CHAP. 487.—An ACT to provide for submitting to the qualified voters o:
counties and cities the question of interstate and intrastate shipmen
of ardent spirits for beverage purposes, and prohibiting the trans
portation, bringing into or receiving of ardent spirits for beverag
purposes in any such county or city as shall by majority vote unde
this act declare against interstate and intrastate shipment of arden
spirits for beverage purposes; and prescribing penalties therefor.

(S. B. 276.)
Approved March 22, 1916.

1. Be it enacted by the general assembly of Virginia as
follows: The words ardent spirits, as used in this act, shall be
construed to embrace alcohol, brandy, whiskey, rum, gin, wine
porter, ale, beer, all malt liquors, absinthe, and all compounds or
mixtures of any of them, all compounds or mixtures of any of
them with any vegetable or other substance, and all liquids, mix-
tures or preparations, whether patented or otherwise, which
will produce intoxication, fruits preserved in ardent spirits, and
all beverages containing as much as one-half of one per centum
of alcohol by volume.

2. Whenever such of the qualified voters of any county, or
city as shall be equal in number to one-fourth of the number of
persons qualified to vote in the last preceding regular Novem-
ber election in such county, or city shall, in term or vacation,
petition the judge of the circuit or corporation court of such
county or corporation for a special election in such county or city,
on the question of the interstate and intrastate shipment of ar-
dent spirits for beverage purposes, into such magisterial dis
trict, county, or city, such court or judge shall, within ten
days after the receipt of said petition, issue a writ of election.
in which shall be fixed the day of holding such election, directed
to the sheriff of said county or sergeant of said corporation.
as the case may be, whose duty it shall be to forthwith post a
notice of said election at each voting precinct in said county, or
city, as the case may be. He shall also give notice to the officers
charged with the duty of conducting the elections in said county.
ar city, as the case may be; but no election shall be held under
this act within less than thirty days from the posting of such
notice as aforesaid. Said special election shall be held and con-
ducted as other special elections are held and conducted.

If it appears from the abstracts and returns of the election
held hereunder that a majority of the votes cast at such elec-
tion were against the interstate and intrastate shipment of
liquors into said county, or city, it shall be unlawful for any
person or corporation, in any manner whatever, to transport
or bring into said county, or city from any point without said
magisterial district, county or city, ardent spirits for beverage
purposes; and it shall be unlawful for any person within said
county, or city, to receive ardent spirits for beverage purposes,
transported or brought in from any point without said county,
or city. For the purposes of this act, the word “county” as
herein used shall be construed to embrace any or all towns
within the confines of any county availing itself of the pro-
visions of this act.

If any such election has been held in any county, or city
there shall not be another election held therein under this act
within a period of two years.

3. The ballots to be used in said election shall be respec-
tively as follows: “For the interstate and intrastate shipment
of ardent spirits for beverage purposes” and “against the inter-
state and intrastate shipment of ardent spirits for beverage
purposes.”

The manner of receiving and canvassing the ballot and mak-
ing returns and abstracts thereof, shall conform in all respects
to the requirements of the general election law except that the
certificate of the judges shall be as follows: ‘‘We hereby cer-
tify that at the election held on the ...... day of ............
nineteen ............00000- votes were cast for interstate and
intrastate shipment of ardent spirits for beverage purposes and
Lew ee cece votes were cast against the interstate and intrastate
shipment of ardent spirits for beverage purposes.

A. B. EK. F.
Clerks. G. H. Judges.”
C. D. I. J.

4. In the event a majority of the votes cast at any election
held under this act shall be in favor of the interstate and intra-
state shipment into said county, or city, of ardent spirits, it
shall be lawful to ship or receive into said county, or city ar-
dent spirits in such quantities only as shall be permitted by law
and then only subject to such other requirements and restric-
tions as are provided by the general law of the State respecting
shipment, receiving and use of ardent spirits.

5. The proper official canvassers of the general election re-
turns shall canvass these returns in like manner as other elec-
tion returns, and shall certify the number of votes cast in said
county, or city, as the case may be, for and against the inter-
state and intrastate shipment of ardent spirits respectively. A
copy of such certificate in either case shall be laid before the
circuit or corporation court, as the case may be, at its next term,
or if said term is more than thirty days after the date of the
holding of said election then before the judge thereof in vaca-
tion.

6. The returns of any elections held hereunder shall be sub-
ject to the inquiry, determination and judgment of the circuit
court of the county or corporation or hustings court of the
city or wherein the election was held upon complaint of fifteen
or more qualified voters of such county, or city of an undue
election or false returns; and such proceedings shall be had in
contesting such election as are provided by the present law fo
contesting local option elections which is reported as sertion
five hundred and eighty-six-a of Pollard’s Code of Virginia, as
far as the same shall be applicable. The judgment of said court
shall be final and costs shall be given in favor of the party sub-
stantially prevailing.

7. If a majority of the qualified voters of any county, or
city, who shall participate in any election provided hereunder,
shall vote against the interstate and intrastate shipment of ar-
dent spirits for beverage purposes, into said county, or city, it
shall be unlawful for any person or corporation in any manner
whatever, to transport or bring into said county, or city, for
delivery or use in said county or city, ardent spirits for bev-
erage purposes, or.for any person in such county, or city, so
voting, to receive ardent spirits for beverage purposes after
thirty days from the date of the election; or in the event said
election is contested and sustained by the court hearing said
contest, within thirty days of the entering of the order sustain-
ing and upholding said election.

8. Any person or corporation violating any of the prov-
sions of this act shall be deemed guilty of a misdemeanor and
shall be fined not less than fifty dollars nor more than five hun-
dred dollars. The penalty for the second or any subsequent
offense shall be a fine of not less than five hundred dollars nor
more than five thousand dollars and by imprisonment in jail
for not less than six months nor more than one year, provided.
however, that where the quantity of ardent spirits transported.
brought into, or received, within any such county or city for
beverage purposes is in excess of the quantity permitted under
the general prohibition law of the State pertaining to ardent
spirits as enacted by the general assembly of nineteen hundred
and sixteen, the offense shall be construed to fall within the
provisions of the said law and shall be subject to the penalties
therein prescribed.

The qualifications of voters at any election held under this
act shall be such as are prescribed for voters by the general
law; provided, that the following persons only shall be quali-
fied to vote at the elections provided for herein, namely: all per-
sons qualified to vote at the last regular election, whether na-
tional, State or municipal, held prior to the date on which
the elections herein provided for are held; and all such other
persons who shall become of lawful age at a time when no capi-
tation tax was assessable against them for the preceding year,
who shall pay one year’s capitation tax in advance and shall
thereafter register by reason of becoming of lawful age prior
to the date of said election, excepting the provisions of this act
shall not apply to the counties of Frederick and Shenandoah
and the city of Winchester and the counties of Page, Clarke,
Warren, Stafford and city of Fredericksburg, Newport News
and counties of Elizabeth City, Warwick and York and the coun-
ties of King George, Richmond, Westmoreland, Lancaster,
Northumberland, Albemarle, Greene, Fauquier, Loudoun, Spot-
sylvania and cities of Charlottesville, Alexandria City, Fairfax
county, Alexandria county and Prince William county.

Sec. 10. The intent of this act is to prohibit the transporta-
tion, bringing or receiving of ardent spirits for beverage pur-
poses into the counties and cities of this State beyond and in
addition to the provisions of the prohibition laws of the State
pertaining to ardent spirits, as enacted by the general assembly
of nineteen hundred and sixteen, and all other prohibition laws
pertaining to ardent spirits as therein defined and this act to be
construed as supplementing said prohibition laws rather than
as conflicting with or restricting said prohibition laws.