72 Miss. 896 | Miss. | 1895
delivered the opinion of the court.
We think it clear that a new ground of attachment — the ‘ ‘ selling or giving away by any person at his place of business, unlawfully, of liquors,’’ or the “ allowing ” this to be done — was created by $ 1590, code 1892, for the particular purposes of that section. The grounds<of attachment in chapter nine of the code are not applicable to the cause of action dealt with by said section. A consideration, historically, of our legislation on this subject puts it beyond doubt. See § 1109, Code 1880; Laws 1890, ch. 2, §2; Ib. ch. 8, §2; Code 1892, §§ 4191, 4255, 125, 1590, 1591, 93, 562; Laws 1894, ch. 34, § 2. It is to be noted that under § 1591, code 1892, the district attorney may sue the regularly licensed dealer on his bond; and, under § 125, by attachment. But this means attachment on some of the usual grounds in chapter 9, since it is against one who, like other persons, is conducting a lawful business, and has given bond to which resort can be had upon failure to comply with its conditions. Section 1590 provides a further remedy, by summary seizure of the property in an unlawful business, by attachment sued out on the single ground therein specified. , The words “ without bond " in § 1590 confer no new right upon
The purpose of the legislature to suppress illicit traffic in liquors has been most emphatically declared. Section 1590 is a signal instance of this purpose. The state revenue agent is clothed now with the fullest authority in the premises (Laws 1894, p. 29); and the laws relating to his duties — duties of the
The judgment quashing the affidavit and writ of attachment, and vacating the j udgment on the attachment issue, and withdrawing the venditioni exponas, is reversed, and said affidavit, writ and judgment on attachment issue are reinstated,, and a venditioni exponas ordered to be issued.
Reversed-