conviction shall be punished by a fine of not exceeding thirty dollars or by imprisonment in the County jail for a term not exceeding thirty days. A. D. 1894, Penalty. Protection of season. 286; 1885, XIX., 67. 1888, XX., Sec. 432. (1694.) It shall not be lawful for any person in this State, between the first day of April and the first day of game in certain November, in any year hereafter, to catch, kill, or injure, or to 1850, X VII., pursue with such intent, or to sell or expose for sale, any wild 391; 1887, XIX., turkey, partridge, quail, woodcock or pheasant; or between the 50; first day of March and the first day of August, any dove; or at any time during the year to catch, kill or injure, or to pursue with such intent, by fire-light, any of the birds named in this Section. And any person so doing shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not Penalty. more than twenty dollars or be imprisoned not more than thirty days. to persons killing for scientitle purposes. lb., 85. Sec. 433. (1700.) Nothing herein shall apply to any person Not applicable who shall kill or take any of the said birds for the purpose of studying its habits or history, or having the same stuffed and set up as a specimen, or to any person who shall kill on his premises any of the said birds in the act of destroying fruit or grain crops. Sec. 434. (1712.) Any person or persons who shall feloniously gather, remove, take or steal from any oyster bed, laying or fishery any oysters or oyster brood there growing, lying or being, such oyster bed, laying or fishery being the property of any other person or persons, and cultivated and used by the proprietor or proprietors thereof for the production, growing and improvement of oysters, and being sufficiently marked out, shall be deemed and held guilty of larceny, and he, she or they, his, or her or their aiders, helpers, abettors or accessories, being thereof convicted by due course of law, shall be punished as in cases of larceny. Sec. 435. (1713.) If any person or persons shall unlawfully and willfully use any dredge, or any net, instrument or engine whatsoever, within the limits of any such oyster bed, laying or fishery, as aforesaid, for the purpose of taking oysters or oyster brood, although none be actually taken, or shall with any net, instrument or engine drag upon the ground or soil of any such oyster bed, laying or fishery, every person or persons so offending shall be held and deemed guilty of a misdemeanor, and upon. being convicted thereof shall be punished by fine or imprisonment, or both, as the Court may award, such fine not to exceed Penalty for stealing oysters from oyster beds 1848, XI., 448. Penalty for dredges, &c. using nets, Ib. A. D. 1894. Not to apply to dishing. Ib. one hundred dollars and such imprisonment not to exceed six months. Sec. 436. (1714.) Nothing contained in the two preceding Sections shall be so construed as to prevent any person or persons from catching, or fishing for, any swimming or floating fish within the limits of any oyster bed, laying or fishery with any net, instrument or engine adapted for taking swimming or floating fish. The handling or keeping of alcoholic li quors, trans moving the CHAPTER XXVII. Violations of Laws Regulating the Sale of Spirituous SEC. Liquors. 437. The handling or keeping of alcoholic 438. State Board of Control. 442. County Board of Control. 443. Applications for position of Dispen sers. 444. Number and location of dispensaries. 446. Office and Clerk of County Board. 450. Failure of Dispenser to make return. 453. United States special tax evidence of 454. Privileges to license druggists. 455. Penalties for false signatures, state- 456. False oaths and illegal acts of Dis- 457. Liquors at clubs prohibited. 458. Liquor resorts declared nuisances. 461. Disposition of liquors seized. SEC. 462. Illicit liquors; possession of and debt for. 463. Proceeding in rem. 464. Packages falsely branded to be for feited. 465. Suspicious packages to be retained. 466. Forbidden conduct to or by an officer. 467. Proceedings when goods seized below the value of $50. 468. Liquor on arrival in State to be sub- 469. Penalty for transporting. 471. Punishment for forbidden acts. 473. Handling contraband liquor at night. 475. Dispenser to cancel labels. 481. Sales of liquors near churches and 482. Actions against officers acting under this law. 483. Clubs not to dispense liquors without a license. 484. Selling to known intemperate persons and minors prohibited. 485. Physician not to prescribe except to patients. Section 437. The manufacture, sale, barter or exchange, porting or re- receipt, acceptance, delivery, storing and keeping in possession, same prohibited within this State, of any spirituous, malt, vinous, fermented, vided herein. brewed (whether lager or rice beer) or other liquors, or any compound or mixture thereof, by whatever name called or known, except as pro 1893, XXI., 430, $1. which contains alcohol and is used as a beverage, by any person, firm or corporation; the transportation, removal, the taking from the depot or other place by consignee or other person, or the payment of freight or express or other charges by any person, firm, association or corporation upon any spirituous, malt, vinous, fermented, brewed (whether lager, rice or other beer) or other liquor or any compound or mixture thereof, by whatever name called or known, which contains alcohol and is used as a beverage, except as is hereinafter provided, is hereby prohibited under a penalty of thirty days' imprisonment or one hundred dollars' fine for each offense. All such liquors, except when bought from a State officer authorized to sell the same or in possession 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. 438. The Governor, the Attorney-General and the Comptroller-General shall, ex officio, constitute a State Board of Control to carry out the provisions of this Chapter. A. D. 1894. State Board of Appointment of Commi s of term of &c. Ib., § 3. Sec. 439. The Governor shall, at the expiration of the term of the present Commissioner, and at the expiration of every two stoner; duties years thereafter, appoint a Commissioner, which appointment office; salary, shall be submitted to the Senate at its next session for its approval; said Commissioner shall be believed by the Governor to be an abstainer from intoxicants, and shall, under such rules and regulations as may be made by the State Board of Control, purchase all intoxicating liquors for lawful sale in this State, and furnish the same to such persons as may be designated as Dispensers thereof, to be sold as hereafter prescribed in this Chapter. Said Commissioner shall reside, and have his place of business, in the city of Columbia, in this State, and hold his office two years from appointment and until another be appointed in his stead. He 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 receive an annual salary of three thousand dollars, payable at the same time and in the same manner as is provided for the payment of the salaries of State officers. He shall be allowed a bookkeeper, who shall be paid in the same manner a salary of twelve hundred dollars, and such other assistants as in the opinion of the Board of Control may be deemed necessary. He shall not sell to the County Dispensers any intoxicating or fermented liquors A. D. 1894. 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 may find necessary to assist the chemist of the South Carolina College in making the analyses required by this Chapter, and the said State Board of Control may fix such reasonable compensation, if any, as they may deem proper for the services rendered by such chemist or such assistants. The State Commissioner shall deposit all amounts received by him from sales to County Dispensers or others with the Treasurer of the State under such rules as may be made by the State Board of Control to insure the faithful return of the same, and the State Treasurer shall keep a separate account with said fund, from which the Commissioner shall draw from time to time, upon warrants duly approved by the Chairman of said Board, the amounts necessary to pay the expenses incurred in conducting the business. All rules and regulations governing the said Commissioner 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 Control. He shall, before entering upon the duties of his office, execute a bond to the State Treasurer, with sufficient sureties, to be approved by the Attorney-General, in the penal sum of ten thousand dollars, for the faithful performance of the duties of his office. In all purchases or sales of intoxicating liquors made by said Commissioner as contemplated in this Chapter, the Commissioner shall cause a certificate to be attached to each and every package containing said liquors when the same is shipped to him from the place of purchase, or by him to the County Dispensers, certified by his official signature and seal, which certificate shall state that liquors contained in said package have been purchased by him for sale within the State of South Carolina, or to be shipped out of the State under the laws of said State; and without such certificate any package containing liquors which shall be shipped out of the State, 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 the possession of any common carrier, shall be regarded as contraband and may be seized, without warrant, for confiscation, and such 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 to be instituted by the Solicitor of any Circuit, with whom evidence may be lodged by any officer or citizen having knowledge or information of the violation; and any person attaching or using such certificate without the authority of the Commissioner, or any counterfeit certificate, for the purpose of securing the transportation of any intoxicating liquors out of or within this State in violation of law, shall upon conviction thereof be punished by a fine of not less than five hundred dollars and imprisonment in the Penitentiary for not less than one year for each offense. A. D. 1894. ment by Com filled. Ib., $4. Sec. 440. Said Commissioner shall make a printed quarterly Quarterly statestatement, under oath, of all liquors sold by him, enumerating missioner to be the different 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. 441. The State Commissioner shall, before shipping any liquors to Dispensers, except lager beer, cause the same to be put into packages of not less than one-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 or open the same for any reason whatever. He shall sell by the package only, and no person shall open the same on premises: Provided, This Section shall not apply to malt liquors shipped in cases, or bottles thereof shipped in barrels, and such malt liquors may be sold by the County Dispenser 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 the day time, under such rules as may be made by the State Board of Control. Packages for by Dispensers, shipment; sales &c. Ib., § 5. of Control; how I b., § 6. Sec. 442. It shall be the duty of the State Board of Control County Board to appoint a County Board of Control, composed of three persons appointed; believed by said Board not to be addicted to the use of intoxi- rules for, &c. cating liquors, who shall hold their office for a term of two years, and until their successors are appointed. Said County Board of Control shall be subject to removal 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 intoxicating liquors in their respective Counties: Provided, All such rules shall be submitted to the State Board and approved by them before adoption. Said County Board of Control shall qualify |