Chap. 248.—An ACT to provide for submitting the question of liquor
license to the qualified voters of the several counties, corporations
and magisteridl districts.

Approved Februarye6, 1886.

1. Be it enacted by the general assembly of Virginia, That
it shall be the duty of the judge of each county and corpora-
tion court in the commonwealth of Virginia, whenever such a
number of the duly qualified voters of each magisterial district of
a county, or whenever such a number of the duly qualified
voters of any magisterial district in any county, or whenever
such a number of the duly qualified voters of a corporation
(having over five thousand inhabitants and a corporation court)
as constitute one-fourth of the number of voters voting at the
preceding regular November election in such county, magiste-
rial district or corporation, shall petition, either in term-time or
in vacation, to order a special election in his county so peti-
tioning, or in any magisterial district of his county so petition-
ing, or in his corporation so petitioning, on the question of li-
quor license or no liquor license. Such county or corporation
judge, as the case may be, shall, within ten days after the re-
ceipt of said petition, issue his writ of election, in which shall
be fixed the day of holding such election, directed to the sheriff
of his county or city, or sergeant of his corporation, as the case
may be, whose duty it shall be to forthwith post, at each voting
precinct in said county, if the election is to be held in the whole
‘county, or at the voting precincts in any magisterial district,
when the election is ordered to be held only in such magiste-
rial district, or at the voting precincts in said corporation, no-
tice of said election; and shall also give notice to the officers
charged with the duty of conducting other elections in said
county, magisterial district, or corporation, as the case may be:
provided, that no election shall be held under this act within
less than thirty days from the posting of such notices as afore-
said. Said special elections shall be held and conducted as spe-
cial elections for other purposes are held and conducted: pro-
vided, that after any such election has been held in any county,
magisterial district or corporation, there shall not be another
election under this act held in said county, magisterial district
or corporation, within the space of two years.

2. The ballots to be used in said election shall be respectively
as follows: For licensing the sale of intoxicating liquors, and
against licensing the sale of intoxicating liquors. The manner
of receiving and canvassing the ballots at said elections on said
question, and making returns and abstracts thereof, shall con-
form in all respects to the requirements of the general election
law of the state, except that the certificate of the judges shall
be as follows:

°

We hereby certify, that at the election held on the
day of , votes were cast for license for sale of intoxi-
cating liquors, and votes were cast against license for sale
of intoxicating liquors. ~- :

A. BY Clerks, G. H. > Judges.
C. D. J.K

3. And the proper official canvassers of general election re-
turns shall canvass these returns in like manner as other elec-
tion returns, and when the election is held for the whole county,
they shall certify the number of votes cast for and-against license,
respectively, in said county, and shall also certify the number of
votes cast at said election in each magisterial district of said
county for and against license, respectively; and when said elec-
tion is held for a magisterial district only, said canvassers shall
certify the number of votes cast at such election, for and against
license, respectively; and when the election is held for a corpo-
ration having over five thousand inhabitants and a corporation
court, said canvassers shall certify the number of votes cast at
such election, for and against license, respectively; a copy of
such certificate in either case to be laid before the county or cor-
poration court, as the case may be, at its next term,

4. Where the election is held in the whole county, if it ap-
pear from the abstracts and returns of such election, and that
a majority of the votes cast in the election, under this bill, have
been cast against license, then no license shall be granted to
any person therein for the sale of such liquors; or if it appear
from the abstracts and returns of such election that a majority
of votes, as aforesaid, have not been cast against the sale of in-
toxicating liquors in said county, but that a majority of votes
have been cast in any magisterial district in said county against
license for the sale of intoxicating liquors therein, then no license
shall be granted to any person in such magisterial district for
the sale of such liquors; but if such district vote in favor of
license, then it shall be lawful to sell, with license obtained under
existing laws; and any person who shall sell any intoxicating
liquors within the limits of any magisterial district voting against
license, shall incur all the penalties, and be punished as pre-
scribed by the general law for selling wine, ardent spirits, malt
liquors, or any mixture of them without a license therefor.

5. Where the election is held only in a magisterial district in
any county, or in a corporation having over five thousand in-
habitants and a corporation court, if it appear from the abstracts
and returns of any such election that a majority of votes have
been cast against license for the sale of intoxicating liquors in
any such magisterial district or corporation, as the case may
be, then no license shall be granted to any person for the sale
of such liquors in any such magisterial district or corporation;
and any person who shall sell any intoxicating liquors within
the limits of any such magisterial district or corporations, shall
incur all the penalties, and be punished as provided by the
general law for selling wine, ardent spirits, malt liquors, or any
mixture of them without a license therefor.

6. If any magisterial district in any county in the state has
heretofore, by vote, in pursuance of any law, prohibited the sale
of intoxicating liquors therein, or if any magisterial district in
any county shall first (before the county as a whole) avail itself
of the provisions of this act, and, by vote, prohibit the sale of
intoxicating liquors therein, then, in either case, no election
shall be held under this act by any county as a whole wherein
any such magisterial district is located, but each remaining
magisterial district in such county may petition and vote sepa-
rately, as provided for in this act.

7. If any incorporated town, under five thousand inhabitants,
composing a separate district or voting precinct, shall desire to
take advantage of the provisions of this act, a petition of such
a number of the duly qualified voters of a corporation as con-
stitute one-fourth of the number of voters voting at the preced-
ing regular November election, shall be presented to the judge
of the county court, in term time or in vacation, having juris-
diction over the said corporation, and the said judge shall order
a special election in conformity with this act; and if a majority
of the votes cast be against license, no license shal) be granted
within the corporate limits thereof: provided, that no election
as provided for in this bill has been held within the district of
which said town is a part within two years.

8. This act shall be construed to prohibit distillers of alco-
holic liquors, or manufacturers of wines or malt liquors, from
selling any such liquors pr wines in any county, magisterial
district or corporation, voting as aforesaid against the sale of
intoxicating liquors therein.

9. That no election, under the provisions of this act, shall be
held within thirty days of any county, corporation, state or
national election.

10. This act shall be in force from its passage.