Chap. 345.—An ACT to amend and re-enact sections 5, 14, 2134, 27, 32, 35, 41,
95, 57, 63, 73 of an act to define ardent spirits and to prohibit the manu-
facture, use, sale, offering for sale, transportation, keeping for sale, and
giving away of ardent spirits, or drugs, as herein defined, except as provided
herein ; declaring certain ardent spirits contraband, and prescribing procedure
for search therefor and forfeiture thereof; to prohibit advertisement of
such ardent spirits; to prescribe the jurisdiction for trial and appeals of
cases arising under this act; to prescribe the force and effect of certain
evidence and prosecution for violation of this act; to create the office of
commissioner of prohibition and to define his duties and powers and com-
pensation; defining intoxication and who is a person of intemperate habits
within the meaning of this act; prescribing a penalty for intoxication; pre-
scribing certain rules of evidence in certain prosecutions under this act;
defining soft drinks, providing how they may be sold, regulating the sale
of toilet, antiseptic preparations, patent and proprietary medicines, and flavor-
ing extracts; exempting certain counties and ckies from certain provisions
of this act and authorizing additional restrictions and limitations beyond the
provisions of this act as to sale, manufacture or delivery of ardent spirits in
certain counties and cities; to provide for the enforcement of this act and to
prescribe penalties for the violation of this act; to appropriate out of the
treasury of the State necessary moneys for the enforcement of this act;
and to repeal chapter 146 of acts of assembly, 1916, approved March 10,
1916, and all other acts or parts of acts in conflict with this act, approved
March 19, 1918, as heretofore amended, and to add to said act the follow-
ing new sections, to be numbered sections 5%, 51%, 5%, 21%, 32%, 35%,
55-f, 57%4, 57%4-a, 70%4, 77, 78, respectively, and to be properly inserted
serially as numbered in said act, and to repeal all acts or parts of acts in
conflict with this act. [H B 252}

Approved March 23, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tions five, fourteen, twenty-one and one-half, twenty-seven, thirty-
two, thirty-five, forty-one, fifty-five, fifty-seven, sixty-three, seventy-
three, of an act entitled an act to define ardent spirits and to pro-
hibit the manufacture, use, sale, offering for sale, transportation,
keeping for sale, and giving away of ardent spirits, or drugs, as herein
defined, except as provided herein; declaring certain ardent spirits
contraband, and prescribing procedure for search therefor and for-
feiture thereof; to prohibit advertisement of such ardent spirits; to
prescribe the jurisdiction for trial and appeals of cases arising under
this act; to prescribe the force and effect of certain evidence and
posecutions for violation of this act; to create the office of commis-
sioner of prohibition and to define his duties and powers and com-
pensation; defining intoxication and who is a person of interperate
habits within the meaning of this act; prescribing a penalty for in-
toxication; prescribing certain rules of evidence in certain prosecu-
tions under this act; defining soft drinks; providing how they may
be sold; regulating the sale of toilet, antiseptic preparations, patent
and proprietary medicines, and flavoring extracts; exempting certain
counties and cities from certain provisions of this act and authorizing
additional restrictions and limitations beyond the provisions of this
act as to sale, manufacture or delivery of ardent spirits in certain
counties and cities; and to provide for the enforcement of this
act and to prescribe penalties for the violation of this act; to appro-
priate out of the treasury of the State necessary moneys for the en-
forcement of this act; and to repeal chapter one hundred and forty
six of acts of assembly, nineteen hundred and sixteen, approved Marc!
tenth, nineteen hundred and sixteen, and all other acts or parts o
acts in conflict with this act, approved March nineteenth, ninetees
hundred and eighteen, as heretofore amended, be amended and re
enacted as follows, and the following new sections and subsection
to be numbered sections five and one-half, twenty-one and one-quarter
fifty-five-e, fifty-seven and one-half, seventy-seven, respectively, b«
added thereto as amendments to said act, to be properly insertec
serially, as numbered in said act.

Sec. 5. Penalties—Any person who shall violate any of the pro-
visions of this act shall, except as otherwise herein provided, be
deemed guilty of a misdemeanor, and be fined not less than fifty
dollars, nor more than five hundred dollars, and be confined in jail
rot less than one nor more than six months. The penalty for any
subsequent offense committed after the first conviction, which is not
declared a felony by this act, shall be a fine of not less than one
hundred dollars, nor more than five thousand dollars, and imprison-
ment in jail for not less than six months nor more than one year.
Whenever, in this act, the violation of any provisions is declared a
felony, the person convicted of such violation shall be punished by
confinement in the penitentiary for not less than one nor more than
five years, or, in the discretion of the jury, by confinement in jail
not less than six months nor more than twelve months, and by a
fine not exceeding five hundred dollars; but where upon the trial
of any charge of violation of thi¢ act, it shall appear to the court
trying the case that there has been no intentional violation of any
provision thereof, but an unintentional or inadvertent violation there-
of, then such court shall instruct the jury that they may not impose
a jail sentence.

But no court, nor the judge thereof in this Commonwealth, shall
suspend the sentence of any person convicted of the illegal manu-
facture for sale or the sale of ardent spirits, or the transportation
thereof in quantities exceeding one gallon, but where the evidence
shows a quantity not exceeding one gallon the court or judge may,
in its or his discretion, suspend such sentence, or for any second or
subsequent conviction of any offense against the prohibition laws of
this State since the first day of November, nineteen hundred and
sixtecn. ,

‘The term “second” or “subsequent” offenses, as used in this act,
are intencled to mean second or subsequent offenses committed against
this act or other prohibition laws of this State since November first,
nineteen hundred and sixteen.

Sec. 54%. The words “fine” and “property accruing to the State
by forfeiture,” or words of the same effect as used in the laws re-
lating to enforcement of prohibition in this State construed:

Whenever the words “fine” and “property accruing to the State
by forfeiture,” or words of the same effect, are used in the laws pro-
viding for enforcement of prohibition in this State they shall be
construed to mean the net amount remaining after deducting costs
payable out of the State treasury from the appropriation made to
pay the criminal charges of the State, authorized under said prohi-
bition laws, also the amount authorized by the laws for enforce-
ment of prohibition in this State in connection with the seizure or
sale of forfeited property, and all fines and proceeds accruing from
the sale of forfeited property shall be accounted for by the officer
receiving the same separately from other fines and forfeitures, and
all costs payable out of the State treasury from the appropriation
for the payment of criminal expenses in connection with the enforce-
ment of prohibition laws of this State shall be allowed and paid
separately from other costs made a charge by law upon the treasury
payable from the appropriation for criminal expenses.

Sec. 5144. Whenever a fine is prescribed for the violation of the
laws for the enforcement of prohibition in this State, and such fine
and the costs incident to the prosecution and conviction are not paid,
the defendant shall be sentenced to the State convict road force for
a period not less than three months nor more than six months, and if
the law prescribes a jail sentence and such sentence is imposed, then
the defendant shall be sentenced to the State convict road force for
the period of such jail sentence, and for the additional period of
not less than three months and not more than six months as herein
provided.

' Sec. 5%. Penalty when firearms or other deadly weapons are
found in possession of persons unlawfully engaged in manufacturing,
transporting or selling ardent spirits—I{ any person shall unlawfully
manufacture, transport, or sell any ardent spirits, as herein defined,
and at the time of such manufacturing, transporting, or selling, or aid-
ing or assisting in any manner in such act, shall carry on or about
his person, or have on or in any vehicle which he may be using to
aid him in any such purpose, or have in his possession, actual or con-
structive, at or within one hundred yards of any place where any
such intoxicating liquor is being unlawfully manufactured, trans-
ported or sold, any firearm, dirk, bowie-knife, razor, slung-shot, metal
knucks or any weapons of like kind, he shall be deemed guilty of
a felony, and on conviction shall be confined in penitentiary not less
than one year nor more than three years, or, in the discretion of the
jury, or the court trying the case without a jury, confined in the
jail for not less than six months nor for more than twelve months.
Any such firearms, dirk, bowie-knife, razor, slung-shot, metal knucks
or any weapons of like kind shall be confiscated as now provided
by law. :

Sec. 14. Issue of license to druggists ; statement required of drug-
gists; license to hospitals, chemical laboratories, and statements re-
quired; bond required upon issuance of license—Before a druggist
shall sell ardent spirits on prescription, or pure fruit, ethyl, or grain
alcohol for scientific, mechanical or pharmaceutical purposes, or wine
for sacramental purposes on affidavit as provided in this act, he must
procure a license to do so from the circuit court of the county, or
the corporation or hustings court of the city; provided, no such
license shall be required for the sale of articles permitted to be manu-
factured and sold under section eight-b of this act.

Before making application for such license notice must be posted
and continuously kept on the front of the store or place of business
in which the privilege is to be exercised for at least thirty days before
making the application, stating the court before which and the time
at which the application will be made for license to sell pure fruit,
ethyl and grain alcohol, wine for sacramental purposes, and other
ardent spirits. Such notice shall be published once a week for three
successive weeks in some newspaper published in the county or city,
and if there is no newspaper published in the county in which the
privilege is to be exercised, the notice shall be published in some
newspaper having general circulation therein and shall be posted for
twenty days on the front door of the court house of said county.

Before the court shall grant any license, the judge thereof shall
be satisfied that the person making the application is a qualified voter
of the State, unless the applicant is of good moral character, is a
registered pharmacist in good standing, that he has in his store
drugs belonging to him, and not including patent medicines and ,
to be sold on commission, of the value of one thousand dollars
(wholesale price) ; provided, that in towns of less than five hundred
inhabitants the value of the stock of drugs referred to above shall be
not less than five hundred dollars, wholesale value, and carries on in
good faith the business of a druggist; that he is not of intemperate
habits or addicted to the use of any narcotic drug; that he is a
person of good character and will observe the laws controlling the
sale of ardent spirits and alcohol; that the applicant has presented
satisfactory proof that there is a necessity existing for the granting
of such license, and that the sale of ardent spirits at that place and
by the applicant will not be contrary to sound public policy or in-
jurious to the moral or material interests of the community. And
provided further, that in no case shall a license be granted if a ma-
jority of the voters qualified to vote at the last preceding general
election petition the court not to grant any such license in the fol-
lowing cases, namely: In a town of over one thousand inhabitants,
the petition shall be signed by a majority of the qualified voters of
such town; in a town under one thousand inhabitants, the petition
shall be signed by a majority of said qualified voters of the town
or magisterial district in which said town is situated; if in the dis-
trict the petition shall be signed by a majority of said qualified voters
of the magsterial district and towns of less than one thousand inhabit-
ants in said magisterial district.

The court may also tn its discretion issue to any wholesale drug-
gist who is a qualified voter of the State and of good moral charac-
ter, a license to sell pure grain, ethyl, and fruit alcohol, to any drug-
gist, or other person for scientific, pharmaceutical and mechanical
purposes, or wine for sacramental purposes under the provisions of
section nine of this act; and pure grain, ethyl, and fruit alcohol,
wine for sacramental purposes, or other ardent spirits to retail drug-
gists in Virginia only, licensed under this act, and pure grain, ethy]
or fruit alcohol to retail druggists outside of the State of Virginia,
where the sale thereof is permitted by law; provided, that any citi-
zen may appear personally or by counsel in opposition to the grant-
ing of any license herein provided for; provided, that the provisions
of this section shall not be construed to require a license for the pur-
chase or sale of the preparations permitted to be manufactured and
sold under section eight-b of this act. Each retail and wholesale
druggist shall file a sworn statement with the clerk of the court
granting the license on or before the fifth of each month, stating
the amount of pure fruit, ethyl and grain alcohol, wine or other
ardent spirits, other than preparations permitted to be manufactured
and sold under section eight-b of this act, on hand the first of the
previous month, the amount received during the previous month, and
the amount on hand the date the statement is made. Nothing in
this act shall prevent the superintendent of a hospital from ordering,
purchasing or receiving ardent spirits or the superintendent of a
chemical laboratory from ordering, purchasing or receiving pure
grain, ethyl or pure fruit alcohol for the use of the hospital or labora-
tory, not to be used contrary to the provision, of this act, and nothing
shall prevent common carriers from transporting and delivering such
ardent spirits and alcohol to such hospitals or laboratories having
license to order and receive the same, under a permit from the com-
missioner, but before ordering or receiving said ardent spirits other
than preparations permitted to be manufactured and sold under sec-
tion eight-b of this act, before ordering or receiving said alcohol, the
hospital or laboratory. shall procure license from the court under the
same conditions as license is granted to druggists; provided further,
that it shall be unlawful for any hospital to sell ardent spirits, other
than preparations permitted to be manufactured and sold under sec-
tion eight-b of this act, except upon prescription to its own patients
under the same restrictions and reports required of druggists; and
provided further, that chemical laboratories shall make report as re-
quired of druggists of the disposition and use of all alcohol received
by them.

No ‘pharmacist licensed under the provisions of this act shall
charge more than one hundred per centum gross profit on any medi-
cinal or sacramental ardent spirits sold hereunder, and a violation
of this provision shall work a forfeiture of his license; but no drug-
gist shall dispense any but pure liquor of standard proof.

If the license is granted the applicant shall give borid in the
penalty of not less than one thousand dollars, nor more than ten
thousand dollars, as the court may require, with security to be ap-
proved by the court and with condition that he will not dispense or
sell any ardent spirits or alcohol, except under and in accordance
with the provisions of this act.

Sec. 214%. Making it unlawful to manufacture stills, or to trans-
port or have in possession material therefor, and declaring all such
stills and material contraband. It shall be unlawful for any person,
firm or corporation, other than public service corporations, to ship
or transport into the State of Virginia, or from one point to another
within the State, distilling apparatus or material for the manufac-
ture of the same or to manufacture distilling apparatus for the pur-
pose of manufacturing whiskey, beer or any other ardent spirits,
and any person, firm or corporation found with material in possession
acquired for use in the manufacture of distilling apparatus, shall be
deemed prima facie guilty of manufacturing such apparatus, and
upon conviction thereof, shall be fined not less than fifty dollars nor
more than one thousand dollars, or confined in jail not less than sixty
days nor more than twelve months, or both, in the discretion of the
court or jury trying the case, and such material shall be declared
contraband and confiscated. Nothing in this section shall prevent
merchants and regular dealers from handling and offering for sale
sheet copper, copper tubing or other metal stock usually carried by
such dealers.

Sec. 211%. Requiring stills to be registered and declaring all un-
registered stills contraband; proceedings upon seizure, providing for
the registration of certain stills and issuance of a permit from the
commission.—It shall be unlawful for any person except duly licensed
druggists, hospitals and laboratories, in this State, to own or have in
his possession any still, still cap, worm, tub, fermenter, or any of
them or any other appliances connected with a still and used, or
mash or other substances, capable of being used in the manufacture
of ardent spirits, unless such owner shall be registered with the com-
missioner and obtain from him a permit to own such still, which
permit shall be kept conspicuously posted at the place where such
still 1s located. All stills in this State not registered under a permit
as herein required and all mash or other products used in the opera-
tion of such a still are hereby declared contraband and shall be sub-
ject to seizure by any officer charged with the enforcement of the
law, which officer shall destroy all mash and other like products found
at such still and used in the operation thereof and shall forthwith
notify the commissioner and turn over to him all still caps, worms,
tubs, fermenters, and other appliances to be disposed of as required
by this act.

When any property is seized under this section the officer making
such seizure shall report the fact to the Commonwealth’s attorney
of the county or city in which such seizure is made, who shall at
once file any information in the name of the Commonwealth against
such property, by name or general designation. The information
shall allege the seizure and set forth in general terms the cause or
grounds of forfeiture. It shall also pray that the property be con-
demned and sold and the proceeds disposed of according to law,
and that all persons concerned in interest be cited to appear and
show cause why the said property shall not be condemned and sold
to enforce the forfeiture, said information shall be sworn to by the
Commonwealth’s attorney. Upon the filing of the information the
clerk shall issue a notice reciting briefly the filing of the informa-
tion, the object thereof, the seizure of the property and citing all per-
sons interested to appear on the first day of the next term of said
court, if that be more than ten days from the date of such notice, or
if not, on the first day of the next succeeding term, and show cause
why the prayer of the information for condemnation and sale should
not be granted. He shall at least ten days before the day fixed by
the notice for the appearance, post a copy of said notice at the
front door of the courthouse, which posting shall be sufficient ser-
vice of the notice on all persons concerned in interest. If any claim-
ant appear he shall file the grounds of his claim in writing under
oath in which event the proceedings shall conform as nearly as prac-
tical to chapter one hundred and thirty-one of the Code of Virginia
of nineteen hundred and nineteen. In the event any such claimant
appear the clerk shall forthwith notify the commissioner.

Provided the commissioner shall upon the application of any
chemist, superintendent of a laboratory or hospital, physician or
other person permitted by law to practice his profession or conduct
his business in this State register such person, and issue to him a
permit to own or have in his possession a still, not to be used con-
trary to the provisions of this act, which permit shall be granted
subject to rules and regulations to be prescribed by the commissioner
and be subject to suspension and revocation for cause, for which per-
mit the applicant shall pay a fee of fifty cents.

Whenever any still is seized under the provisions of this act and
the party owning or operating the same is arrested the officer making
the seizure and arrest shall be allowed a fee or reward of fifty dol-
lars and upon conviction of said person, the attorney for the Com-
monwealth shall receive a fee of ten dollars, which shall be taxed
against the defendant and collected as other costs in the manner
provided by law. And the fees or rewards herein directed to be paid
shall be paid, anything in the charter of the cities and towns in this
Commonwealth to the contrary notwithstanding.

And if for any reason the said sum of fifty dollars cannot be col-
lected from the defendant after conviction, the said officer making
the seizure and arrest shall be paid the sum of twenty-five dollars
to be paid as now prescribed by law for the payment of costs in
criminal cases. And said officer shall be allowed the sum of ten dol-
lars for the seizure and confiscation of a copper still, and two dollars
and a half for the capture of any still made of material other than
copper, whether or not the operator is arrested or convicted, provided
such still has a capacity of not less than five gallons, said still,
whether such still is made of copper or other material, cap and worm
to be delivered to the sheriff of the county or sergeant of the city,
who shall report same to the judge of the circuit or corporation court
of the county or city in which such seizure and delivery is made,
upon whose certificate said sums respectively shall be paid by the
auditor of public accounts as other criminal expenses are paid, and
such sheriff, upon the order of the judge of his court, shall forthwith
dispose of such stills as is herein provided.

All persons found at a distillery where whiskey, beer or other
ardent spirits are being manufactured shall be deemed prima facie
guilty of manufacturing the same or aiding and abetting in such
manufacture and upon conviction thereof shall be subject to the same
penalties as if manufacturing the same.

Sec. 27. City ordinances regulating the sale, et cetera, of ardent
spirits—All counties coming within the provisions of chapter one
hundred and two, acts of general assembly, nineteen hundred and
sixteen, and chapter three hundred and forty-nine, acts of general
assembly of nineteen hundred and twelve, and all cities and towns
of the State of Virginia shall have full power (anything in their
charters to the contrary notwithstanding) to pass any and all ordi-
nances (not repugnant to the Constitution and laws of the State),
and such cities and towns are hereby authorized and empowered to
pass such ordinances embracing such provisions of this act as are
applicable, and further to prohibit the manufacture, transportation,
sale, keeping or storing for sale, advertising or exposing for sale,
receiving, giving away, or dispensing ardent spirits, and to provide
adequate penalties therefor, provided such penalties shall be the same
as those provided under the prohibition laws of the State for similar
offenses. Wherever the violation of the prohibition law of this State
is made a felony and the punishment therefor is confinement in the
penitentiary the ordinances herein provided for shall make such of-
fenses misdemeanors and punishable by fine not exceeding five hun-
dred dollars and confinement in jail not less than six months nor
more than twelve months, with the right to require the defendant
tc work out the terms of his confinement on the public roads of this

tate. ,

All ordinances of the cities and towns of the State of Virginia
heretofore passed in pursuance of and in conformity with section
twenty-seven of chapter three hundred and eighty-eight of the acts
of nineteen hundred and eighteen, are hereby validated, anything in
their charters to the contrary notwithstanding.

All fines imposed under the ordinances of cities and towns and
counties for the violation of such ordinances with reference to pro-
hibition, adopted under and pursuant to this section, shall be paid
to and be retained by such cities and towns and counties. The Com-
monwealth shall not be chargeable with any costs for enforcing the
provisions of this section, nor shall any such costs be paid out of
the State treasury.

Sec. 32. The attorney general of the Commonwealth, in addition
to the duties now imposed upon him by law, after the thirty-first
day of August, nineteen hundred and twenty-two, shall take care that
the provisions of this act, and all other prohibition laws of this State,
are faithfully executed, and he is hereby authorized and empowered
to appoint and employ, and to remove or to discharge at will, any
assistants, attorneys, agents, inspectors, or other employees that he
may deem necessary or needful, to use in and about the discharge
of his said duty in regard to the enforcement of this act, and all
other acts relating to the prohibition laws of the Commonwealth.

The attorney general and his assistants, attorneys, agents, inspec-
tors or other employees, shall diligently inform themselves of all
violations of the prohibition laws of this State, and shall see that
such violations are properly and vigorously prosecuted. For the pur-
poses of this act the attorney general and his assistants, attorneys,
agents, inspectors, or other employees, shall have the powers of
sheriffs and special police, and whenever he deems it necessary for
the proper enforcement of the prohibition laws of this Common-
wealth or for the best interests thereof, he shall associate himself, or
one or more of his assistants, with the attorney for the Common-
wealth in my county or corporation in the prosecution of any com-
plaint or case arising under the prohibition laws of this Common-
wealth. All the powers and duties conferred and imposed by this or
any other act of this State relating to prohibition upon the commis-
sioner of prohibition, are hereby conferred and imposed upon the
attorney general, and wherever the term “commissioner of prohibi-
tion” is used in such laws the term “attorney general” is hereby sub-
stituted therefor. .

For the purpose of carrying this act and all other prohibition laws
of this State into effect, there is hereby appropriated out of any
moneys in the treasury of Virginia, not otherwise appropriated for
the use of the attorney general, the sum of thirty-five thousand dol-
lars for the six months beginning September first, nineteen hundred
and twenty-two, and ending February twenty-eighth, nineteen hun-
dred and twenty-three, and there is likewise appropriated for the year
beginning March first, nineteen hundred and twenty-three, and end-
ing February twenty-ninth, nineteen hundred and twenty-four, any
unexpended balance on hand March first, nineteen hundred and
twenty-three, of the appropriation of thirty-five thousand dollars for
the six months ending February twenty-eighth, nineteen hundred and
twenty-three, and the further sum of seventy thousand dolalrs, or
so much thereof as may be necessary.

Nothing in this act shall be construed as taking from the attor-
neys for the Commonwealth, sheriffs or other officers charged with
the enforcement of the prohibition laws, any of the powers conferred
by this or other prohibition laws upon them, nor shall it be con-
strued as relieving them from their duty and responsibility in connec-
tion with the enforcement of such laws.

The attorney general shall make an annual report to the governor,
which by the governor shall be biennially reported to the general
assembly ; such report shall give in detail the expenditure of all pub-
lic moneys hereby appropriated, and the work of his department in
connection with the matter of the enforcement of the prohibition
laws of the State, together with such recommendations for new or
additional legislation in reference to his powers and duties as he
may deem expedient. Such annual report shall also show:

(1) The amount of money realized each year from the sale of
confiscated vehicles, in what county, or city the said vehicles were
confiscated, and whether said vehicles were seized by officers of his
department, or by local officers ;

(2) What proportion of the fines imposed upon persons violating
the provisions of the prohibition laws were imposed upon persons
arrested by officers of his department, and what proportion upon
persons arrested by local officers, and what proportion upon persons
arrested by joint action of officers of his department and local officers ;

(3) What quantity of the ardent spirits seized were seized by
officers of his department, and what quantity by local officers ;

(4) The number of defendants prosecuted for violating the pro-
visions of this act by attorneys of his department, and the number
prosecuted without assistance of his department, giving in each case
the number convicted and the number acquitted;

(S) The quantity of ardent spirits destroyed, when and by whom,
and the quantity sold, when and to whom; and

(6) From whose possession ardent spirits seized by officers of
his department were taken, and if not taken from persons under what
circumstances seized.

Sec. 321%4. If any assistant attorney, agent, inspector or other
employees of the department of. the attorney general, or any admin-
istrative officer charged with the enforcement of the prohibition laws
of this State shall fail to account for and deliver to the pruper author-
ities any ardent spirits taken by such officer in pursuance of law
or if any such officer shall knowingly and wilfully violate the prohi-
bition laws of this State he shall be guilty of a misdemeanor and
shall, upon conviction, be punished by a fine of not less than two
hundred and fifty dollars nor more than one thousand dollars and by
confinement in jail not less than six months nor more than twelve
months and shall be summarily dismissed from office.

Sec. 35. Powers of assistants, attorneys, agents, inspectors and
other employees of the attorney general—tThe assistants, attorneys,
agents, inspectors and other employees of the attorney general pro-
vided for in this act, and all other officers charged with the enforce-
ment of the prohibition laws of this State, shall have the power to
administer oaths, take affidavits, and examine records, and with a
warrant enter buildings, and without a warrant, may enter freight
yards, passenger depots, baggage and storage rooms of any common
carrier, and may enter any train, baggage, express, or freight car, and
any boat, flying machines of any kind and submarines, automobile,
or other conveyance, whether of like kind or not, or any billiard room,
pool room or bowling alley, where there is reason to believe that the
law relating to ardent spirits is being violated; but nothing in this
proviso contained shall be construed to permit a search of any occu-
pied berth or compartment of any Pullman car, or boat, or any hand
bag, suit case or trunk on any train or passenger steamboat, or the
usual and ordinary hand baggage of pedestrians, unless such person
be found in the act of violating the provisions of the prohibition laws
of the State, but it shall be lawful to inspect and examine any such
baggage while same shall be carried or found in any boat, automo-
bile or other vehicle herein named, except a train or passenger boat.
without a search warant; and if any such officer shall search any
private dwelling as defined in this act, and occupied as such, or any
occupied berth or compartment of any Pullman car or boat, without
a warrant directing such a search, he shall be guilty of a misde-
meanor, and upon conviction thereof shall be fined not exceeding five
hundred dollars and shall be removed from office.

Sec. 3514. If any person shall manufacture, sell, offer for sale or
have in his possession for sale any ardent spirits containing wood
alcohol, caustic potash, extract of fish berries or other poisonous sub-
stance, whether similar thereto or not, such person shall be punished
by confinement in the State penitentiary for not less than one nor
more than ten years, or in the discretion of the jury confined in jail
not less than six nor more than twelve months, and if any person
shall die from having drunk such ardent spirits, containing such
poison then any person having manufactured the ardent spirits caus-
ing such death, or any person having sold such ardent spirits, shall
be prima facie guilty of murder in the second degree.

Sec. 41. Giving ardent spirits to minor, et cetera; sending minors
and females for ardent spirits ; persons of intemperate habits or found
intoxicated, required to disclose from whom they obtain ardent
spirits; penalty for refusal; possession of ardent spirits by minors
a misdemeanor; penalty.—It shall be unlawful for any person to give
ardent spirits to any person of intemperate habits or addicted to the
use of any narcotic drug, or for any person, except a parent or guar-
dian, to give any ardent spirits to a minor, except on the prescription
of a physician, or to send a minor or a female to obtain ardent
spirits.

It shall be unlawful for any person or persons whether parents or
otherwise to send or use a minor or female in the purchase or sale
of ardent spirits, or to deliver the same whether gift, purchase or
sale, and upon conviction for a violation of this section, the same
penalties shall be imposed upon such parents or other persons as are
provided for under section five.

Any persons of intemperate habits or addicted to the use of any
narcotic drug, found to be intoxicated or under the influence of ardent
spirits or any narcotic drug, shall be compellable in any proceedings
had under this act to disclose from whom he has received such ardent
spirits or drug. For a failure or refusal to make such disclosure
he shall be guilty of contempt and shall be fined not less than five
dollars nor more than fifty dollars and be committed to the jail for a
period not exceeding thirty days, unless such persons shall sooner
disclose from whom he has received such ardent spirits or drugs.

It shall be a misdemeanor for any minor to have ardent spirits
in his possession or under his control, whether belonging to himself
or another, and upon conviction, he shall be fined not less than ten
nor more than five hundred dollars, and, in the discretion of the court,
he may be sentenced to jail, or to a reformatory, for not less than
one nor more than six months. And if it shall appear in any prose-
cution, under this section, that such minor is acting as the agent of
another person, or under his influence or control, or by his direction
such persons shall be deemed guilty of a misdemeanor,

Sec. 55. Certain officials charged with the enforcement of pro-
visions of this act; fees—It shall be the duty of all chiefs of police,
police boards, police justices, special officers, sheriffs, attorneys of the
Commonwealth, deputies, constables and justices of the peace of the
counties and cities, and all mayors, sergeants and their deputies, jus:
tices of the peace and police of the cities and towns of this State
to enforce all of the provisions of this act, and the neglect, failure
or refusal of such officers so to do shall be deemed misfeasance ir
office. ,

For official services rendered in connection with violations of thi:
act all said officers, including police officers of cities and towns, clerks
of courts having jurisdiction to try such cases, and witnesses sum-
moned on behalf of the Commonwealth, shall be entitled to and
shall be paid the same fees as are now allowed by law in felony
cases, said fees to be paid as are now or may hereafter be prescribed
by law in felony cases. Provided, however, on the payment of costs
by the defendant or the prosecutor (other than the Commonwealth)
in such cases as are misdemeanors under this act, the clerk of the
court shall pay officers and others their fees as is provided in section
thirty-five hundred and thirteen of the Code, as amended.

The Commonwealth’s attorney of the county or city in which pre-
liminary hearings are to be had for the violations of this law, shall
be notified by the trial officer a reasonable time before such hearings,
in order that he may attend and a fee of ten dollars shall be taxed
by the trial officer in favor of the attorney for the Commonwealth,
to be paid by the defendant; provided further, that when the de-
fendant pleads guilty to the charge, the fee of the attorney for the
Commonwealth shall be five dollars, wherever he does appear at such
preliminary hearing; and in every case where a conviction is had
on the final hearing the attorney for the Commonwealth shall be
allowed a fee of twenty-five dollars to be taxed with the costs and
paid for by the defendant, inclusive of the fee allowed at the prelimi-
nary hearing. Where there is no conviction, or the defendant is
insolvent, then the fee to be paid the attorney for the Commonwealth
shall be as in felony cases.

For making an arrest for the violation of any of the provisions
of this or other prohibition laws of the State, the officer making such
arrest, if the defendant is convicted, shall be paid a fee of ten dol-
lars, to be taxed as a part of the costs against such defendant, and
if two or more officers unite in making such arrests, then said fee
shall be apportioned among them.

Sec. 55-f. Whoever not being an officer, agent, or employee of
the United States, or State of Virginia, charged with the enforce-
ment of the prohibition law of the State shall falsely represent him-
self to be such officer, agent, or employee, and in such assumed char-
acter shall arrest or detain any person, or shall in any manner search
the person, buildings, or other property of any person, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be pun-
ished by a fine of not more than one thousand dollars, or imprison-
ment for not more than one year, or by both such fine and im-
prisonment.

Sec. 57. Search of vehicles in which ardent spirits being trans-
ported; vehicle to be seized and forfeited; proceedings, disposition
of ardent spirits ; arrest of occupants.—When any officer charged with
the enforcement of this law shall have any reason to believe that
ardent spirits are being transported in any wagon, boat, buggy, auto-
mobile, or other vehicle, whether of like kind or not, contrary to
law, he shall have the right and it shall be his duty to search such
wagon, boat, buggy, automobile, or other vehicle, and to seize any
and all ardent spirits found therein which are being transported con-
trary to law. Whenever any ardent spirits which are being illegally
transported, or are being transported for an illegal use, shall be seized
by an officer of the State of Virginia, he shall also take possession
of the vehicle and team, or automobile, boat or any other conveyance,
other than a conveyance owned and used by a railroad, steamboat or
express company, but this proviso shall not apply to barges, tugs or
small craft owned and operated by such railroad or steamboat com-
panies, in which such liquor shall be found, and turn the same over
to the sheriff of the county, or sergeant of the city in which such
seizure shall be made, and such vehicle and team, automobile, boat
or other conveyance shall be forfeited to the Commonwealth; and
shall report the seizure to the attorney for the Commonwealth of
the county or city in which such seizure shall be made, and to the
commissioner in writing, and the attorney for the Commonwealth
shall file any information in the name of the Commonwealth against
such vehicle and team, automobile, boat, or other conveyance by the
name or general designation. The information shall allege the seiz-
are, and set forth in general terms the cause and grounds of for-
feiture. It shall also pray the property be condemned and sold and
the proceeds be disposed of according to law, and that all persons
concerned in interest be cited to appear and show cause why the
said property should not be condemned and sold to enforce the for-
feiture, which information shall be sworn to by the attorney for the
Commonwealth. Upon the filing of the information the clerk of
the court shall forthwith issue a notice reciting briefly the filing of
the information, the object thereof, the seizure of the property and
citing all persons concerned in interest to appear on a specified day
of the next term of the court, after the publication of said notice,
and show cause why the prayer of the information for condemnation
and sale should not be granted, a copy of which said notice shall
be posted at the front door of the courthouse by the sheriff of the
county or sergeant of the city and published by him in some news-
paper published in the county or city where such seizure is made,
at least five days before the return of such notice, or if there be no
newspapers published in the county or city, then in some newspaper
having general circulation therein, which said publication shall be
sufficient service of notice on all parties concerned in interest.

Provided, that any person claiming an interest therein may give
a forthcoming bond, in amount, double the value of the property so
seized, conditioned that the vehicle and team, automobile, boat or
other conveyance will be forthcoming in compliance with any order
of the court having jurisdiction and to pay all costs and fees inci-
dent to such seizure.
Any person interested may appear and be made a party defendant
and make defense to the information, which must be done by answe:
under oath, and the proceedings shall conform as nearly as practt
cable to chapter one hundred and thirty-one of the Code of Virgimiz
of nineteen hundred and nineteen. But, provided further, that any
equity or interest or any person who is in charge of such vehicle anc
team, automobile, boat or other conveyance, or who is an occupant
of the same at the time such seizure is made, shall be forfeited by
making such person or persons a party defendant, and the possession
of such ardent spirits in such vehicle, automobile, boat or other con-
veyance, shall be prima facie evidence that the person in charge knew
such ardent spirits were in such vehicle, automobile, boat or other
conveyance, nor shall it be a ground of defense that such person or
persons by whom said property was used in violation of law has
not been convicted of such violation. The said information shall be
independent of any proceedings against such person or any other for
violation of law. For every information filed under this section
there shall be allowed to the attorney for the Commonwealth a fee
of ten dollars and to the officer making the seizure and arrest a fee
of ten dollars, which shall be taxed as cost. All fees herein pre-
scribed, and costs incident to the seizure and forfeiture of an auto-
mobile or other vehicle under this act, or any other prohibition law
of the State, including commissions and cost of advertising, shall
be deducted out of the proceeds of sale of such automobile or other
vehicle, and the net balance turned over to the literary fund. In the
event such seized automobile or other vehicle is not confiscated, the
fees to the officer making such seizure, and of the attorney for the
Commonwealth, filing such information and conducting the prosecu-
tion, shall be one-half of the amounts herein stated, which fees shall
be taxed against the Commonwealth and paid in the manner now
provided by law.

In every case the ardent spirits shall be turned over to the com-
missioner as herein provided.

The officer making the seizure shall also arrest all persons in
charge or occupying such team or vehicle and report all arrests made
to the attorney for the Commonwealth of the county or city in which
such arrests shall be made and to the commissioner in writing, and
the attorney for the Commonwealth shall at once proceed against
the person or persons arrested under the provisions of this act, who,
upon conviction, shall be deemed guilty of a misdemeanor and shall
be fined not less than fifty or more than five hundred dollars, and con-
fined in jail not less than one nor more than six months.

Provided, that the forfeiture provided for in this section shall
not apply to the transportation in personal baggage of the quantity
of ardent spirits permitted by this act. And provided further, that
whenever a quantity of ardent spirits is illegally transported in any
automobile or other vehicle and it shall appear to the satisfaction
of the court from the evidence that the owner or lienor of such vehicle
and team, automobile, boat or other conveyance was ignorant of the
illegal use to which the same was put, and that such illegal use was
without his connivance or consent, express or implied, and that such
lienor has prior to the commission of such offense duly recorded
in the county or corporation in which the debtor resides, the instru-
ment, creating such lien and that said innocent owner has perfected
his tit!e to the vehicle, if the same be an automobile, by proper trans-
fer in the office of the secretary of the Commonwealth, as provided
by law, then such court shall have the right to relieve such owner
or lienor from the forfeiture herein provided ; provided, however, such
lienor or innocent owner shall pay thé costs incident to the capture
and custody of such automobile or other vehicle and to the trial of
said cause. Whenever any automobile or other vehicle or boat herein
mentioned is seized under the provisions of this section, the officer
making such seizure shall be allowed a fee or reward of twenty-five
dollars, to be taxed against the automobile or other vehicle or boat
seized and confiscated. In the event the automobile or other vehicle or
boat is not finally confiscated under this section such fee shall be
ten dollars, to be taxed against the confiscated vehicle or boat or the
defendant, andecollected as other costs in the manner provided by law.
Where two or more officers unite in capturing such automobile or
other vehicle or boat, said fee shall be divided among them equally.

Sec. 57%. It shall be unlawful for any person to use any auto-
mobile or other vehicle for the illegal transportation of ardent spirits
without the consent of the owner, lienor or holder of a reservation
of title of such automobile or other vehicle, and for a violation of
this section any person shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined the sum equal to the fair
cash value of said automobile at the time of such seizure, to be ascer-
tained by a jury, or the court upon proper inquiry. In default of
the payment of such fine, such person shall be committed to the road
force of this State for a period of not less than three months nor more
than six months.

Sec. 571%4a. For leasing premises for the manufacture or sale of
ardent spirits, et cetera, and providing penalty.

Any person who shall lease, or rent, or cause to be leased or rented
to another person for the purpose of the manufacture or sale of
ardent spirits, any land, house, apartment or other premises or know-
ingly permit such land, house, apartment or other premises to be so
used shall for the first offense be guilty of a misdemeanor and be
fined not less than one hundred dollars nor more than five hundred
dollars, and be confined in jail not less than one month nor more
than six months; and for the second or subsequent offense shall be
guilty of a felony.

Sec. 63. Upon the trial of any officer charged with the enforce-
ment of the prohibition laws of the State, for an offense against
the person or property of any one committed in the performance of
his duties in the enforcement of such laws, on the affidavit of such
officer, or his attorney, that in the opinion of such officer or attorney,
such officer cannot obtain a fair trial in the county or city wherein
such offense was alleged to have been committed, the court shall
change the venue for the trial of such officer to some other county
or city wherein a fair trial of the alleged offense may be had. And
in case of such change of venue the witnesses of the defendant shall
be paid as if they were summoned for the Commonwealth.

Sec. 70%. It shall be unlawful for any person to sell, give away,
transport, distribute or have in his possession any malt, malted grain,
or any mixture thereof, other than in a private home, and all officers
charged with the duty of enforcing the prohibition laws of this State,
or the United States, are authorized to seize any such malt, malted
grain or mixture thereof wherever found other than in a private home
without a warrant and to destroy the same. Any person violating
the provisions of this act shall be deemed guilty of a misdemeanor.

Sec. 73. Incriminating testimony no excuse for not testifying
and prescribing certain rule of evidence—No person shall be ex-
cused from testifying for the Commonwealth as to any offense com-
mitted by another under this act by reason of his testimony tending
to incriminate himself, but the testimony given by any such person
on behalf of the Commonwealth shall in no case be used against him,
nor shall he be prosecuted as to the offense as to which he testified.

It shall be competent in a prosecution for any offense against the
prohibition laws of the State to prove the general reputation of the
defendant as a violator of the prohibition laws.

Sec. 77. The attorney general of Virginia shall, upon it being
brought to his attention that any officer charged with the enforce-
ment of this law is violating or has since the passage of this act
violated the same, then the attorney géneral shall institute ouster pro-
ceedings against such officer. ,

Sec. 78. All acts or parts of acts in conflict with this act are here-
by repealed.