Imágenes de páginas


A. D. 1892.

Closing and


permitted to resort for the purpose of drinking intoxicating
liquors as a beverage, or where intoxicating liquors are kept for
sale, barter or delivery in violation of this Act, are hereby de-
clared to be common nuisances; and if the existence of such
nuisance be established, either in a criminal or equitable action, How established
upon the judgment of a Court, or Judge having jurisdiction, find-
ing such place to be a nuisance, the Sheriff, his Deputy, or any
Constable of the proper County or city where the same is located,
shall be directed to shut up and abate such place by taking pos-
session thereof, if he has not already done so, under the provi-
sions of this Act; and by taking possession of all such intoxi- Property to be
cating liquors found therein, together with all signs, screens,
bars, bottles, glasses and other property used in keeping and
maintaining such nuisance; and such personal property so taken
possession of shall, after judgment against said defendant, be
forthwith confiscated to the State, and the owner or keeper Confiscation.
thereof shall, upon conviction, be adjudged guilty of maintain-
ing a common nuisance, and shall for the first offense be pun-
ished by a fine of not less than one hundred dollars nor more
than one thousand dollars, or by imprisonment in the County
jail of not less than ninety days nor more than one year, and for
each successive offense be punished by imprisonment in the Peni-
tentiary for a period not exceeding two years nor less than one


abate and en


SEC. 23. The Attorney-General, his assistant, the Circuit Soli- Actions to citor, or any citizen of the County where such nuisance exists, or join. is kept or maintained, may maintain an action in the name of the State to abate and perpetually enjoin the same. The injunc- Order of intion shall be granted at the commencement of the action in the usual manner of granting injunctions, except that the affidavit or complaint, or both, may be made by the Attorney-General, his assistant or the Solicitor of the Circuit, upon information or belief, and no bond shall be required; and if an affidavit shall be Without bond. presented to the Court or Judge, stating or showing that intoxicating liquors, particularly describing the same, are kept for sale, or are sold, bartered or given away on the premises, particularly describing the same where such nuisance is located, contrary to law, the Court or Judge shall at the time of granting the injunction issue his orders, commanding the officer serving the writ of injunction, at the time of such service, diligently to search the Search of premises and carefully to invoice all the articles found therein, used in or about the carrying on of the unlawful business, for


A. D. 1892.

Fees to officer.

Seizure of liquors.



bar suit against officer.

which search and invoicing said officer shall receive the fees now allowed by law for serving an injunction. If such officer upon such search shall find upon such premises any intoxicating liquor, or liquors of any kind, in quantity going to show it was for purpose of sale or barter, he shall take the same into his custody and turn over the same to the Sheriff of the County, who shall securely hold the same to abide the final judgment of the Court in the action (the expenses for holding to be taxed as part of the Other seizures. costs of the action); and such officer shall also take possession of all personal property found on such premises, and turn over the same to the Sheriff of the County, who shall hold the same until Evidence of the final judgment in the case. The finding of such intoxicating liquors on such 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 hereReplevin pro- inbefore provided, 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 Judgment to herein provided are pending; and final judgment in such proceedings in favor of the plaintiff shall, in all cases, be a bar to all suits against such officer or officers for recovery of any liquors seized, or the value of the same, or for damages alleged to arise by reason of the seizure and detention thereof. Any person violating the terms of any injunction granted in such proceedings shall be punished for contempt, for the first offense, by a fine of not less than two hundred dollars nor more than one thousand dollars, and by imprisonment in the County jail not less than ninety days nor more than one year. In case judgment is rendered in favor of plaintiff in any action brought under the provisions of this Section, the Court or Judge rendering the same shall also render judgment for a reasonable attorney's fee in such action in favor of the plaintiff, and against the defendants therein, which attorney's fee shall be taxed and collected as the other costs therein, and when collected paid to the attorney or attorneys of the plaintiff therein Provided, If such attorney be the State's Attorney or Solicitor, such attorney's fee shall be paid into the County treasury. In contempt proceedings arising out of the violations of any injunction granted under the provisions of this Act, the for contempts. Court, or, in vacation, the Judge thereof, shall have the 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


Attorneys' fees.

Punish ment


A. D. 1892.



may plead in 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, or both; the defendant may be required to make answers to interrogatories, either written or oral, as in the discretion. of the Court or Judge may seem proper; the defendant shall not necessarily be discharged upon his denial of the facts stated in the moving papers. The Clerk of the Court shall, upon the ap- Subpoenas. plication 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.

Sheriffs and

failure of duty.


SEC. 24. It shall be the duty of the Sheriffs, Deputy Sheriffs Duties of and Constables having notice of the violation of any of the Constables. 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 shall willfully fail to comply with Penalty for 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 be 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. SEC. 25. No person shall knowingly bring into this State, or Unlawful knowingly transport from place to place within this State, by of liquor. wagon, cart or other vehicle, or by any other means or mode of carriage, any intoxicating liquors with the intent to sell the same in this State in violation of law, or with intent that the same shall be sold by any other person, or to aid any other person in such sale, under a penalty of five hundred dollars and costs for Penalties. each offense, and in addition thereto shall be imprisoned in the County jail for one year. In default of payment of said fine and costs the party shall suffer an additional imprisonment of one year. Any servant, agent or employee of any railroad corporation, or of any express company, or of any persons, corporations or associations, doing business in this State as common carriers, who shall remove any intoxicating liquors Removal from from any railroad car, vessel or other vehicle of transportation, than depots, &c. at any place other than the usual and established stations, wharves, depots, or places of business of such common carriers within some incorporated city or town, where there is a dispensary, or who shall aid in or consent to such removal, shall be subject to a penalty of fifty dollars and imprisonment for thirty Penalty.

car, &c., at other

A. D. 1892.



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. All such liquors intended for unSeizure in lawful sale in this State may be seized in transit, and proceeded against as if it were unlawfully kept and deposited in any place. Penalties And any steamboat, sailing vessel, railroad, or express company, or other corporation, knowingly transporting or bringing such liquors into the State shall be punished upon conviction by a Knowledge of fine of five hundred dollars and costs for each offense. Knowlagent. edge on the part of any authorized agent of such company shall be deemed knowledge of the company.

against carriers.

Appointment of Constables.

Local prohibitory Acts not repealed.



SEC. 26. The Governor shall have authority to appoint one or more State Constables at a salary of two dollars per day and expenses, when on duty, to see that this Act is enforced, the same to be charged to the expense account of the State Commissioner. SEC. 27. No law now in effect prohibiting the sale of intoxicating liquors in any of the Counties or towns of this State is repealed by this Act.

SEC. 28. All Acts and parts of Acts inconsistent with this Act are hereby repealed.

Approved December 24th, A. D. 1892.

No. 29.

ty company authorized.


SECTION 1. Be it enacted, by the Senate and House of Representatives of the State of South Carolina, now met and sitting in General Assembly, and by the authority of the same, That from Bond of sure and after the passage of this Act, any County or State officer, who is now or may hereafter be required to give a bond conditioned for the faithful performance of his legal duties, with sureties, may, in lieu thereof, secure and furnish a bond of indemnity, or policy of assurance or insurance, for the amount now or hereafter required by law for such officer, written by a company duly corporated and empowered by law to execute bonds or policies of suretyship and of guarantee against loss by reason

of defalcation, infidelity, misfeasance or malfeasance on the part of the assured.

SEC. 2. That said bond or policy shall be made payable, in case of loss, to the State.

A. D. 1892.

To be payable to State.

panies may

with law.


SEC. 3. That any foreign company empowered by its home Foreign comcharter to issue bonds or policies of suretyship may write said write bonds. bonds in this State: Provided, That they comply with the law on compliance now of force in this State regulating foreign insurance companies; all of which law as now of force is hereby made applicable to companies issuing bonds or policies of suretyships: And provided, further, That any such foreign company desiring to do business in this State shall first buy and deposit with the State Deposit of Treasurer, or with such banking or trust company in this State as may be agreed upon by the said State Treasurer and such foreign company, the sum of twenty-five thousand dollars in State or United States bonds, as a guarantee of the solvency of said company; and in case such deposit is made with a banking or trust company, said company shall certify the same to the State Treasurer, and the said bonds so deposited shall at all times be subject to the inspection of the said Treasurer; and said deposit shall remain in possession of said Treasurer so long as the said foreign companies carry any risks in this State.

be paid out of

SEC. 4. That in case any foreign company, as aforesaid, shall Judgment to fail to pay any judgment obtained against it by reason of defal- bonds deposited cation of any officer guaranteed by them, the said deposit shall be subject to levy to satisfy the same; and in case of the reduction of the said deposit, as aforesaid, the said company shall again deposit such an amount of State or United States bonds as maintained. may be necessary to bring the said deposit up to the said amount of twenty-five thousand dollars before said company shall again be permitted to assume any risks of suretyships in this State. Approved December 24th, A. D. 1892.

Deposit to be


No. 30.

Whereas, There is now in the hands of the State Treasurer Preamble. the sum of twelve hundred and ninety-five (1,295.00) dollars

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