gists.

kept by druggist.

illegal use.

A. D. 1898. purchase of Dispensers of the Counties of their residence intoxicating liquors (not including malt) for the purpose of compounding medicines, tinctures and extracts that cannot be used as a Price to drug- beverage. The Dispensers shall not charge such licensed druggists more than ten per cent. net profit for liquors so sold. Such Account to be purchaser shall keep a record of the uses to which the same are devoted, giving the kind and quantity so used, and quarterly they shall make and file with the County Auditor and with the Sworn reports. 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 giving 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 comPenalty for poundings. If said licensed druggist shall sell, barter, give away or exchange or in any manner dispose of said liquors for any purpose other than authorized by this Section, he shall upon Revocation of conviction forfeit his license and be liable to all penalties, prolicense. secutions and proceedings at law and in equity provided against persons selling without permit, and upon such conviction the Clerk of the Court shall, within ten days after such judgment or order, transmit to the Board of Pharmaceutical Examiners the certified record thereof, upon receipt of which the said Board shall strike the name of the said druggist from the list of pharmacists and revoke his certificate: Provided, That nothing herein contained shall be construed to authorize the manufacture or sale of any preparation or compound, under any name, form or device, which may be used as a beverage which is intoxicating in its character: And provided, further, That the State ComSale of alcohol. missioner shall be authorized to sell to manufacturing chemists and wholesale druggists alcohol by the barrel at cost.

druggist's

Proviso.

False signatures, statements, &c.

Penalty.

False oaths.

Penalty.

SEC. 19. If any person shall make any false or fictitious signature, or sign any name other than his or her own, to any paper required to be signed by this Act, without being authorized so to do, or make any false statement in any paper, request or application signed to procure liquors under this Act, the person so offending shall be guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine of not more than twentyfive dollars or be imprisoned not more than thirty days.

SEC. 20. If any Dispenser, or his clerk, shall make false oath touching any matter required to be sworn to under the provisions of this Act, the person so offending shall, upon conviction, be punished as provided by law for perjury. If any County Dis

A. D. 1893.

Illegal acts by

penser shall purchase or procure any intoxicating liquors from other person than the State Commissioner, or make any false returns to the County Auditor, or use any request for liquors for Dispensers. more than one sale, in any such case he shall be deemed guilty

of a misdemeanor, and upon conviction be punished by a fine of Penalty. five hundred dollars or six months' imprisonment.

clubs prohibited

abettors.

Penalty.

hotels.

and

SEC. 21. Every person who shall directly or indirectly keep or Liquors at maintain, by himself, or by associating or combining 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 liquors are received or kept for use, barter or sale as a beverage, or for distribution or division among the members of any club or association by any means whatever, and every person who shall receive, barter, sell, assist, or abet another in receiv- Alders ing, bartering or selling, any alcoholic liquors so received or kept, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed one hundred dollars or 30 days' imprisonment: Provided, That the Proviso as to State Board of Control shall have the power, upon a proper showing and under such rules as they may adopt, to exempt hotels where tourists or health-seekers resort from being considered nuisances or as violating this Act by reason of any managers of such hotels dispensing liquors bought from the Dispensary, by the bottle, either night or day, among the bona fide guests of such hotel; but before any such exemption shall be granted the Terms of the State Board of Control shall require the manager of such hotel to give a good and sufficient bond, in the penal sum of three Bond. thousand dollars, conditioned for the observance of all the rules, regulations and restrictions prescribed and imposed by the said Board and with all the requirements of this Act; and it shall be lawful for any Constable or officer thus empowered under this Right of entry Act to enter such hotel and search it, at any time, day or night, without a warrant, for contraband liquors.

exemption.

by Constables.

Liquor resorts declared to

SEC. 22. All places where alcoholic liquors are sold, bartered or given away in violation of this Act, or where persons nuisances. are permitted to resort for the purpose of drinking alcoholic liquors as a beverage, or where alcoholic liquors are kept for sale, barter or delivery in violation of this Act, are hereby declared to be common nuisances, and any person may go before any Trial

be

Justice in the County and swear out an arrest warrant, on per- Arrest warrant. sonal knowledge or on information and belief, charging said nuisance, giving the names of witnesses, against the keeper or

A. D. 1893.

rected.

liquors.

appliances.

case.

plicate.

manager of such place and his aids and assistants, if any, and such Trial Justice shall direct such arrest warrant either to the To whom di- Sheriff of the County or to any special Constable, commanding said defendant to be arrested and brought before him to be dealt with according to law, and at the same time shall issue a search Search warrant. warrant, in which the premises in question shall be particularly described, commanding such Sheriff or Constable to thoroughly Seizure of search the premises in question and to seize all alcoholic liquors found thereon, and dispose of them as provided in Section 33, and shall also seize all vessels, bar fixtures, screens, bottles, And barroom glasses and appurtenances apparently used or suitable for use in Inventory. retailing liquors, to make a complete inventory thereof, and deposit the same with the Sheriff. That under the arrest Disposition of warrant the defendant shall be arrested and brought before such Trial Justice 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 the Court of General Sessions for the County he shall make out every paper Papers in du- in the case in duplicate and file one copy of the proceedings with the Clerk of the Court for the County and immediately transmit the other copy to the Solicitor of the Circuit, whereupon Duty of Solici- said Solicitor shall at once apply to the Circuit Judge, at chambers, within that Circuit, for an order restraining the defendants, their servants or agents, from keeping, receiving, Restraining bartering, selling or giving away any alcoholic liquors until the further order of the Court. Such Circuit Judge is hereby authorized, empowered and required to grant the said restrainNo undertak- ing order, without requiring a bond or undertaking, upon the hearing or receipt by him of said papers from the Court of said Trial Justice by the hands of the Solicitor; and any violation of said restraining order before the trial of the case shall be Contempt of deemed a contempt of Court and punished as such by said Judge punishment. or Court, as for the violation of an order of injunction. Upon Conviction for conviction of said defendants of maintaining said nuisance at the trial, they, or any of them, shall be deemed guilty of a misdePunishment. meanor, punishable by imprisonment in the State Penitentiary for a term of not less than three months, or a fine of not less than two hundred dollars, or by both, in the discretion of the Restraining Court, and the restraining order shall be made perpetual. The order mace per- articles covered by the inventory which were retained by the

tor.

order.

ing required.

Court and its

nuisance.

petual.

Forfeiture to Sheriff shall be forfeited to the State and sold and the net Sale by Sheriff. proceeds sent to the State Commissioner, and the Sheriff shall

State.

evidence.

cover prohibited

Action prohibited.

in Contempt and

its punishment.

forthwith proceed to dispose of the alcoholic liquors covered by A. D. 1893. said inventory as provided for in this Act as when other liquors are seized. The finding of such alcoholic liquors on such Prima facie premises, with satisfactory evidence that the same was being disposed of contrary to this Act, shall be prima facie evidence of the nuisance complained of. Liquors seized as herein before Process to reprovided, and the vessels containing them, shall not be taken from the custody of the officer 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 liquors under this Act. Any person violating the terms of any restraining order granted such proceedings shall be punished for contempt, by a fine of not less than two hundred dollars nor more than one thousand dollars, and by imprisonment in the State Penitentiary not less than ninety days nor more than one year. In contempt proceedings arising out of the violation of any in- Summary trial junction granted under the provisions of this Act, the Court, or in vacation the Judge thereof, shall have power to try summarily and punish the party or parties guilty, as required by law. The affidavits upon which the attachment for contempt issues shall make a prima facie case for the State. The accused may plead Rights of acin the same manner as to an indictment in so far as the same is applicable. Evidence may be oral or in the form of affidavits, Evidence. or both; the defendant may be required to make answers to interrogatories, either written or oral, as in the discretion of the Interrogatories Court or Judge may seem proper; the defendant shall not necessarily be discharged upon his denial of the fact stated in the moving papers. The Clerk of the Court shall, upon the applica- Witnesses. tion of either party, issue subpoenas 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.

for contempt.

Affidavit.

cused.

to defendant.

domestic wines.

SEC. 23. The State Commissioner, under rules and regulations Contracts for provided by the State Board of Control, may enter into contracts with responsible grape growers in this State for the sale of domestic wines through the Dispensary, so as to encourage grape growing in this State, and in furtherance of this object not more than ten per cent. profit to the Dispensary over the expenses of bottling, labeling, freightage, etc., shall be charged for the handling of such wines. The manager of every registered dis- Registered distillery of liquor in this State shall report quarterly to the State by.

Profit to dispensary.

tillers; reports

A. D. 1893.

deemed com

Commissioner, showing the number of gallons of each kind of liquor on hand, manufactured or disposed of during the quarter, When to be and if the said report fail to correspond with the return of said dismon nuisances. tillery to the United States Internal Revenue Collector for this State, or it is shown that said manager has disposed of liquor contrary to this Act, said distillery shall be deemed to be a common nuisance, and the said manager and his aiders and assistants and Proceedings the premises shall be proceeded against as in this Act provided as to places where liquors are sold contrary to this Act.

against.

Search warrants.

SEC. 24. In all cases of places where liquors are unlawfully kept or stored, the same not being in an open house or exposed to view, and a search being necessary, upon affidavit to that effect, or on information and belief that contraband liquor is in such By whom issued place, a search warrant shall be issued by a Justice, Judge or Trial Justice, or Mayor, or Intendant of a city or town, to whom application is made, empowering a Constable, or any person who Authority con- may be deputized, to enter the said place by day time or in the night time and to search and examine the said premises for the purpose of seizing the said contraband liquors therein concealed, Disposition of kept or stored, which said liquor when so seized shall be disposed of as hereinafter provided.

ferred.

liquors seized.

Seizure without warrant.

Exception.

Illicit liquors; possession of, and debt for.

SEC. 25. That any of the liquors set forth in Section one (1) of this Act which are contraband may be seized and taken without warrant by any State Constable, Sheriff or policeman, while in transit or after arrival, whether in possession of a common carrier, depot agent, express agent, private person, firm, corporation or association, and reported to the State Commissioner at once, who shall dispose of the same as hereinafter provided: Provided, 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.

SEC. 26. That the possession of said illicit liquors is hereby prohibited and declared unlawful, and any obligation, note or indebtedness contracted in their sale or transportation is declared to be absolutely null and void, nor shall any action or suit for the recovery of the same be entertained in any Court in this State Proceed in g SEC. 27. That the proceeding against liquor so illegally kept,

in rem.

Packages falsely branded.

stored, sold, delivered, transported or being transported shall be considered a proceeding in rem, unless otherwise herein provided, elsewhere than at his or her residence.

SEC. 28. That the carriage, transportation, possession, removal, sale, delivery or acceptance of any of the said liquors or liquids