A. D. 1893. feited. 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 quality of the contents of the casks, packages or boxes containing the same, or causing such removal, acceptance, transportation, taking into possession, or any such delivery, shall work the forfeiture of said liquors or liquids and, Shall be forcasks or packages, and the person or persons so offending, knowingly, be subject to pay a fine of not more than five hundred dollars or imprisonment for the term of not longer than six months, Further penand the wrongful name, address, mark, stamp or style on such liquor when seized shall be considered evidence prima facie of Prima facie guilt. The books and way bills of the common carrier may be examined to trace said liquor to the shipper, who shall be liable, upon conviction, in a like penalty. alties. evidence. Books and way bills. packages to be SEC. 29. That all Constables, Deputy Constables, Sheriffs or Suspicious municipal policemen shall have the right, power and authority, detained. and it shall be their duty, whenever they are informed or suspect that any such suspicious package in possession of a common carrier contains alcoholic liquors or liquids, to detain the same for examination for the term of twenty-four hours without any warrant or process whatever. SEC. 30. That any interference by any person with, obstruction or resistence of, or abusive language to, any officer or person 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, upon conviction, be deemed guilty of a misdemeanor and be punishable by a fine of not more than one hundred dollars or imprisoned for the term of not more than 30 days. Without pro cess. Forbidden conofficer. duct to or by an Penalty. Proceedings value of $50. List. of SEC. 31. In all cases of seizure of any goods, wares or merchandise hereafter or heretofore made, as being subject to for- wized arous feiture under any provision of this Act or the former Act, which, in the opinion of the officer or person making the seizure are of the appraised value of fifty dollars or more, the said officer or person shall proceed as follows: First. He shall cause a list containing a particular description of the goods, wares or merchandise seized to be prepared in duplicate and an appraisement Appraisement. thereof to be made by three sworn appraisers, to be selected by him, who shall be respectable and disinterested citizens of the State of South Carolina, residing within the County wherein the seizure was made. Said list and appraisement shall be properly attested by the said officer or person and the said appraisers, for A. D. 1893. Pay of appraisers. When of less Contents. ant. Condition. which service each of the said appraisers shall be allowed the sum of one dollar, to be paid by the State Commissioner. Second. If the said goods are believed by the officer making the value than $50. seizure to be of less value than fifty dollars, no appraisement Public notice. shall be made. The said officer or person shall proceed to publish a notice for three weeks, in writing, at three places in the the County where the seizure was made, describing the articles and stating the time and place and cause of their seizure, and Claim for goods. requiring any person claiming them to appear and make such claim within thirty days from the date of the first publication of Filing claim. such notice. Third. Any person claiming the liquors so seized as contraband, and the vessels containing the same, within the time specified in the notice, may file with the State Commissioner a claim stating his interest in the articles seized, and may Bond of claim- execute a bond to the State Commissioner in the penal sum of five hundred dollars, with sureties to be approved by the said State Commissioner, 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; Proceedings and upon the delivery of such bond to the State Commissioner he shall transmit the same with the duplicate list or description. of the goods seized to the Solicitor of the Circuit in which such Duty of Solici- seizure was made, and said Solicitor shall prosecute the case to secure the forfeiture of said contraband liquors or liquids in the Forfeiture in Court having jurisdiction. Fourth. If no claim is interposed and no bond given within the time above specified, such liquors shall be forfeited without further proceedings, and the State Duty of State Commissioner shall have the said liquors tested by the State Chemist, and if pure shall sell the same through the State Dispensary as though purchased by him. If not pure, he shall sell the same beyond the State and deposit the proceeds to the credit Proviso as to of the State Commissioner: Provided, That in seizures in quantities less in value than fifty dollars of such illicit liquor, or liquors, the same may be advertised, with other quantities, at Columbia, by the State Commissioner, and disposed of as hereinProceeding by before provided: Provided, further, That the claimant of such small values. liquors may give bond in one hundred dollars as when the value is fifty dollars or over, and shall bear the burden of showing before a Trial Justice that he has complied with the law and that the liquor is not liable to seizure. thereunder. tor. case of no claim Commissioner. small values. claimant of Liquors on ar SEC. 32. That all fermented, distilled or other liquors or be subject to its liquids containing alcohol, transported into this State, or remain rival in State to laws. ing herein for use, sale, consumption, storage or other disposition, A. D. 1899. shall, upon introduction and arrival in this State, be subject to the operation and effect of this law to the same extent and in the same manner as though such liquors or liquids had been produced in this State. transportation vehicles. Removal of liquors at u n SEC. 33. That no person, except as provided in this Act, shall Penalty for bring into this State, or transport from place to place within of liquors in this State, by wagon, cart or other vehicle, or by any other means or mode of carriage, any liquors or liquids containing alcohol, under a penalty of one hundred dollars or imprisonment for thirty days for each offense, upon conviction thereof, as for a misdemeanor. Any servant, agent or employee of any persons, corporation or associations, doing business in this State usual stations. as common carrier, or any person whatsoever, (except an officer seizing or examining the same) who shall remove any intoxicating liquors from any railroad car, vessel or other vehicle of transportation at any place other than the usual and established stations, wharves, depots or places of business of such common carriers within some city or town where there is a Dispensary, and then only for such Dispensary, or who shall aid in or consent to such removal, shall upon conviction be subject to a penalty of Penalty. fifty dollars or imprisonment for thirty days for every such offense Provided, That said penalty shall not apply to any liquor in transit when changed from car to car to facilitate transportation across the State: Provided, That this Section does not apply to liquors purchased from a Dispensary and bearing the proper label or certificate. All liquors in this State, except Dispensary liquors and those passing through consigned to points Liquors in beyond, shall be deemed contraband and may be seized in transit without warrant. And any steamboat, sailing vessel, railroad, Penalties express company or other common carrier transporting or bringing into this State for sale or use therein, except by the Dispensary, shall suffer a penalty of five hundred dollars and costs for each offense, to be recovered by the Solicitor of the Circuit, or the Attorney-General, by an action brought therefor in any Court of competent jurisdiction. The State Constables, Sheriffs, omcers may municipal police or any lawful Constable may enter any railroad search cars, &c. car, or express car, or depot, or steamboat, or other vessel, without warrant and make search for such contraband liquors, and may examine the way bills and freight books of said common carriers, and any one interfering with or resisting such officer shall be punished by a fine not exceeding $100 or imprisonment Penalty for not longer than 30 days. Exceptions. transitu within State. against common carriers. Recovery of. enter and resisting. 1 A. D. 1893. Arrest of open violators. Punish ment acts. certified declar band. SEC. 34. That any person detected openly in the act of violating any of the provisions of this Act shall be liable to arrest without warrant, provided a warrant shall be procured within a reasonable time thereafter. All SEC. 35. That violations of any of the Sections of this Act, for forbidden where punishment upon conviction is not especially provided for, the person or persons or corporation so convicted shall be punished in the discretion of the Court trying the same. alcoholic liquors, other than domestic wine, and in quantity Liquors not more than five gallons, which do not have on the packages ed to be contra- in which they are contained the labels and certificates going to show that they have been purchased from a State officer authorized to sell them are hereby declared contraband, and on seizure will be forfeited to the State as provided in Section 31: Provided, That this Section shall not apply to liquor held by the owners of registered stills. Persons having more Protection may than five gallons of liquor elsewhere than at his or her home, liquor stored. which they wish to keep for their own use, may throw the protection of the law around the same by furnishing an inventory of the quantity and kinds to the State Commissioner and applying for certificates to affix thereto. After sixty Forfeiture. be had for tified. shipment. Liquor not cer- days from the approval of this Act any liquor found in the State not having such certificates may be seized and confiscated. Certificates for Persons having more than they wish to use may obtain certificates to ship beyond the limits of the State. Any person affixing, Imitation or causing to be affixed, to any package containing alcoholic. vices prohibited liquor any imitation stamp or other printed or engraved label or device than those furnished by the State Commissioner shall for Penalty. each offense be liable to a penalty of ten days' imprisonment or twenty-five dollars' fine. stamps or de Rescue from officer. Penalty. Contra band SEC. 36. Every person who dispossesses or rescues from a Constable or other officer, or attempts so to do, any alcoholic liquor taken or detained by such officer charged with the enforcement of this law, shall, upon conviction, be imprisoned thirty days or pay a fine of one hundred dollars. SEC. 37. Any person handling contraband liquor in the night liquor by night. time, or delivering the same, shall be guilty of a misdemeanor, and on conviction shall be punished by imprisonment for thirty days or one hundred dollars' fine. Penalty. Transportation by vehicles at night. SEC. 38. Any wagon, cart, boat or other conveyance transporting contraband liquor at night, other than regular passenger or freight steamers and railway cars, shall be liable to seizure and A. D. 1893. Proceedings. cancel labels. Burden of proof where confiscation; and to that end the officer shall cause the same to be appraised by three disinterested citizens, and unless recovered by claim and delivery proceedings and suitable bond shall be advertised and sold and proceeds sent to the State Commissioner, SEC. 39. Every Dispenser when he sells a package containing Dispenser to liquor shall put a cross mark in ink on the label or certificate thereon, extending from the top to the bottom and from side to side. When any liquor is seized because it has not the necessary certificates and labels required by this Act, the burden of proof liquor not labelshall be upon the claimant of said spirits to show that no fraud has been committed and that the whiskey is not contraband. SEC. 40. That any railroad, steamboat, express company or other common carrier shall incur a penalty of treble the invoice treble value of price of any alcoholic liquors lost or stolen in transit to or from stolen. the Dispensary, whether shipped as released or not, such penalty to be recovered by action in any Court of competent jurisdic- Recovery. tion. ed. Common carriers liable for goods lost or Agency for purchase of ed. SEC. 41. That it shall be unlawful for any person to take or to solicit orders, or to receive money from other persons for the liquors prohibitpurchase or shipment of any alcoholic liquors for or to such other persons in this State, except for liquors to be purchased and shipped from the Dispensary, and any person violating this Section, upon conviction, shall be deemed guilty of a misdemeanor, and shall be punished by imprisonment not to exceed thirty days Penalty. or by a fine not to exceed one hundred dollars. SEC. 42. It shall be the duty of Sheriffs, Deputy Sheriffs and Constables having notice of the violation of any of the provisions of this Act to notify the Circuit Solicitor of the fact of such violation, and to furnish him the names of any witnesses within their knowledge by whom such violation can be proven. If any such officer or Solicitor shall willfully fail to comply with the provisions of this Section, he shall, upon conviction, be fined in a sum not less than one hundred dollars nor more than five hundred dollars; and such conviction shall work a forfeiture of the office held by such person; and the Court before whom such conviction is had shall, in addition to the imposition of the fine aforesaid, order and adjudge the forfeiture of his said office. Officers to notify Solicitors Failure of duty by Solicitor. Penalty. Governor to appoint State SEC. 43. The Governor shall have authority to appoint one or more State Constables at a salary of two dollars per day and Constables. expenses when on duty, and two Chief Constables at three dollars each per day and expenses, to see that this Act is enforced, Pay. Pay. bles. |