Act by reasi of' any mi i,i(gor (Ii
such hotels tiswosing lainnr bougt
from tho )isiensary, by ti o.h-,
either night or dav, ;jjt., r i I b n
Ilde gtlests of sichl hm v:; b HIr
;.ny such (exemfplcn sui bel lit' -
the State Hoar ti o i ont -cha re e
the mUanamger of suich li-' '.>s,
good an(d suflicient b.oil ini tI p li
sum of throe thjout mid d(it 1 4 t 4 l
Ionied for the observ<Ui, 4 all the ii r -t
regularions an-i restriet:' , or t.in-c
ind imiposedl by thie saidi diird mat
with all the requiiremn,t
this Act; and it slhal u t
Ciui for ,&ay C )s' abi oc- im -'i -r i i'
empo)0wereri un- r this A:' et 4 f eat'
sulch t fel an-l sturchI i'. at ainv t un- ci
icy or night. w~tit'' 'Ii' ;t waicri'i ir
Sec *22. All pl ic's wvere aleo)i .I
liqutors are sold, bart cred or gi v*n ac wiv
in vio)l1iton ollf t eAct, ori whetro plr I
ins are permiiitft tl to risot for-fli 1
pose of' drinkin lteobibi ijirsa
1 heverage, of1 wtiert'ii alh,i hIG Ic IIrj '
ire kept for sale, batritr or deiver'i
v,iolatio4n o1 this .\.c',c are irey b
'litred tto be0 cotuiac) n !ist 'c-, a ll
any person may go Icw-o r ua Triii
Jtiitice in the Coutnity tami 3.,r IF.i
ind arrtst warrantf, i tm ;'
kniowletdge or on iniioriinm it i ami b I
lief, chairging saidti nisince. givn i La
tiaiies of wit.um ines algainist tAw' kc Ir
or manatger of' suichi lm-o and huc. m
Intd ass-istants, if any, anti sticn Il i i
Juistice shall diirect, chc arilt, wrra:
aither to thIe Sheiff of flhe count 441r to
Tny special consuable, commacinc inri
iaid defendanliit t) bte1 arres5d aw1ilI
irotight beft,re him i tto ib delt' wim ai
~ording 10 la w, amtI at tIhe s.une ft inm'
shall issue am search w'arranil, in whi ii
.he premises in quet:s'irln shill 3w p)u.
therlif or1 (ticstble r' the rccughtly
earch the premiis' s ant te seiz - ac t
achiolic liquotrs itoundl tierc'o. ani I.
pose of thjemi as l.rovi.iet in s*'- ita:
rnnd shall als ) seizit ail v,s :el c It :: '
Lures, screens, bt. ties, ghcusc o- m cic
purtenanices ailpparetlIIy uisc1 4r41 --'
tbler for use in ret :uilnig 114 i'ur-. t4 ci
rnake a compllete invein;ory ftc reI t ci
ind1 deposit therSii W:In wi tih' "i. l
Thlat uler the airet'. w.irrint t !rc'h
[eiidanut shall be arres't'.c ed andc brOct a
b)efore such Trniali,J 3stic't andti te (m t
sha11ll e dlisposi(l o1 as in e us*' of o)f her i i
3rim4fes beyond h iis juri istdne'ion), Ix- pt
~hat when lie coincuits or hcimis over l
ho parities for t rial to I t e -xL I ''rnol
>1 tho Cotirt of' General S' oin - r i'1'
hue county he shill niko mtt: ev''ry,r
)taper in the case ini I iph::m? awl i] lI
no copy (of the pr'o:'tiIding with Vt
Jferk of theo Courit for th1e t.
Olnty aund 'ciimetdiattily trcanc - Ii
niit the othic copy to the.' S lie l
ton of tIne circuit whetreupoln ji
aId Solicitor shiall a', onice ap- of
ly to t,he Circuiit,louclge at Cliaonbei s k
rhitin that cirecuit, for at order re- ki
training the detseni(aIits, thieir ie r - ce
ants or agents fronm keetping, reeeiv inig s;r
artering, selling or gi vinig any alco, on
olic lipiors unt.il the furthe'r order (of si
'1e court. Suchi Ci r ciif tJ tid,:e I:; he re. w
y authorized, empo 0wCeed amtI rtegrii'ed1
grant the said restraining ordla y
'ithout requiring a bond or under tak- 11
ig upon thte hearineg r r e.ipe. by h.,- ?
Af said papers from the said Trial Justi
by the hands of the Solicitor; and any
violation of said restraining order be
fore t'ie trial of the case shall be demn
3d a contempt of court and punished
is such by said jndge or court, as for
rhe violation of an order of injunction.
Upon conviction of said defendants of
maintaining stid nuisance at the trail
;hey or any of them shall be deemed
gnilty of a nislemeanar, punishable
,y imprisonment in the State Penit
mtiary for a term of not less than
.hree months, or a fine of not less than
;wo hundred dollars, or by both, in the
I iscreation of the court, and the restra
ning order shall be made perpetual.
['ho articles covered by the inventory,
which were retained by the Sheriff,
hail be forfeited to the State and sold
ind the net proceeds sent to the State
Jonmissioner, and the Sheriff shall
orthwith procceed tW dispose of the
ieoliohlic liquors cover.:d by the inven
orv as provided frr in this Act as
vbea otherliquors ate seized: The
inding of' such alcoholic liquors on
ach! pretnises, with satisfactory avI
lenco that the same was being dispos
d of country to this Act, shall be
riauna faeie evidence of the nuisance
omplained of'. Liquors seized as here
nbeltore provided and the vessels con
aining them, shall not be taken from
he euitody of the oflicers in possession
>f the s ine by any writ of replovin or
ther process while the proceedings
ierein providod are p"nding. No suit
liall lie for damages allexei to arise by
eiure and detention ol 1(liiu'rs under
his Act.
S.c. 23 Any pIrs>n violating the
erms anyrestratning arder grantod in
,ch proceeding shall be punished foi
onte Mt by a 1ine Of not less than two
otidrud 1 dollars nor more than one
h1ou1sand dollars, and by imprisoilnent
1 the) State 'enitoliary not less th.in
lIWnety tlays nor iore than one ye:tr.
II cntetupt proceedhiings arising out
f the voration of any inlj unction
ranted under the provision of this
C!, tho cotrt, or, in vacation the
il'To thereol. sh:ill have p:wer to
!"lunnartly and punish the plrj,y or
tris uuilty, ai required by law.
I'hie athldavits uiponi which the attach
1t't for conteinpt iisst shill liirk' a
)rinit facio c.s-V For the St . The
t i1la miy plevl in tv salame 1nanner
ito anl in,lie,,ment tin s,) ar avs theI
i !n. is apphe ibl. EAvience mi 1y b3
ral or int fhe 1rin L atih lavits, or bolti
-*th l e , en t inay be required ti in ike
0iWers to interrogatories, (ntlhor writ
ten or- oral, ai in the c mirt or J tge
"I 'v soiem proper; tho defendan, shall
t )n.. ; riy hi dis,hargel upon
ls iniial of the i w:t statel iin thle
moving4' p.a,prs. 'Tle Clel k of the Court
ih.il1, 1111o ti .0 applicatiol of .ither
1ar1' 'l-uie subpoela for witnesses,
;1:11 kxpt ai above set fo1.11h the
pr lv! ico inl such contein procCleding
hal 1 iofrin1 inear ly ai may to the
Pra',i-" 1: In the Cokrt, oIf Clinino 'l"as,
.1 h1 .0 ate fn11) nissitoner, 1 1u0der rulei
and reiatlon . provi'e i. I by th'!
1I lrd W* Control, il ty entf.--r i,:'.0,,n
tr-ie's with responsible gr.tp grower.i
il ti S tate fI.or tho sale of donlestue
will's throigh thu! l)ispes ltry. 80 .11 to
,iieirage grap3 growing in this Stilte,
i-ii in fuir er.11i-e of this object no',
h1-r w 'h.in L- 1 p r c 1 ), prli; t- the
Diswwpisary ove-r the expenses of 1)t
!j1ng I lt<j41ig, frei ital4g, etc .,.3sih
> I hae f or t!w h1 unlling of mItch
Thiv i otr 'f every rtgi.situred is.
,1h-ry (I Jiq ior ini this State shill i-o
14r1 <lt:tnely to) the1 State (2 >nmuis
HoIr, sh >wing the number of gallon
It ':Li kil( o liquor on hand, mu.in
aotm-r- I or dis-iposed of <turing the
1ArTm-, :ill i f ti- said report f'ail to
-11trop ii vith te ratiirin of saii
hil!-ry fo U: ited States I iternaI
lb-'4' :Jh tor for this S'.aLte., or it
i' I i . sai ni:ini'a hi i dis
lh' i>rtI '.>:i'rary I,) tiuls Act.,
HS di, nil7 v i til h.' deelneiO Ii > be:i,
b pr4'4Ii .3 .s'iiil be( proee0(4d.'i agaliilt,
nI ''4 A. p)r)v14li as I> laces .t
vh 0r i. 1'>r :lire .10lt contr ztry to ,i
'-.4 1 liall e III' 0f ill 4.4 -4 wher44e I
he II um- n't, bein g ini anl open 114ns3 3 or1'
'(1' i'>. 4)view, an1't 0. s(3areb1 beiing t
':. - i''r , npfIn ailli l.tvt TI) that eiroe, s
V.111 41n w ilri ii and0 belefthat een- p
:4rn ouili ha' is t i ny43 a i . l ye il
T' i 'i* of a~ i:ty 11r1 town, t.o wh-' nn b
''14 ii'n is i i l', np weingI :t 4 345.
t r I"yp- nwoinybidp .
. 34 I n > -r th,e 441 (1)- 1 pl I by d.y h
>'' 441 :1he1nih, t il iii' and t1 sL ar
V. .'11i111 to l. )i t 'id p riL,es 4.r 4h a
of~ wizing l I 4 41- 4 : C'i e n r.i u al
'I4.i.4tXrei'i ion th:.! 11 a k p or rIl
* l ht i r 44 d of as311'44 her tn if: r d!
.4 5> . Taa' IWi' anyll( ('f1 th eh i >14 r . I.
bli h :Ir- 0.4'on10 tr,h ,l. i ty e 1) i/x SC
''4 444 ik, n iUuI. arn hiv d
441 in1, 4 Ir a soratr arisal,wharh- 01
r44 .0t 141n 1 01' of' Ii I fo r it ie rier 01 .i
43 s>: .t t , x r i s .p i.o p r i
5'::.n , . en ' lrpSt i r'' inogelgl 11u41. or
V t o neil , wh1 > sh;01 tl4'l din sp aIsof t tti
oi i:ui hir vina e preind 1)'rovi-d iy~
:1 l1''( T i 11quator s (4'u rre ed tside . da
Sh. :'s I'h net tnd crriag:, tanspor- th
Ii 11 t 43 Nicigo, rutluva'l,p fro:n de t
-' .r 0. act athe pnso of'i 'th saId ri
lici';tlr is hrerbym pobrdand of
10ar i%'1111( nulawil, asu desbigatin, h w
sls amae or oh-des contrannte i<
wir' tansortratnsportakion int declar- (o4
oi the ofiturl and vouid, n uor s or .p!
mid atin csit for thkaez recove of11
:rsoor Pillegally ket, stored, sold, deis
ed, trasore payr bleentnsore-c
in iial e hundered (llaI prceingrion-c
'!lt for the terin of not longer than
' dldrltl8s,tard the wrongful name,
Sddrv83, iirk, stamp or style on such
eidr when rizd shall be considered
bIk and waybilla of guilt. The
rn-r)k~ may b ilnedf to common car
rivr in>y be exanL-d to trace said 11
up m) the shipper, who shall be liable,
T-1P1v ctioll, in a like penalty.
I(,.* 2, Theat "lCosales, Deputy
liceien, shall have the right, power
and 'i.harity, and it iall be their du
ty, wh1li-ver they are informed or sus.
Pct that alny "iuch suspicious package
in pows.on of a common carrier con
tain >h,lic h(piors or liquide,to de.
tain th,, -.u- !or examination for the
term ot t.%v, !-y four hours without any
warraint, or proes3.i whatever
Sec. 3. Th any interference by any
pers,)- with obriruction or resistance
of. or abusive language to any officer
or parsma in the discharge of the'du
tles her in enjoined or the iie of abu
sive Iai Iage by any such -oflicer ot
parson U) t my other person or persons
shall, upn- colvictioa, be deemed gull
ty of a rii l"ineanor and be pulisha
ble by a tm, of not m3re than one hun
dred dollars or imprisinnfnt for the
term of not i )re than thi 'ty days.
Sec. 31. 11 .ll CAes of seizure of any
goods, warei or merchandise hereafter
or heretofore in IU, as being subject to
forfeiture undlor nv provision of this
Act or the form19r At, which, in tie
opinion of the olicer or person miking
the seizure aro of the appraised value
of fifty dollars or more, the said ofllcer
or person shall proceed as follows:
First. Ie shall cause a list containing
a particular d.iription or the goods,
wares or merchii Ise seized to be pre
pared in duplica'.e and appraisement
thereof to b, mI-d" by three swol-a ap
praisers, to b 1 s I .e i by him, who
ihall be resp,!W vl-i (ilsinterested
citiz.ens of the SC ,,)t 4%,)Wh Carolina
residing within vi c ) ,iv wherein
the seizure was mie. Sd list an
appraisement shall be properly attested
by the said ofilcar or p4rson and the
alppralsirs, for which ser vice each Vf
the said appraisers shall be allowed the
sum of one dollar to be paid by the
tate CoInmissIoner.
Second. If the stid goods are believed
Iy tie olicer making th seizures to be
of 1,s2 value t!i.n (ifty dollars, no ap
praisment, shall he mu.e. The said
oii-Qr or ,ers-n stall proceI Ito pub
lith a ni )1 for tirac we*ks,in writing
at tirte I)Cs03 in the county where the
semire ,vas made, describing the arti
e: 's anid stating the time and place and
c:usO of tlheir seizare, and requiring
any person elaiuming them to appear -
and make suih claim within thirty
days froml the date of the first publica.
ti on of such notice.
Third. Any person claiming theliq.
tiors so seized as contraband, and the
vessels containing the same, within
t'e time specilled in the notice, mAy
flie witi tile State Gammissioners a
clailil statiig his interest in the arti
elei seize, and m-ty execute a bond to
I I State Con?.,nissioner in the penal
sti o1 live h,ndred dollars, with sure
i!i to b) approved by the said State
o:ntii-ii )iner, cnulitioned th,it in the
case of coudetiiatiu'I of Lhe articles sa
seize._1 the obigors siail pay all the
c,its ani expenses of the proeetings
to olbtain such condemnation; and upon
Lhe delivery of such boqds to the State
(I.iimisision,er le shall transmit the
iam,! with lie duplicate list or dbcrip
LIonl of the goods siz9 Ito the S)lic'tor
)F the circuir, in which, st1c! seizura
Vais malde, :jnd said S )licitor shall pros
at.i the ease to seenr i the f.)rfeitura
-i s-il contraL'>:nd liquors or liqaidi
a (.)e c-)itrt ii tving jurisdiction.
l"o>nrth. it no La,in is interposed
td no bond given within th time
Lb-)Vo 4pcCIlItd, 3Cl liqcsE ors shall be
)rleited wit-lti rthe procee ings
n-1i 'At SLta ,n 'nissioner snail h,aye
lit suLii i 1t'>rs tesred by tu Ssiate
hneist, and if pure shPsell the same
aroiiO: tIhe State D)'s asa,ry as
liih I:ti&1 Led by rn3. , f not
tire, hie shall soil rhe sime bayoud the
'ate an-il doj, >s1c the proceedis to the -
r*lit. ort I a .Stt Uongaissioner
rioy ia*ld, l'i :t inl seiziures ila quanati.
ie- lessi in value thtan fifty Miiar.eof
itch I iet n. 11(1 i >r, or iiq ilrer, the s 'me
t y U .Lad ver tiel, witti other qtlunt.
ics, at Co ini ibia by the State ($9mmis
1)n1or and lii)JSnal of as hesreiCbsfore
i'tvidel : IProvided further, TDgat the
um ui at , ste't litt ors ma y glie band
on h0 l'iniret I dotiart as Ivzei1 tties
do' is lil cy dollars or over,,andi shall
?tr th bar,'n of shlo,ving osfore a
imil J1 uisie thi-t lhe has complied with
to law 111ud ,h it the liq tor's is not lia.
Sto se-zure.
Soc. 3B. Ta~ t all f'erme~nted, distilldd
o)f.nor lhi't rs' or li<quids contaIning
c.>hoI b ul:) r ts,i i,ito this State or .
m~ ii:iii~ Ithureln for ,use, sale, con
" ti LoI', stor,i1; or other disposition
:ilb iijnio iAroduionh and arrIval in
,a 6.atLL, b., sab,j2ct to the operation
di elefst of' this law' to the samte ex
E :i ini the same manner as though
.h 1liji >rs or liquids had been pro
1:31 iit this State.
Sc. 33:. Thait no person, except as
)violi by this Act, shall bring into
i- s',te, or transport from place to
aee within this State, by wagon, cart,
other vehicle, or by any other n1ans
modei ot carrIage, any liquor or lq
la e ont ai ng alcohol, under a penal
If S100 or imnprisonnment for thirty
ys 10or each oltonse upon convict ron
creol, as for a misdemeanor. .Miv
rvant, agent or employee of any pee.
its, co01i)poration or associatIons, doing
siness-5 ini this State as. common car
ri, or any person whatever, (except ga
licer- semnug or exami1ning the same)
to sh all re move any intoxicating lIq
)rs [roim any railroad car,- vessel or
her vehicle of transportation at4ny
tee other than the usual and,
thd stations, wharves, depots of
aees ofl business of such common car
'rs within some city or town where.
ore is i DI)spensary, and then oni for
ch D)ispensary, or who'shall aid Inor
isent to such removal, shall upon
lvictioni be subject to a penalty of
uor imprisonment for thirty aay.
revery offense: Provided, That
Id penalty shall not apply to any llq&
)r in transit when changed from oar
c;ar to facilitate transportation
ross the State: Provided, That
is section does not apply to liquors
irchased f rom a D)ispensary and bear
the ptropmer label or certiticate. All
norsin t isStat, exeptDispensary
juors and th&o passing through con.
gne(d to points beyond, shall be
emed conltraband and may be seizedQ
t ranisit without warrant. And a
eamboat, sailing vessel, railroa,d, -
*ess company or other common
or transporting or- bringing in --

xml | txt