Chap. 407.—An ACT to define ardent spirits and to prohibit 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 there-
for 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 prosecutions for viola-
tion of this act; 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; de-
fining 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 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; to provide for the enforcement of this act and to
prescribe penalties for the violation of this act; to make it an offense to operate
an automobile, engine, or other motor vehicle while intoxicated or under the
influence of liquor, and to prescribe penalties therefor; to appropriate out of
the treasury of the State necessary moneys for the enforcement of this act;
and to repeal chapter 345 of acts of assembly, 1922, approved March 23, 1922,
and all other acts or parts of acts in conflict with this act. [S B 276}

Approved March 20, 1924.

1. Ardent spirits defined.—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, all malt beverages, absinthe and all com-
pounds or mixtures or any of them; all compounds or mixtures of any
of them with any vegetable or other substance; alcoholic bitters, bitters
containing alcohol; also all liquids, mixtures or preparations, whether
patented or otherwise, which will produce intoxication, fruits pre-
served in ardent spirits, and all beverages containing more than one-
half of one per centum of alcohol by volume, except as herein provided.

2. Persons defined: commissioner defined.—The word person as
used in this act shall be construed to embrace all natural persons,
firms, corporations, combinations and associations of every kind; and
the word commissioner as used in this act shall be construed to mean
the attorney general.

3. Manufacture, transportation, sale, use, et cetera, of ardent
spirits restricted.—It shall be unlawful for any person in this State to
manufacture, transport, sell, keep, or store for sale, offer, advertise or
expose for sale, give away or dispense or solicit in any way, or receive
orders for or aid in procuring ardent spirits, except as hereinafter pro-
vided.

But nothing in this act shall be so construed as to prohibit any
representative of any wholesale druggist or liquor manufacturer duly
licensed under the laws of the United States to manufacture or sell
ardent spirits from furnishing price lists with descriptions of the ardent
spirits for sale, to druggists duly licensed and authorized under the
provisions of this act to possess, keep, sell or store for sale such ardent
spirits: Provided, that before any such person may furnish such price
lists of ardent spirits he shall first obtain from the attorney general a
permit so to do and give a bond with surety to be approved by the
attorney general in the penal sum of twenty-five hundred ($2,500.00)
dollars, conditioned that he will not violate any of the provisions of
this act so long as he shall hold such permit. Provided, further, that
such permit shall be revocable in the discretion of the attorney general.

4. Attempts, accessories; procedure; punishment.—It shall be un-
lawful for any person to attempt to do any of the things prohibited by
this act or to aid or abet another in doing, or attempting to do, any
of the things prohibited by this act.

And on an indictment or information for the violation of any pro-
visions of this act, the jury may find the defendant guilty of an attempt,
or of being an accessory, and the punishment shall be the same as if
the defendant were solely guilty of such violation.

5. Violations of the provisions of the preceding sections: acting
as agent of, seller, or purchaser.—Any person who shall manufacture
distilled ardent spirits shall be guilty of a felony. Any person who shall
violate any other provisions of sections three and four of this act, and
any person, except a common carrier, who shall act as the agent or
employee of such manufacturer or such seller, or person in so keeping,
storing, offering or exposing for sale such ardent spirits, or act as the
agent or employee of the purchaser in purchasing such ardent spirits,
except as herein provided, shall be deemed guilty of a misdemeanor for
the first offense, and of a felony for any subsequent offense committed
after the first conviction; provided, that the offense of drinking, giving
away, or receiving ardent spirits contrary to the provisions of this act,
shall not be deemed a felony in any case; except as herein provided and,
provided further, that the purchasing or having in possession by any
person of ardent spirits for personal use, shall in no case be deemed a
felony, but the burden of proof that said ardent spirits are for personal
use shall be upon the defendant.

6. Penalties—Any person who shall violate any of the provi-
sions 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 not less than
one nor more than six months, except that the sale of any ardent spirits,
or the transportation thereof in excess of one gallon shall be punished
by a fine of not exceeding five hundred dollars and confinement in
jail not less than three nor more than twelve 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 exceeding five
hundred dollars and imprisonment in jail for not less than three months
nor more than twelve months. 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 this act, other than the
charge of manufacture or sale of ardent spirits, or the transportation
thereof in excess of one quart, or for a felony it shall appear to the
jury trying the case, that there has been no intentional violation of any
provisions thereof, but an unintentional or inadvertent violation thereof,
then the jury may, in their discretion, omit the jail sentence.
But no court, nor the judge thereof, of this Commonwealth, nor
any justice, mayor or other officer trying the case, shall suspend the
sentence of any person convicted of any felony or the illegal manufac-
ture, or the sale, of ardent spirits, or the transportation thereof in
quantities exceeding one gallon, or for any second or subsequent con-
viction of any offense against the prohibition laws of this State or any
ordinance of a city or town authorized by this act, since the first day of
November, nineteen hundred and sixteen.

The term ‘‘conviction” as used in this act is intended to mean the
conviction for any act committed after the sentence of the trial court
whenever the time limit for perfecting an appeal shall have expired,
or the judgment of the lower court shall have been affirmed at the time
of the trial of the second or subsequent offense, provided the offense
tried as a second offense was committed after that for which he was

“convicted.”

The term second or subsequent offense as used in ‘this act is in-
tended to mean second or subsequent offenses committed against this
act after the defendant has been convicted of a violation of this act
or any city or town ordinance, or State prohibition law passed since
November 1, 1916.

7. The words “fine” and “property accruing to the State by for-
feiture,’’ or words of the same effect as used in the laws relating 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 providing for enforce-
ment 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 prohibition laws, also the amount
authorized by the laws for enforcement 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 con-
nection with the enforcement 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.

8. 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 de-
fendant shall be sentenced to the State convict road force for a period
of 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.

9. Penalty when firearms or other deadly weapons are found in
possession of persons unlawfully engaged in manufacturing, transport-
ing or selling ardent spirits.—If any person shall unlawfully manufac-
ture, transport, or sell any ardent spirits, as herein defined, and at the
time of such manufacturing, transporting, or selling or aiding or assist-
ing 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 constructive, at or within
one hundred yards of any place where any such intoxicating liquor is
being unlawfully manufactured, transported 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
more than twelve months.

All persons manufacturing, transporting, or selling, or aiding or
abetting in such act, with knowledge of the possession by any one or
more of their number of the deadly weapons as above set forth shall be
deemed principals to the crime and punished as such.

. 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.

10. Situs of sale when shipment is made by a common carrier.—In
case of a sale in which a shipment or delivery of such ardent spirits is
made by a common or other carrier, the sale thereof shall be deemed to
be made in the county or city wherein the delivery thereof is made by
such carrier to the consignee, his agent or employee. <A prosecut:on
for such sale may likewise be had in the city or county wherein the seller
resides or from which the shipment is made.
+* 11. Prosecutions in courts of record under this act may be by in-
formation, or indictment for misdemeanor, and by indictment for
felony.

12. The possession by any person of ardent spirits at any place
other than his permanent bona fide home shall be unlawful, and the
possession at such home shall be unlawful unless the ardent spirits shall
have been lawfully acquired from a person or persons authorized by
law to furnish the same, or wine manufactured in the home not in viola-
tion of the provisions of this act. Upon a prosecution of a person for
the unlawful possession of ardent spirits, such possession shall be
prima facie evidence of unlawful possession, by the person or persons
occupying the premises, and the burden shall be upon the accused to
satisfy the judge or jury trying the case that he lawfully acquired pos-
session of such ardent spirits.

13. Use of ardent spirits in the home; home defined.—Nothing in
this act shall prevent one from keeping and possessing ardent spirits in
his permanent bona fide home for the personal use of himself, his family,
his servants or his guests, if such ardent spirits shall have been lawfully
acquired from a person or persons authorized by law to furnish the
same. Nor shall any provision be construed to prevent such a lawful
owner of ardent spirits, his family, or servants, from giving or serving
such ardent spirits to a guest in said home when the quantity given or
served is not enough to produce intoxication and such gift or service 1s
in no wise a shift or device to evade the provisions of this act, but the
word “home” as used herein shall be the permanent residence of the
person and his family, not including the curtilage or outbuildings, and
shall not be construed to include a rooming house, a club, fraternity
house, lodge room or rooms, or place of common resort, or room of a
yuest in a hotel or boarding house or rooming house or apartment house.
Nothing in this section or act shall be construed to mean that a person
may not have a home in town or city, and another in the country.

14. Giving or selling ardent spirits to minors or any student on the
campus or school grounds.—Giving or selling ardent spirits to a minor
or selling ardent spirits to a student on the campus or school grounds of
any of the schools or educational institutions of this State, or the em-
ployment or use of such minor or student in the selling or transporta-
tion of such ardent spirits is hereby declared to be a felony, and the
penalties shall be imposed as provided in section 6 of this act.

15. Unlawful to grind or transport malt.—It shall be unlawful for
any person to grind or transport malt in this State or any substitute for
the same by whatever name it may be called to be used in the manu-
facture of ardent spirits, and the burden of proof shall be upon any per-
son grinding or transporting malt to show that such malt is not to be
used in violation of this act.

16. It shall be unlawful for any person to sell, give away, transport,
distribute or have in his possession any malt, malted grain, or any mix-
ture 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.

17. Drinking ardent spirits in public places.—Any person who
shall take a drink of ardent spirits or shall offer a drink to another,
whether accepted or not, in any railroad station, or at any boat landing,
or in any day coach, or pullman car, or on any passenger train, or in any
passenger boat, or in any street car, hack, jitney, or other public con-
veyance, or automobile, or in any street or alley, highway, or in any other
public place, whether of like kind or not, shall be guilty of a misde-
meanor, and upon conviction, shall be fined not less than ten nor more
than one hundred dollars.

18. Unlawful to be drunk in public places; penalty, jurisdiction tc
try such cases.—Any person who, being intoxicated as defined in thi:
act, shall appear in any public place in the State of Virginia, shall be
fined not less than five nor more than ten dollars, and trials under thi
section may be had before justice of the peace, police justice or mayo!
having jurisdiction where the offense is committed.

19. Making it unlawful to manufacture stills, or to transport o.
have in possession material therefor, and declaring all such stills anc
material contraband.—It shall be unlawful for any person, firm or cor
poration, other than public service corporation, to ship or transport int
the State of Virginia, or from one point to another within the State, dis
tilling apparatus or material for the manufacture of the same or to man
ufacture distilling apparatus for the purpose of manufacturing whiskey
beer or any other ardent spirits, and any person, firm or corporatio.
found with material in possession acquired for use in the manufactur
of distilling apparatus, shall be deemed prima facie guilty of manufac-
turing 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.

20. Requiring stills to be registered and declaring all unregistered
stills contraband; proceedings upon seizure, providing for the registra-
tion of certain stills and issuance of a permit from the commissioner;
offenses and presumptions.—It shall be unlawful for any person to own
or to have in his possession without a permit as provided by this section
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 commissioner and obtain from him a
permit to own such still, which permit shall be kept conspicuously
posted at the place where such still is located. All stills in this State
not registered under a permit as herein required and all mash or other
products used in the operation of such a still are hereby declared con-
traband and shall be subject 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 stills,
caps, worms, tubs, fermenters and other appliances to be disposed of as
required by this act.

All persons found at a distillery where ardent spirits are being manu-
factured 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 personally manufacturing the

e.

Provided the commissioner shall upon the application of any chemist,
superintendent of a laboratory or hospital, register such person, and
issue to him a permit to own or to have in his possession a still, not to be
used contrary to the provisions of this act, which permit may be revoked
for cause; and such commissioner may in his discretion issue such per-
mit to any druggist, physician or other person permitted by law to prac-
tice his profession, or conduct his business in this State, which permit
may be revoked by said commissioner, at his discretion; all permits to be
granted subject to rules and regulations to be prescribed by the com-
missioner, and for which permit the applicant shall pay a fee of fifty
cents.

Whenever any stil 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 dollars and
upon conviction of said person, the attorney for the Commonwealth
shall receive a fee of ten dollars, which shall be taxed against the de-
fendant and collected as other costs in the manner provided by law.
And the fees or rewards herein directed to be paid shall be paid, any-
thing 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 collected
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 dollars for the seizure and con-
fiscation 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.

21. 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 knowingly 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.

22. Devices to evade the provisions of this act.—The keeping, stor-
ing, or giving away of ardent spirits, or any shift, or any device what-
ever, to evade the provisions of this act, shall be deemed unlawful within
the provisions of this act, and shall be punished as unlawful selling is
punished. |

23. 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 substance, 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 manu-
factured the ardent spirits causing such death, or any person having
sold such ardent spirits, shall be prima facie guilty of murder in the
second degree. If the person poisoned shall not die from the effects of
such poison then the person having manufactured or sold such poisoned
ardent spirits shall be guilty of a felony and be punished by confinement
in the penitentiary not less than one nor more than ten years.

24. It shall be unlawful for any person to use any automobile 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 per-
son shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be fined the sum equal to the fair cash value of said auto-
mobile at the time of such seizure, to be ascertained 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.

Section 25. Running automobiles, engines, et cetera, while intoxi-
cated; how punished.—It shall be unlawful for any person to drive or
run any automobile, car, truck, engine, or train while under the influence
of intoxicants. If any person violates the provisions of this section he
shall be guilty of a misdemeanor punishable by a fine of not less than
one hundred dollars nor more than one thousand dollars, and im-
prisonment for not less than thirty days nor more than one year, for the
first offense, provided the court in a proper case may suspend the jail
sentence. Any person convicted of a second or subsequent offense
shall be subject to imprisonment for not less than six months nor more
than two years. The judgment of conviction shall of itself operate to
deprive him of his right to drive any such vehicle or conveyance for a
period of one year from the date of such Judgment. If any person so
convicted shall, during the year, drive any such vehicle or conveyance,
he shall be guilty of a misdemeanor; but nothing in this section shall be
construed as conflicting with or repealing any ordinance or resolution of
any city, town or county, heretofore or hereafter adopted, which re-
stricts still further the rights of such person to drive any such vehicle or
conveyance.

26. Right of action against person causing intoxication.—Every
wife, child, parent, guardian, or employer or other person who shall be
injured in person or property or means of support by any intoxicated
person in consequence of his intoxication, habitual or otherwise, such
wife, child, parent or guardian, or employer, shall have a right of action,
in his or her own name, against any person who shall by selling, barter-
ing, or giving away intoxicating liquors, have caused the intoxicating
of such person for all damages actually sustained, as well as for exem-
plary damages; and a married woman shall have the right to bring suit,
prosecute and control the same, and the amount recovered the same as
if unmarried; and all damages recovered by a minor under this act shall
be paid either to such minor or his or her parent, guardian or next
friend, as the court shall direct; and all suits for damages under this
chapter shall be by civil action in any of the courts of this State having
jurisdiction thereof. :

27. Encumbering estate to evade act.—Any person who shall trans-
fer, alienate or encumber in any manner his estate, real or personal, with
intent to evade any provisions of this act, and all persons aiding and
abetting in such evasions, shall be deemed guilty of a misdemeanor for
the first offense, and a felony for every subsequent offense.

28. Search of vehicles in which ardent spirits being transported,
vehicle to be seized and forfeited, proceedings; disposition of ardent
spirits; arrest of occupants.—When any officer charged with the en-
forcement of this law shall have any reason to believe that ardent spirits
are being transported in any wagon, boat, buggy, automobile, 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, auto-
mobile, or other vehicle, and to seize any and all ardent spirits found
therein which are being transported contrary to law. Whenever any
ardent spirits which are being illegally transported, or are being trans-
ported for an illegal use, shall be seized by an officer of the State of Vir-
ginia, he shall also take possession of the vehicle and team, or auto-
mobile, 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 steam boat companies 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 Com-
monwealth; and shall report the seizure to the attorney for the Com-
monwealth of the county or eity in which such seizure shall be made,
and to the commissioner in writing, and the attorney for the Common-
wealth shall file an 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
seizure and set forth in general terms the eas? an] ground of forfeit-
ure. It sha'l also pray the property be condemned and sold and the
proceeds be disposed of according to law, and that all persons con-
cerned in interest be cited to appear and show cause why the said prop-
erty should not be condemned and sold to enforce the forfeiture, 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 newspaper 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 news-
paper having general circulation therein, which said publication shall
be sufficient service of notice on all parties concerned in interest, pro-
vided that whenever there is filed with the information the affidavit of
the sheriff, sergeant or other officer in charge of the property seized
that the vehicle, team, automobile, boat or conveyance seized is of less
value than fifty dollars, then the court or the judge thereof in vacation,
may order the immediate sale of such vehicle, team, automobile, boat,
or conveyance on such terms and conditions and hold and dispose of the
proceeds as may seem meet.

Provided, that any person claiming an interest therein may give a
forthcoming bond, in amount, double the value of the property so
seized, conditioned to abide by and perform the final judgment of the
court in the cause, and a stipulation in the said bond, that if final judg-
ment in the cause be for the Commonwealth, judgment, without fur-
ther proceedings, shall be rendered against the obligors for the penalty,
to be discharged by the payment of the appraised value of said property
seized, and that thereupon process of execution may be awarded against
the obligors, upon which the clerk shall endorse, ‘“No security is to be
taken.’’ Such appraised value shall be ascertained by three appraisers,
one of whom shall be appointed by the claimant, if he so desired, another
by the clerk, and another by the judge of the said court, who shall meet
forthwith, make the appraisement, under oath, at least two of said
appraisers acting, and return the same in writing to the clerk of the
county in which the seizure was made. ,

Any person interested may appear and be made a party defendant
and make defense to the information, which must be done by answer
under oath, and the proceedings shall conform as nearly as practicable
to chapter one hundred and thirty-one of the Code of Virginia of nine-
teen hundred and nineteen. But, provided, further that any equity or
interest or any person who is In charge of such vehicle and team, automo-
bile, 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 conveyance, 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 twenty-five dollars and to the officer making
the seizure and arrest a fee of twenty-five dollars, which shall be taxed
as cost. All fees herein prescribed, and costs incident to the seizure and
forfeiture of an automobile or other vehicle under this act, or any other
prohibition law of the State, including commissions and cost of adver-
tising, 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 the attorney for the Com-
monwealth, filing such information and conducting the prosecution,
shall be one-half of the amounts herein stated, which fees shall be
taxed against the Commonwealth, and paid in the manner now pro-
vided 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 onee proceed against the per-
son or persons arrested under the provisions of this act.

Provided, that the forfeiture provided for in this section shall not
apply to the transportation in personal baggage of the quantity 0!
ardent spirits permitted by this act. And provided, further, that when-
ever a quantity of ardent spirits is illegally transported in any auto:
mobile 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 instrument, creating such
lien and that said innocent owner has perfected his title to the vehicle, if
the same be an automobile, by proper transfer in the office of the sec-
retary 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
the 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 con-
fiscated. 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, and col-
lected 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.

29. Forfeited bonds.— Whenever any bond given under this act
shall be forfeited, it shall be the duty of the attorney for the Common-
wealth of the county or city in which the forfeiture occurs to proceed at
once to collect the penalty of said bond and, when collected, inform the
commissioner.

Section 30. Clerk of the court to make report to commissioner.—
It shall be the duty of the clerk of every circuit and corporation court in
this State on the first day of each calendar month to report to the com-
missioner every case tried in his county or city during the preceding
month, either by a court of record, or by any police justice, mayor or
magistrate, for violations of the provisions of this act. Said report shall
contain a brief statement of the charge, on a form to be furnished by the
commissioner, and the judgment thereon. Whenever a clerk shall fail
to make such report he shall be subject to a penalty of twenty-five
dollars, and it shall be the duty of the Commonwealth’s attorney of such
county or city to institute and conduct the proper civil proceedings to
recover said penalty.

31. All proceedings for the confiscation of all articles declared con-
traband and forfeited to the Commonwealth under this act, excepting
those specifically otherwise provided for under section twenty-eight,
shall be proceeded against as provided in this section.

If there be complaint on oath that ardent spirits are being manu-
factured, sold, kept, stored, or in any manner, held, used or concealed in
a particular house, or other place, in violation of law, the justice of the
peace, police justice, circuit or city judge and mayor of any city or town
to whom complaint is made, if satisfied that there is a reasonable cause
for such belief, shall issue a warrant to search such house or other place
for the ardent spirits, provided that whenever such a warrant is issued
for the search of any baggage room, house or other place, the property
of a public service corporation, such warrant shall describe with reason-
able certainty, the baggage, container or package to be searched.

Whenever any article, under the provisions of this act, is declared
contraband and forfeited to the Commonwealth, and has been seized,
with or without a warrant, by any officer charged with the enforcement
of this act, he shall produce same, and the person in whose possession it
was found, if any, and if no person be found in possession of said articles
the return shall so state. A copy of said warrant shall be posted on the
door of the building or room wherein the same was found, or if there be
no door, then in any conspicuous place upon the premises.

Upon the return of the warrant as provided in this section, the
justice of the peace, police justice, mayor or court shall fix a time not
less than ten days and not more than thirty days thereafter, for the
hearing of said return, when he shall proceed to hear and determine
whether or not the articles so seized, or any part thereof, were used
or in any manner kept, stored or possessed in violation of any of the
provisions of this act. At such hearing if no claimant shall appear,
the justice of the peace, police justice, mayor or court shall declare
the articles seized forfeited to the Commonwealth and if such articles
be not necessary as evidence in any pending prosecution, shall turn
the same over to the commissioner as herein required. At such hear-
ing any person claiming any interest in any of the articles seized may
appear and file a written claim setting forth particularly the character
and extent of his interest, whereupon, if the trial be before a justice
of the peace, police justice, or mayor, he shall forthwith certify the
warrant and the articles seized along with the claim filed therein to
the circuit, corporation or hustings court having jurisdiction, which
court shall docket the case, but any prosecution pending against any
person for a violation of the provisions of this act in relation to said
ardent spirits shall have precedence on the docket of such court. ‘rhere-
upon the court shall hear and determine the validity of such claim. But
upon such hearing the sworn complaint or affidavit upon which the
search warrant was issued and the possession of such ardent spirits
shall constitute prima facie evidence of the contraband character of
the liquor and articles seized, and the burden shall rest upon the claim-
ant to show, by competent evidence, his property right or interest in
the articles claimed and that the same were not kept, stored, possessed
or in any manner used in violation of any of the provisions of this act.
If, upon such hearing, the evidence warrants, the court shall thereupon
enter'a judgment of forfeiture, and order the article so seized to be
turned over to the commissioner as is herein required. Action under
this section and the forfeiture of any articles thereunder shall not be a
bar to any prosecution under any other provisions of this act.

If any person shall knowingly and wilfully make any false complaint
under this section, he shall be guilty of a misdemeanor and fined not
less than fifty nor more than two hundred dollars for each offense.

Nothing herein contained shall be construed to permit the issuance
of general warrants whereby an officer may be commanded to search
suspected places without evidence of a fact committed, or to seize
any person or persons not named, or whose offense is not particularly
described and supported by evidence.

32. Wine or cider, manufacture, use, sale of, when not prohibited
by this act; denatured alcohol or denatured rum for use in industrial
or mechanical arts, when exempted from provisions of this act; wood
or denatured alcohol exempted from the provisions of this act.—The
provisions of this act shall not be construed to prevent any person
from manufacturing for his domestic consumption at his home, but
not to be sold, dispensed or given away, except as hereinafter provided,
wine or cider from fruit of his own raising; or to prevent the manu-
facture from fruit of cider for the purpose of making vinegar, not used
as a beverage; and non-intoxicating cider, containing not more than
one per centum of alcohol by volume, for use or sale.

Nothing in this act or in any section thereof shall have any applica-
tion whatever to denatured alcohol or denatured rum intended for
use only in the industrial or mechanical arts, including especially the
manufacture of tobacco, cigarettes, cheroots, or cigars, where the same
is brought or shipped into the State under bond and there kept and
stored under bond, in strict compliance with the United States internal
revenue laws and regulations, until actually applied to the users above
mentioned and none other whatsoever.

Nothing in this act shall be construed to apply to wood or denatured
alcohol, the manufacture or sale of which does not require the payment
of United States liquor dealer’s tax.

33. When accused sent on to court and recognizance required.—lf
upon examination of any person charged with the violation of the
provisions of this act, and no plea of guilty is entered as hereinafter
in this section provided, it shall appear to the justice, judge or mayor
before whom the warrant is returned, that there is probable cause to
believe the accused guilty, he shall be required to enter into a recog-
nizance in the penalty and with security to be approved by the said
justice, mayor or judge to appear before the next term of the circuit,
hustings, or corporation court having jurisdiction, to answer any in-
dictment found against him. All material witnesses shall also be
recognized, with or without security, as the justice, judge or mayor
may deem proper, to appear before the grand jury, at the next term
of the court having jurisdiction, to give evidence, and if the persons
so charged shall have been previously convicted of the violation of this
act, the justice, judge or mayor may require of the person so charged
to give bond with penalty and security, to be approved by said Justice,
judge or mayor, conditioned that he will not violate any of the provi-
sions of this act, until the charge against him has been tried or dismissed,
and upon failure to give such bond, he shall be committed to jail until
the bond is given, or he is discharged by the court.

Provided that whenever the charge against any person is a misde-
meanor, the accused may, in the presence of the attorney for the Com-
monwealth, and with his consent, endorsed on the warrant of arrest,
enter a plea of guilty to that offense charged in said warrant carrying
the maximum punishment for any offense charged therein, the plea of
guilty specifying the offense to which the accused pleads, in which
event the justice, judge or other officer having criminal jurisdiction
before whom the accused is brought shall have jurisdiction to enter a
judgment of guilty and to fix the punishment but no judge, justice
or other officer shall suspend sentence in any case heard under the
provisions of this section. In entering such judgments the trial justice
shall tax in the cost against the defendant the same fees and awards
in favor of those charged with the enforcement of this act as is elsewhere
herein provided for prosecutions in courts of record.

34. Enforcement of city ordinance, territory contiguous to cities.—
Nothing in this act shall be construed as conflicting with the jurisdic-
tion of any mayor or police justice in the enforcement of city or town
ordinances, prohibiting the manufacture, sale or distribution of ardent
spirits. For the enforcement of such ordinances, the mayor or police
justice shall have jurisdiction over the territory contiguous to the city
or town within three miles of the city or town limits, provided said
three mile limit does not interfere with the jurisdiction of the mayor
or police justice of any other city or town, and where there is less than
six miles between any city or town, and another city or town, the
jurisdiction of the mayor or police justice of either city or town shall
extend only to one-half the distance between said cities and towns.

In any prosecution before a mayor or police justice, the commis-
sioner of prohibition and the attorney for the Commonwealth of the
city or town shall be notified by the said mayor or police justice, in
time to attend said trial, and the said attorney for the Commonwealth
and the commissioner, his deputies and inspectors, shall have the same
power in respect to such cases that they have in cases before the circuit
or corporation court.

35. Jurisdiction of cases arising under this act.—The circuit, cor-
poration and hustings courts having jurisdiction for the trial of crim-
inal cases shall have exclusive original jurisdiction except as herein
otherwise provided, for the trial of all cases arising under this act and
for the trial of all civil cases involving the ownership of ardent spirits
and other property seized under its provisions; except that mayors,
police justices and others having jurisdiction for the trial of cases for
the violation of the ordinances of the cities and towns shall have juris-
diction to try cases arising under ordinances passed by their respective
cities and towns as hereinafter provided, with the right of appeal to
the defendant to the court having jurisdiction to try such appeal.

36. Trial of cases without a jury.—Nothing in this act shall in-
terfere with the jurisdiction of courts, as it at present exists, for the
trial of criminal cases without a jury.

37. 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 ordinances (not
repugnant to the Constitution and laws of the State), and such cities
and towns are hereby authorized and empowered to pass such or-
dinances 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 there-
for, provided such penalties shall be the same as those provided under
the prohibition laws of the State for similar offenses, and provided
further that no mayor, police justice or other person having jurisdiction
to try offenses against such ordinances shall have power to suspend
the sentence of any person convicted of the violation of said city or
town ordinances; provided that nothing herein contained shall be
construed to prevent mayor, police justice or other persons having
jurisdiction to try offenses against such ordinances from suspending
the jail sentences in cases of transportation and possession of ardent
spirits where the quantity does not exceed one pint.

Wherever the violation of the prohibition law of this State is made
a felony and the punishment therefor is confinement in the penitentiary,
or whenever upon a prosecution for a second or subsequent offense
against such ordinances for such act or acts as would have constituted
a felony, had the offense been prosecuted and convictions had by and
for the Commonwealth under the terms and provisions of the pro-
hibition laws of the State, then in such cases, the ordinances herein
provided for shall make such offenses misdemeanors and shall be
punishable by fine of not less than two hundred and fifty dollars nor
more than five thousand dollars and by confinement in jail not less
than six months nor more than twenty-four months, and he shall be
sentenced to work out the term of his confinement on the public roads
of this State.

It shall be the duty of all officers named in section 46, of this act,
to enforce all of the provisions of such ordinances as are adopted by
virtue of the power herein conferred, or which are herein validated;
and to conduct all prosecutions and proceedings thereunder: in the
name of the county, city or town in whose behalf such prosecutions or
proceedings are had; and neglect, failure or refusal of such officers so
to do shall be deemed misfeasance in office.

Upon final conviction under any of such ordinances, the same
fees for services rendered by any of said officers shall be taxed against
the defendant as would be taxed upon final conviction in a prosecu-
tion had by the Commonwealth for a similar violation of the prohibi-
tion laws of this State, anything in the charter or ordinances of any
city or town to the contrary notwithstanding.

All ordinances of the cities and towns of the State of Virginia here-
tofore 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 or subsequent acts are hereby validated, any-
thing in their charters to the contrary notwithstanding, except where
they are in conflict with the provisions of this act.

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 Common-
wealth shall not be chargeable with any costs for enforcing the provi-
sions of this section, nor shall any such costs be paid out. of the State
treasury.
38. When persons convicted required to work on public roads.—
Whenever a person is convicted under this act for an offense punishable
by confinement in jail, he shall be required to work out his term of
confinement on the public roads, unless the court shall be satisfied
that his physical condition be such, upon the testimony of two reputable
physicians after careful examination, as to make such work permanent-
ly injurious to his health, and in every such case the judge shall after
consultation with the State commissioner of highways, by letter or
otherwise, name in his order the camp to which the person convicted
is to be sent.

39. Associate counsel in prosecution.—Any citizen or organiza-
tion within this State may employ an attorney to assist the attorney
for the Commonwealth in the prosecution of any case under this act,
and such attorney shall be recognized by the attorney for the Common-
wealth and the court as associate counsel in the case; and no prosecu-
tion shall be dismissed until at least ten days’ notice in writing shall
have been given to associate counsel, or to the commissioner of pro-
hibition when associated in the prosecution nor then over the objection
of either, until the reasons in writing of the attorney for the Common-
wealth for such dismissal with the objection thereof by the associate
counsel in writing, or the commissioner of prohibition, shall have been
filed, argued and fully considered and approved by the court.

Section 40. Giving to persons of intemperate habits; sending fe-
males for ardent spirits; persons of intemperate habits found intoxicated,
required to disclose from whom they obtain ardent spirits; penalty
for refusal.—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 except on the prescription of a physician.

It shall be unlawful for any person or persons to send or use a 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 sec-
tion, the same penalties shall be imposed as are provided for under
section six. :

41. When bond required of persons convicted.—In addition to the
penalties imposed by this act for the violation of any of its provisions,
the court may, in its discretion, after conviction is had, for the first
offense, and shall after every subsequent conviction, require the de-
fendant to execute bond, with approved security, in the penalty of
not less than five hundred, nor more than five thousand dollars,
conditioned that the said defendant will not violate any of the provi-
sions of this act, for the term of one year. And if said bond shall not
be given, the defendant shall be committed to jail until it 1s given, or
until he is discharged by the court, provided that he shall not be con-
fined for a longer period than six months, said bond when not given
during the term of the court by which conviction was had, may be
given before the judge thereof in vacation or before the clerk of the
court in which conviction was had.

413. Incriminating testimony no excuse for not testifying and
prescribing certain rule of evidence.—No person shall be excused from
testifying for the Commonwealth as to any offense committed by
nother 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 when called to the stand by the court, or the attorney
for the Commonwealth, or the commissioner of prohibition prosecut-
ing the case, or summoned by the Commonwealth and sworn as a
witness by the court or clerk and sent before the grand jury, in a court
of record, shall in no case be used against him, nor shall he be prose-
cuted 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.

42. Form of indictment under sections three, four, five and six.
While any good and sufficient indictment may be used, an indictment
for any first offense under sections three, three ‘“‘A’’, four and five, of
this act shall be sufficient if substantially i in the form or to the effect
following:

“State of Virginia... 0.0... eeee cece cece eee
County Of... eee cece cee ceeeeec cece ceceneeeeee to-wit:
In the circuit court of..........0.000.......220cceeee county:

The grand jurors in and for the body of said county of.................... _——
and now attending said court at 1tS...00.....00....ceccee cece cece eee ce eeceeeeseesseceseseeeees

term, nimeteen.. 22... oo cceee eee ceeee eect eeee es upon their oaths, do present
that. ee eee within one year next prior to the find-
ing of this indictment, in said county Of... eee ee eee , did

unlawfully manufacture, sell, offer, keep, store and expose for sale,

give away, transport, dispense, solicit, advertise and receive orders for

poet spirits, against the peace and dignity of the Commonwealth of
irginia.’

And if it be a second offense, it shall be so stated in the indictment
returned, and the prosecuting attorney shall introduce before the trial
court, evidence of said former conviction, and shall not be permitted
to use his discretion in charging said second offense, or in introducing
evidence and proving the same, on the trial, provided that the failure
to charge former conviction shall not invalidate the indictment.

If the offense is committed in a city the word “city’”’ shall be sub-
stituted for county, the proper court having jurisdiction substituted
for circuit court, and the name of the city for the name of the county.

43. Certain allegations unnecessary in indictment; what proof
sufficient.—In an indictment for the violation of any provision of this
act as to sale or gift of ardent spirits, it shall not be necessary to allege
a sale or gift of ardent spirits to a particular person, and it shall be
sufficient for the conviction of the accused to prove a sale or gift con-
trary to law, within one year prior to the finding of such indictment.

If more than one sale shall be proved within the year preceding the
indictment the Commonwealth’s attorney shall not be required to say
upon which sale conviction will be asked, but he may elect if he thinks
proper to do so, and proceed by indictment against the accused for the
other sales.

44. Burden upon accused to prove exemption.—When, in any case
prosecuted under this act, the accused claims the benefit of any excep-
tion in or to any section of this act, the burden shall be upon him to
prove that he comes within the exception.
45. All ardent spirits and materials used in the manufacture of
ardent spirits and containers in which ardent spirits are manufac-
tured, kept, stored, possessed, sold or in any manner used in violation
of the provisions of this act shall be deemed contraband and shall be
forfeited to the Commonwealth, provided the provisions of this act
shall have no application to ardent spirits stored in bona fide homes
prior to November first, nineteen hundred and sixteen, or acquired
according to provisions of section 12 of this act, so long as the same
shall not be used in violation of this act.

46. Certain officials charged with the enforcement of provisions
of this act; fees.—It shall be the duty of all chiefs of police, police boards,
police justices, special officers, sheriffs, attorneys for the Common-
wealth, deputies, constables and justices of the peace of the counties
and cities, and all mayors, sergeants and their deputies, justices 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 in office. ;

For official services rendered in connection with violations of this
act all said officers, including police officers of cities and towns, clerks
of courts having jurisdiction to try such cases, and witnesses summoned
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 mis-
demeanors under this act, the clerk of the court shall pay the 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
preliminary hearings are to be had for the violation of this law, shall
be notified by the trial officer a reasonable time before such hearings,
in order that he may attend, and if the Commonwealth’s attorney
attends such trial, 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 de-
fendant: provided, further, that when the defendant 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 preliminary hearing. Where there is no convic-
tion, 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 dollars,
to be taxed as a part of the costs against such defendant, and if two
or more officers unite in making such arrests, then provided the fee
for arrest for intoxication shall be five dollars, ‘said fee shall be appor-
tioned among them.

47. Certain employees of common carriers made special police for
the enforcement of this act; jurisdiction.—Captains of boats and
vessels doing business in this State as common carriers, conductors of
railroad trains, conductors and motormen of electric railways, police
agents of railroad companies, station and depot agents of common
carriers, operating in this State shall be specially charged with the
enforcement of this act and shall have the powers of special police,
with jurisdiction to make arrests for violations of this act, upon the
property of the common carrier by whom they are employed.

48. Commanders of oyster boats made special police for enforce-
ment of this act; fees.—For the purpose of enforcing the provisions
of this act the commissioner of fisheries of the State will co-operate
with the commissioner of prohibition in tidewater Virginia and to
this end the several commanders of the oyster boats of this Common-
wealth are hereby constituted special police of the State, whose juris-
diction as such special police shall extend over the land and waters of
this Commonwealth. They shall enforce the provisions of this act
and report to the commissioner of prohibition all persons arrested,
searches for, and seizures made of ardent spirits.

The commanders of the said boats shall receive no extra compensa-
tion for the performance of these duties, except that in cases of con-
viction, there shall be assessed against the offender and added to the
fines and penalties provided by this act a fee of five dollars which shall
be collected, as fines are collected under the general provisions of the
law, and be paid over to the commander by whom the arrest was made.

49. Obstruction of officer in discharge of duty, giving information
of proceedings, concealing or destroying evidence unlawful.—It shall
be unlawful for any person to obstruct the lawful exercise of the duties
of any officer charged by law with the enforcement of the prohibition
laws, and it shall be likewise unlawful for any person holding an official
position in the State of Virginia to give information to any person
charged with or suspected of a violation of such laws of any proceedings,
or contemplated proceedings, or of the intentions of any officer to
search any such person’s premises whether with or without warrant;
and it shall likewise be unlawful to conceal or destroy evidence before
or after it shall have been lawfully captured by any person otherwise
than as permitted by this act.

50. When officer may break and enter houses.—If in any house,
building, boat, car, or other place, as is hereinbefore mentioned, the
sale, offering, storing or exposing for sale of ardent spirits is carried on
clandestinely, or in such manner that the person or persons engaged
therein cannot be seen or identified by the officer or officers charged
with the execution of a warrant, under any section of this act, any
such officer may, whenever it is necessary for the arrest or identifica-
tion of the person or persons offending, or of seizing such ardent
spirits, break open and enter such house, building, boat, car or place,
or any room or part of any of them.

51. Search warrants.—All warrants issued under this act for the
search of any automobile, boat, conveyance or vehicle, whether of like
kind or not, or for the search of any trunk, grip or other article of
baggage, whether of like kind or not, for ardent spirits, may be executed
in any part of the Commonwealth where the same are overtaken, and
shall be made returnable before any justice of the peace or police
justice within whose jurisdiction they were transported or attempted
to be transported contrary to law.

52. Officers to have authority to enter dance halls, et cetera, with-
out warrant.—All officers charged with the enforcement of the prohibi-
tion laws of the State of Virginia shall have at all times the right, with-
out warrant, and free of charge of admission, to enter any public dance

all, or dance hall to which there is a charge of admission, either by
way of admission charge, club charges or other dues, and to all rooms
or apartments therein except such as are used exclusively by women,
or to any other place of public entertainment or gathering, wherever
such officer shall have reasonable cause to believe that the prohibi-
tion laws of the State are being violated.

53. Agents of authorities may purchase and transport ardent
spirits contrary to the provisions of this act.—Nothing in this act shall
be construed as prohibiting any person from purchasing or transporting
ardent spirits contrary to the provisions of this act, when acting as the
agent of the authorities charged with the enforcement of prohibition
laws in the detection and conviction of violators of said laws, nor to
prevent the commissioner from ordering the transportation of ardent
spirits in or out of the State, or from one point to another within the
State, when deemed necessary to carry into effect the purpose of this
act, but in every such case a permit signed by the commissioner shall be
pasted upon the container.

54. Whoever not being an officer, agent, or employee of the United
States, or State of Virginia, charged with the enforcement of the pro-
hibition law of the State shall falsely represent himself to be such officer,
agent, or employee, and in such assumed character 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 punished by a fine of not more than one
thousand dollars, or imprisonment for not more than one year, or by
both such fine and imprisonment.

55. Upon the trial of any officer charged with the enforcement 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,
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.

56. Soft drinks defined.—The word ‘‘soft drinks’ as used in this
act shall be construed to embrace and include any and all beverages,
patented, domestic or otherwise, of every description and kind, which
may be offered for sale, in this State, not embraced in the words ‘“‘ardent
spirits” as defined in this act.

57. License for sale of soft drinks.-—It shall be unlawful for any
person, firm or corporation to dispense soft drinks without obtaining a
license to do so from the circuit court of the county, or corporation or
hustings court of the city in which county or city the privileges are to be
exercised. No such license shall be granted unless it shall appear that
notice of the application has been posted for ten days on the front door
of the applicant’s place of business and where the soft drinks are to be
sold. Any citizen may appear personally or by counsel in opposition to
the granting of said license, and the court may in its discretion refuse to
grant such license if convinced that the person applying is not a suitable
person to exercise the said privilege. The clerk of the court shall receive
for all services rendered by him in connection with the issuance of such
a license a fee not to exceed twenty-five cents. All licenses issued under
this section shall be granted subject to revocation by the circuit court
of the county or the corporation or hustings court of the city where such
person does business; and shall also be subject to suspension for cause
during the vacation of the court by the judge of such court having juris-
diction, but shall be good until suspended or revoked.

Provided, that it shall not be necessary to obtain such license to sell
soft drinks at any place for benevolent or charitable purposes; provided
further that it shall be unlawful for any dispenser of soft drinks to use
any ardent spirits as a flavor or mixture.

Any person violating any of the provisions of this section of this act
shall be deemed guilty of a misdemeanor and shall be fined not less than
twenty-five nor more than one hundred dollars for the first offense, and
shall be fined not less than fifty nor more than five hundred dollars for
the second offense, and for every subsequent offense shall be fined ‘not
less than one hundred nor more than five hundred dollars, and confined
in jail not less than one nor more than six months.

58. Hotels permitted to use certain cooking wines and bath houses
to use alcohol.—Nothing in this act shall prevent the manager of any
hotel -which has on hand: ardent spirits, wines or alcohols purchased
prior to July first, nineteen hundred and seventeen, and shown by its
sworn statements filed with the clerk of the court which granted license
under the act approved March tenth, nineteen hundred and sixteen,
from having and using said ardent spirits, wines and alcohols for cook-
ing and culinary purposes only, or externally with massage in connection
with baths given at a bathing establishment used in connection with
said hotel; and not to be used contrary to the provisions of this act;
provided; however, that the manager of said hotel or the owner of said
hotel must procure a license to do so from the circuit court of the
county or the corporation: or hustings court of the city in which such
hotel is located.

Before making application for such license, notice must be posted
and continuously kept in a conspicuous place in the office of the hotel
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 have and use such
ardent spirits, wines and alcohols. 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 1 in
30me newspaper of general circulation therein.

Before the court shall grant any such license, the judge thereof shall
be satisfied that the manager of said hotel making the application is of
good moral character, is a hotel manager in good standing, that the hotel
for which license is sought is a reputable one in which the business of
keeping a hotel is carried on in good faith by the owner or lessee thereof;
that said manager is not of intemperate habits or addicted to the use of
any narcotic drugs; that he will observe the laws controlling the use of
such ardent spirits, wines and alcohols; that the applicant has presented
satisfactory proof that there is a necessity existing for the granting of such
license; provided that any citizens may appear personally or by counsel
in opposition to the granting of any license herein provided for.

Each manager of any licensed hotel shall file a sworn statement, with
the clerk of the court which granted the license, on the first of each
month, stating the amount of ardent spirits, wines and alcohols on hand
on the first of the previous month, and the amount on hand on the date
the statement is made.

If the license is granted the applicant shall give bond in the penalty
of not less than five hundred dollars, nor more than twenty-five hundred
dollars, as the court may require, with security to be approved by the
court and with condition that said applicant will not use or dispose of
any ardent spirits, wines or alcohols, except under and in accordance
with the provisions of this act.

59. Medicines containing alcohol, toilet, medicinal and antiseptic
preparations and solutions, et cetera, containing alcohol, flavoring ex-
tracts containing alcohol, how may be manufactured, kept, sold and
dispensed; violations, how punished; how manufacturers of flavoring
extracts, toilet, medicinal, antiseptic preparations and solutions may
obtain alcohol.—The provisions of this act shall not be construed to pre-
vent the sale or gift and keeping and storing for sale by druggists and
general merchants or others duly licensed by existing laws of any medici-
nal preparations manufactured in accordance with formulas prescribed
by the United States pharmacoepia and national formulary patent and
proprietary preparations, and other bona fide medicinal and technical
preparations which contain no more alcohol than is necessary to ex-
tract the medicinal properties of the drugs contained in such prepara-
tions, and no more alcohol than is necessary to hold the medicinal
agents in solution and to preserve the same, and which are manufac-
tured and sold and used exclusively as medicine and not as beverages;
or to prevent the manufacture and sale of toilet, medicinal and antiseptic
preparations, and solutions not intended for internal human use, nor
to be sold as beverages, and upon the outside of each bottle, box or
package of which is printed in English conspicuously and legibly and
clearly the quantity by volume of alcohol in such preparations; or to
prevent the manufacture or keeping for sale of the food product known
as flavoring extracts which shall be so manufactured or sold for cooking
and culinary purposes only, and not to be sold for beverage purposes;
provided, that it shall not be lawful to manufacture or sell any toilet,
medicinal, antiseptic preparations or solutions, or any flavoring extracts
or patent or proprietary medicines or preparations, the manufacture or
sale of which required the payment of the United States liquor dealer’s
tax.

Provided such manufacturers, druggists, general and retail mer-
chants and others duly licensed under existing laws, shall first secure
from the circuit court of the county or the corporation or hustings court
of the city where such manufacturer, druggist, general and retail mer-
chant or other duly licensed person does business, a permit to manu-
facture, purchase, keep, store and sell such articles for which permit no
tax shall be charged but the clerk entering the order therefor shall re-
ceive a fee of twenty-five cents; which said permits shall be subject to
revocation for cause by the circuit court of the county or the corpora-
tion or hustings court of the city where such manufacturer, druggist,
general merchant, or other duly licensed person, does business, and pro-
vided, further, that such permits shall also be subject to suspension for
cause during the vacation of the court by the judge of such court having
jurisdiction ; said permits granted to merchants and retail druggists to be
good until suspended or revoked.

It shall be unlawful for any person to sell such toilet, medicinal,
antiseptic preparations or solutions or flavoring extracts or patent or
proprietary medicines or preparations for beverage purposes in the
guise of flavoring extracts or medicines, and a sale of any of them for
beverage purposes shall be punished as prescribed by this act, but a sale
of any of them without the permit required by this section shall be
deemed a misdemeanor and for the first offense be punishable by a
fine of not less than ten nor more than one hundred dollars, and for any
subsequent offense by a fine of not less than fifty nor more than five
hundred dollars.

It shall be unlawful for any person to purchase such toilet, medicinal
or antiseptic preparations or solutions of flavoring extracts or patent or
proprietary medicines or preparations for use as a beverage, under rep-
resentation to the vendor, that the same is intended for bona fide use as
a toilet, medicinal or antiseptic preparation or flavoring extract; any
purchase upon such misrepresentation shall be deemed a misdemeanor,
and punishable by a fine of not less than ten dollars nor more than one
hundred dollars.

It shall be unlawful for any person to sell any such preparations,
solutions, extracts or medicines as is above enumerated in this section
to any person who is intoxicated or who is known by the person selling
it to be a person of intemperate habits as is defined by section forty-nine
in this act. And any violation of this provision shall be punished as
unlawful selling of ardent spirits is punished by this act; providing that
any such medicinal preparations may be sold to a person of intemperate
habits by a licensed druggist under the same conditions that whiskey
and brandy may be sold by a druggist as prescribed in this act.

Wherever in any prosecution under this section it appears from the
evidence that the defendant has sold any of the preparations, solutions,
extracts or medicines enumerated in this section in a quantity exceed-
ing a normal or usual purchase, or has made more than one sale to the
same person within a period of twenty-four hours, this shall be prima
facie evidence that the defendant knowingly sold such preparation,
solution, extract or medicine for beverage purposes and the burden shall
be upon him to rebut said presumption to the satisfaction of the Jury
or court trying the case.

The manufacturers of flavoring extracts, or of toilet, medicinal,
antiseptic preparations or solutions, patent or proprietary medicines or
preparations permitted to be manufactured by this act shall be per-
mitted to purchase and cause to be transported into this State by com-
mon carriers in accordance with the provisions of this act, and to store
ardent spirits or alcohol necessary for the manufacture of said articles,
but not to be sold or given away; provided, that such manufacturer
must secure from the commissioner a permit which shall be subject to
the rules and regulations prescribed by the commissioner and be subject
to suspension or revocation for cause, and shall file with the clerk of the
circuit court of the county or corporation or hustings court of the city
within which such manufactory is located a monthly report as is re-
quired of druggist by this act.

Isut before the commissioner shall issue a permit to manufacturers of
flavoring extracts, or toilet, medicinal or antiseptic preparations or
solutions, patent or proprietary medicines or preparations permitted to
be manufactured by this act, the applicant shall give bond to the Com-
monwealth in the sum of not less than one thousand dollars nor more
than ten thousand dollars conditioned that he will not violate any of the
provisions of this act.

All permits issued by the commissioner for the manufacture and sale
of articles and preparations. permitted. to be manufactured by this
section shall expire May first of each year.

60. Sale of ardent spirits by druggists, when permitted; sales by
druggists, for medicinal purposes; how druggist¢ not licensed under
this act may procure pure grain, ethyl or fruit alcohol for own phar-
maceutical use.—The provisions of this act shall not be construed to
prevent the sale and keeping and storing for sale by druggists licensed
under this act, as hereinafter provided, of pure grain, fruit or ethyl
alcohol for mechanical, pharmaceutical and scientific purposes or of
wine for sacramental purposes upon affidavit as hereinafter provided,
or of ardent spirits for medicinal purposes, or as provided in the pre-
ceding section.

But alcohol and other ardent spirits except such preparations as are
permitted to be manufactured and sold by section fifty-nine of this
act, shall not be sold by druggists for medicinal purposes except under a
license as required by this act, and then only upon a written prescrip-
tion of a physician in active practice of good standing in his profession,
and not of intemperate habits, or addicted to the use of any narcotic
drug, prescribing the quantity of alcohol, or other ardent spirits, des-
ignating the said amount in fractions of a pint, the disease or malady
for which it is prescribed, how it is to be used, the name of the person
for whom prescribed, the number of previous prescriptions for ardent
spirits, other than medicines or preparations permitted to be sold by
section fifty-nine of this act, given by such physician for such person
within six months next preceding the date of such prescription, and
stating that the same is absolutely necessary as a medicine, and not
to be used as a beverage, and that such physician, at the time such
prescription was given, made a careful, personal, physical examination
of such person; and only one sale, not exceeding two quarts of alcohol,
or one gallon of malt or vinous liquors, or one pint of brandy or whiskey,
shall be made upon such prescription, which shall at all times be kept
on file by the druggist filling the same, and open to the inspection of
all State, county and municipal officers, their deputies and inspectors.
It shall be the duty of the druggist to register in an alphabetically
arranged book, kept exclusively for the purpose of registering pre-
scriptions and affidavits, all prescriptions from physicians mentioned
in this section in the following order: The name of the physician,
the name of the person prescribed for, the quantity of alcohol or other
ardent spirits, and the use for which prescribed, and shall endorse on
the prescription or affidavit the date upon which the prescription was
filled, and the name of the druggist or firm filling said prescription,
or making said.sale, and such book shall at all times be open for the
same inspection as the prescription.

But nothing in this act shall prevent a druggist duly licensed under
existing laws, from buying, storing and using pure grain, ethyl or fruit
alcohol for his own pharmaceutical purposes, provided he makes the
monthly reports to the clerk of the court as required by this act; and
any common carrier may transport such alcohol to any druggist under
a permit from the commissioner as provided in this act, or under like
conditions, wine, for the purpose of compounding wine antimony,
wine of ipecac and like preparations.

61. When identification to be required by druggist.—If any person
lawfully applying by affidavit for ardent spirits is not personally known
to the druggist to whom he applies, as the person named in the affi-
davit, and a proper person to receive such ardent spirits, the druggist
shall require him to be identified by some person known to him, who
is not of intemperate habits or addicted to the use of narcotic drugs.

62. Purchases by dentists, physicians.and veterinary surgeons.—
Nothing in this-act shall be construed to. prevent dentists, physicians
and veterinary surgeons from purchasihg in accordance with the pro-

visions of this act, pure fruit or ethyl or grain alcohol to be used in the
practice of. their profession, and. for no other purpose whatsoever, upon
affidavit prescribed herein or upon a permit from. the commissioner.: |

63. Jamaica ginger.—It shall be unlawful for anyone but.a licensed
pharmacist to sell, dispense or give away to the consumer the extract,
essence or tincture of Jamaica ginger; and such pharmacist only upon
the prescription ofa regular licensed physician, and then only upon the
same conditions as ardent spirits are sold under the provisions of this act.

Nothing in this act shall be construed to prevent the manufacture
and transportation for sale outside of the State, of the extract, essence,
or tincture of Jamaica. ginger, into territory where the same may be
legally sold.

64. To provide for the transportation of wine into Virginia in in-
terstate commerce and its use in the manufacture of beverages contain-
ing less than one-half of one per centum of alcohol by volume; when
permitted.—Nothing in this act shall be construed to prevent the trans-
portation into the State of Virginia in interstate commerce of liquids
such as wines, fruit Juices, or other materials permitted to be used and
transported under the provisions of the national prohibition act, and its
use in the manufacture of beverages containing less than one-half of
one per centum of alcohol of volume, under restrictions and provisions
as follows: A manufacturer, who has been licensed under the laws of
the State of Virginia as a manufacturer of flavoring extracts, et cetera,
and of any beverage containing less than one-half of one per centum of
alcohol by volume, may, on making application and giving such bond
as the commissioner of prohibition may prescribe, be given a permit to
develop in the manufacture thereof by the usual methods of fermenta-
tion and fortification, or to transport in interstate commerce into the
State of Virginia liquids such as wines, fruit juices or other materials
permitted to be used and transported under the provisions of the na-
tional prohibition laws, containing more than one-half of one per centum
of alcohol by volume, but before any such liquid is withdrawn from the
factory or otherwise disposed of the alcoholic contents thereof shall,
under such rules and regulations as the commissioner of prohibition
may prescribe, be reduced below one-half of one per centum of alcohol
by volume, provided that such liquid shall be transported into the State
of Virginia in interstate commerce and may be removed, under such
bond, and under such other regulations as the commissioner of prohibi-
tion may prescribe, from one bonded plant or warehouse to another, for
the purpose of having the alcohol extracted therefrom; the alcohol so
extracted may, under rules and regulations prescribed by the commis-
sioner of prohibition of Virginia, be used for any purpose permitted
under the laws of the State of Virginia.

In any case where the manufacturer, having been permitted by the
commissioner of prohibition to transport into Virginia or develop by the
usual methods of fermentation or fortification liquids such as wines,
fruit juices, or other materials permitted to be used or transported under
the provisions of the national prohibition laws, containing more than
one-half of one per centum of alcohol by volume, in the manner and for
the purpose herein provided, is charged with failure to reduce the alco-
holic contents of any such liquid below one-half of one per centum be-
fore withdrawing the same from the factory, then in such case the burden
of proof shall be on such manufacturer to show that such liquid so manu-
factured, sold or withdrawn contains less than one-half of one per cen-
tum of alcohol by volume. In any suit or proceedings involving the
alcoholic contents of any such beverages the reasonable expense of anal-
ysis of such beverage shall be taxed as costs in the case.

65. Sales by druggists of pure grain, ethy! or fruit alcohol for scien-
tific, pharmaceutical and mechanical purposes; sales by druggists of
wine for sacramental purposes; penalty on druggists, et cetera, for viola-
tions.—It shall be lawful for wholesale and retail druggists to sell pure
grain, ethyl or fruit alcohol for scientific, pharmaceutical and mechani-
cal purposes, or wine for sacramental purposes, for use by religious bod-
ies only, to a person, not a minor, nor of intemperate habits and not
addicted to use of any narcotic drugs, who shall at the time and place
of sale, if bought in person, make an affidavit in writing, signed by him-
self, before such druggist, or a registered pharmacist, then in the employ
of such druggist, or, if not bought in person, before any person author-
ized by law to administer oaths, stating the quantity, when, where and
fully for what purpose and by whom such alcohol or wine is to be used,
and that the affiant is not a minor nor of intemperate habits and not
addicted to the use of any narcotic drugs. Such affidavit shall be filed
and preserved by the druggist selling the alcohol and wine and be sub-
ject to inspection at all times by any State, county, or municipal officer,
their deputies or inspectors, and a record thereof made by such druggist
in the record book for affidavits and prescriptions herein mentioned,
showing date of affidavit, by whom made, the quantity of such alcohol or
wine, and when, where, for what purpose and by whom to be used.
Only one sale shall be made upon such affidavit, and for no greater quan-
tity than is therein specified. The person offering said prescription to
be filled, or making said affidavit, shall certify to the correctness of the
record in said record book by recording his signature opposite said record
of said prescription or affidavit. For the purpose of this act, any regis-
tered druggist or pharmacist making such sale shall have authority to
administer the oaths required by this section.

If any druggist, owner of a drug store, registered pharmacist, or
clerk, or employee shall, knowingly sell or give away such alcohol, or
other ardent spirits, to any one to be used for any purpose other than
that named in said prescription or affidavit (provided that no ardent
spirits other than alcohol for mechanical or pharmaceutical, or wine for
sacramental purposes, or such preparations as are permitted to be manu-
factured and sold under section fifty-nine of this act, shall be sold except
upon prescription), or shall sell or give away any ardent spirits other
than preparations permitted to be manufactured and sold under section
fifty-nine of this act, without such prescription or affidavit, he shall be
deemed guilty of a misdemeanor, and in addition to the penalty pre-
scribed for a misdemeanor by this act, the license of such druggist to
sell ardent spirits shall be revoked by the court for the period of one
year, and all ardent spirits in possession of said druggist or in the said
drug store, or on the premises connected therewith, shall be turned over
by order of the court to the commissioner; for a subsequent offense, in
addition to the penalty prescribed for a misdemeanor by this act, the
license of said druggist to practice pharmacy shall be revoked forth-
with, and all ardent spirits in the possession of said druggist, or in the
said drug store, or on the premises connected therewith, shall forth-
with be by order of the court turned over to the commissioner and the
court shall forthwith certify the fact of the revocation of said license to
the authority granting such license, which order of revocation shall
forthwith be made a matter of record by said authority, and shall act to
a bar to the granting of license to said druggist in the future. (Acts
ie hundred and eighteen, chapter three hundred and eighty-
eight)..

66. Presumptions upon sale by druggists, et cetera, unlawful sales
by employees without employer’s knowledge; penalties for failure to
discharge convicted employees.—In any prosecution against a druggist,
owner of a drug store, registered pharmacist, clerk or employee, for sell-
ing or giving away ardent spirits contrary to law, if such sale or gift be
proven, it shall be presumed to be unlawful in the absence of satisfac-
tory proof to the contrary, but the presentation of such prescription or
affidavit by the defendant on trial shall be sufficient to rebut the pre-
sumption arising from the proof of such sale or gift; provided that the
jury shall believe from all the evidence in the case that such sale or gift
was made in good faith under the belief that such prescription or aff-
davit and the statements therein were true; and provided further, that
such druggist, owner of a drug store, registered pharmacist, clerk or
employee shall have complied with all other provisions of this act relat-
ing to such sale or gift; and provided further, that if any clerk or em-
ployee in a drug store other than the druggist, owner of said drug store,
shall sell or give away any ardent spirits contrary to the provisions of
this act, upon conviction of said clerk or employee, said druggist, or
owner of said drug store, may before trial and the revocation of the h-
cense and before the ardent spirits in his possession are turned over to
the commissioner as required in section nine, be permitted to present to
the court evidence that said sale or gift was without his knowledge,
consent, acquiescence or connivance, and if the court is convinced from
said evidence that said druggist, or owner of said drug store was not in
any sense a party to the violation of this act by his clerk or other em-
ployee, then said druggist, or owner of a drug store shall not be deemed
guilty of the violation of said section nine of this act by reason of the
violation thereof by his clerk or employee.

If any druggist or owner of a drug store, who has been duly notified
that any clerk or employee has been convicted of a violation of any of
the provisions of this section, shall fail at once to discharge said clerk or
employee permanently, he shall be deemed guilty of a misdemeanor,
and upon conviction, shall be fined not less than one hundred nor more
than five hundred dollars, and for any subsequent offense shall be fined
not less than one hundred nor more than five hundred dollars, and be
confined in jail not less than one nor more than six months, and if any
registered pharmacist shall be convicted of the violation of this section,
he shall, in addition to the penalties provided for such violation, for-
feit his license as a registered pharmacist for a period of two years.

67. Indictments against druggists.—While any good and sufficient
indictment may be used, an indictment against any druggist, owner of a
drug store, registered pharmacist, clerk or employee, for any offense
committed under the provisions of this act relating to druggist, shall be
sufficient if substantially in the form and to the effect following:

“Commonwealth of Virginia,

County Of... eeeeeceeeeeceeeeeeeeeeececeececeecececeeescee to-wit:
In the circuit court of said county:
The grand jurors in and for the body of said county of.............002........ and
now attending said court at 18.2020. eeeeeeeeeeeeeee ....term, 19.......... ,
upon their oaths do present that... ceeee eee teeeeeceeeeeeeee within

one year next prior to the finding of this indictment in the said county of
veveeecccceseseeeescesssceseceteceesceececeses did unlawfully sell, give away, offer, dis-
pense, expose, keep and store for sale and gift, ardent spirits against the
peace and dignity of the Commonwealth of Virginia.’

And if it be a second offense, it shall be so Stated in the indictment
returned, and the prosecuting attorney shall introduce before the trial
court evidence of said former conviction, and shall not be permitted to
use his discretion in charging said second offense, or in introducing evi-
dence or proving the same on the trial. Provided, that the failure to
charge a former conviction shall not invalidate the indictment.

If the offense is committed in a city, the word city shall be substi-
tuted for county, the court having jurisdiction substituted for circuit
court, and the name of the city for the name of the county.
68. Affidavit by person of intemperate habits, use other than stated
in affidavit.—If any person who is of intemperate habits or addicted to
the use of any narcotic drug shall make the affidavit hereinbefore men-
tioned, or if any person making such affidavit shall use as a beverage, or
for any purpose, or at any place other than that stated in the affidavit,
or shall knowingly permit another to make use of said alcohol or wine,
or any part thereof, or shall knowingly make any false statement in
such affidavit, he shall be guilty of a misdemeanor.

69. When issue of prescriptions by physicians unlawful, penalty.—
If any physician who is not in active practice, or who is not in good
standing in his profession, or who is of intemperate habits, or addicted
to the use of any narcotic drug shall issue any such prescription as is
mentioned in this act, or if any physician shall issue such prescription
without at the time making a careful, personal physical examination of
the person for whom the ardent spirits are prescribed, or shall prescribe
such ardent spirits for any person who he knows or has reason to believe
is in the habit of drinking to intoxication, unless it is prescribed bona
fide and solely for medicinal purposes as a necessary treatment, when
the patient is confined to his bed or in some hospital or institution as a
result of alcoholism, or shall in his prescription make any false statement,
or shall prescribe ardent spirits when such ardent spirits are plainly not
a remedy, or shall prescribe more than two quarts of alcohol, or one gal-
lon of malt or vinous liquor or one pint of brandy or whiskey, or shall re-
sort to any shift or device by which ardent spirits may be improperly
procured, he shall be deemed guilty of a misdemeanor, and in addition
to the penalty prescribed for a misdemeanor by this act, for the first
offense under this act, the court may in its discretion suspend the license
of such physician for a period of six months, and for a second offense
in addition to the penalty prescribed for a misdemeanor by this act the
court shall suspend such license for a period of twelve months and for
any subsequent offense in addition to the penalty prescribed for a mis-
demeanor by this act, the court shall forthwith revoke the license of
said physician, and shall forthwith certify the fact of the revocation of
said license to the authority granting said license, which order of revoca-
tion shall forthwith be made a matter of record by said authority, and
shall act as a bar to the granting of license to said physician in the future.

70. What persons may administer oaths.—Whenever an affidavit
is required to be administered under the provisions of this act, the per-
son who is to receive and file such affidavit shall have authority to
administer the oath, and the same shall be as binding as if administered
by any officer now authorized by law to administer oaths.

71. This act is subject to the following, however: that wherever
and whenever its requirements are such as to make necessary the keep-
ing of records which are in effect duplicate of records required under
provisions of the national prohibition act; and provides for the filing of
prescriptions and affidavits in any manner different from prescriptions
and affidavits provided for by the national prohibition act, but in effect
duplicating the record so provided for by the national prohibition act;
and provides for the filing of monthly reports by pharmacists and others
with the clerks of the circuit courts of counties or with the clerks of
the corporation or hustings court of cities, which reports are in effect
duplicates of reports required to be filed with the Federal prohibition
director for Virginia, in accordance with provisions of the national pro-
hibition act; such records, prescriptions, affidavits and reports shall not
be required. It is deemed sufficient if the licensee under this act keep
such records, keep on file such prescriptions, and make such reports, as
are provided for in the national prohibition act; and any officer author-
ized to enforce the provisions of this act shall have access to all such
records, files and reports aforementioned at any reasonable hour.

72. Issue of license to druggist; statement required of druggists;
license to hospital, chemical laboratories, and statements required;
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 sacra-
mental 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 manufactured and sold under
T1618 (0) | of this act.

Before making application for such license notice must be posted
and continuously kept on the front door 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 thé 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
ne newspaper published in the county in which the privilege is to be
exercised, the notice shall be published in some newspaper having gen-
eral circulation therein and shall be posted for twenty days on the front
door of the courthouse 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, is of good moral character, is a registered pharmacist in good
standing, that he has in his drug store belonging to him, and not includ-
ing patent medicines and drugs 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 re-
ferred 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 control-
ling the sale of ardent spirits and alcohol; that the applicant has pre-
sented satisfactory proof that there is a necessity existing for the grant-
ing 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 injurious
to the moral or material interests of the community. And provided,
further, that in no case shall a license be granted if a majority of the
voters qualified to vote at the last preceding election petition the court
not to grant any such license in the following cases, namely: Ina town
of over one thousand inhabitants the petition shall be signed by a major-
ity 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 district the petition shall be signed by a majority of said quali-
fied voters of the magisterial district and towns of less than one thou-
sand inhabitants in said magisterial district; provided that where license
has been refused an applicant under the provisions of this section no
further application for license may be made by the same applicant, with-
in two years nor by any other applicant where the petition of voters
presented to the court is not alone directed against the granting of li-
cense to the particular person, but is also against the granting of license
to any person within the territory covered by the petition. Any license
granted under this section may be revoked at any time by the court
granting the same for cause, and after two years from the date of issue
upon the petition provided for in this section, provided that where there
was another licensed under this section in the territory covered by the
petition, and the petition was against the granting of license on account
of the fact that there was already a licensee doing business and such
licensee has discontinued business, application may be renewed by the
same or another applicant, unless the petition was against granting the
license to the particular applicant.

The court may also in its discretion issue to any wholesale druggist
who is a qualified voter of the State and of good moral character, a
license to sell pure grain, ethyl, and fruit alcohol, to any druggist, 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

urposes, or other ardent spirits to retail druggists in Virginia only,
ficensed under this act, and pure grain, ethyl, or fruit alcohol to retail
druggists outside of the State of Virginia, where the sale thereof is per-
mitted by law; provided, that any citizen may appear personally or by
counsel in opposition to the granting of any license herein provided for,
provided, that the provisions of this section shall not be construed to
require a license for the purchase or sale of the preparations permitted
to be manufactured and sold under section fifty-nine 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 previ-
ous 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 laboratory, not to be used contrary
to the provisions 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 commissioner, but before ordering or receiving
said ardent spirits other than preparations permitted to be manufac-
tured and sold under section eight-b of this act, before ordering or re-
ceiving 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 section eight-b of this act, except upon prescription of its own
patients under the same restrictions and reports required of druggists;
and, provided, further, that chemical laboratories shall make report as
required by 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 medicinal or
sacramental ardent spirits sold hereunder, and a violation of this pro-
vision shall work a forfeiture of his license; but no druggist shall dis-
pense any but pure liquor of standard proof.

If the license is granted the applicant shall give bond in the penalty
of not less than one thousand dollars, nor more than ten thousand dol-
lars, as the court may require, with security to be approved 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.

The court may also in its discretion issue a license as heretofore pro-
vided, to a corporation engaged in the retail drug business in this State
under the provisions of this section, provided the said corporation has
a capital stock of not less than two thousand dollars fully paid and,
provided, further, that the said registered pharmacist is in good stand-
ing, is of good moral character; that he is not of intemperate habits or
addicted to the use of any narcotic drugs; that he is a person of good
character and will observe the laws controlling the sale of ardent spirits
and alcohol; and, provided, further, the said registered pharmacist shall
personally supervise the filling of ‘all prescriptions for the sale of ardent
spirits. : .

73. Shipment of ardent spirits to pharmacists: records to be kept
by transportation company.—Nothing in this act shall be construed to
prevent a duly licensed pharmacist under this, from having shipped to
him, or to prevent any transportation company from delivering to him
under a permit from the commissioner, pure fruit, ethyl, and grain alco-
hol, wine or other ardent spirits, in such quantities and at such times as
said pharmacist licensed under this act may deem necessary. But be-
fore any shipment is delivered, the consignee shall sign a record, to be
made and kept by the transportation company, which shall state the
name of the shipper, the kind and quantity of the ardent spirits shipped,
the date of shipment and of delivery, and the consignee shall make aff-
davit before some person authorized to administer an oath that the pure
fruit, ethyl and grain alcohol, wine or other ardent spirits included in
the shipment are to be sold, dispensed or used according to the provis-
ions of this act. Any registered pharmacist licensed under this act,
failing to comply with any of the provisions of this section, or who shall
make a false affidavit, shall be guilty of a misdemeanor. Provided the
provisions of this act shall not be construed to require a permit for the
transportation or the keeping records by a transportation company of
any of the articles permitted to be manufactured and sold under section
wees Leseesceeseeeeeee-Of this act.
And provided, further, that the dispensary of Norfolk city, now op-
erated under the direction of the health department of said Norfolk
city, be, and the same is hereby, given all the rights and privileges of
pharmacists and hereby authorized to sell ardent spirits for medicinal
purposes only, subject to all the provisions, conditions and limitations
of this act.

This act shall not apply to Bedford county.

74. Permits to be issued by commissioner; permit as evidence; com-
mon carrier to transport only on permit; fee to be paid for permit.—The
commissioner, whenever in his discretion it shall be deemed necessary to
do so, or when he shall be thereto required by any section of this act,
may give permits in triplicate for the purchase, use or transportation of
ardent spirits, and may give permits for the transportation of ardent
spirits to physicians, dentists, veterinary surgeons, superintendents of
hospitals and laboratories authorized by this act to purchase and use
ardent spirits for medicinal purposes. The commissioner shall specify
in each permit the kind and quantity of ardent spirits to be transported
under it, and the purpose for which it is to be used. It shall be lawful
for any common carrier or transportation company to transport any
ardent spirits which has upon the container a permit of the commission.
But before the ardent spirits shall be delivered to the consignee he shall
make affidavit that he is the person named in the permit and that he
will use ardent spirits for the purposes named therein. The commis-
sioner shall keep in his office a copy of every original permit, a duly cer-
tified copy of which shall be evidence of what it contains, in any prose-
cution for violation of this act.

The affidavits of the consignee shall be kept filed and be subject to
inspection as other affidavits under this act.

It shall be unlawful for any common carrier or transportation com-
pany to transport ardent spirits for any physician, dentist, veterinary
surgeon, superintendent of a hospital or superintendent of a laboratory
without a permit of the commissioner pasted on the outside of the con-
tainer.

For every permit issued by the commissioner shall be paid to him a
fee of fifty cents, except that retail druggists shall not be required to pay
for permits for having alcohol transported under the provisions of this
act for medicinal, pharmaceutical and mechanical purposes, shall. re-
ceive for all services rendered by him in connection with the issuance of
such a license a fee not to exceed twenty-five cents. All licenses issued
under this section shall be granted subject to revocation by the circuit
court of the county or the corporation or hustings court of the city
where such person does business; and shall also be subject to suspension
for cause during the vacation of the court by the judge of such court
having jurisdiction, but shall be good until suspended or revoked.

Provided, that it shall not be necessary to obtain such license to sell
soft drinks at any place for benevolent or charitable purposes; provided
further, that it shall be unlawful for any dispenser of soft drinks to use
any ardent spirits as a flavor or mixture.

Any person violating any of the provisions of this section of this act
shall be deemed guilty of a misdemeanor and shall be fined not less than
twenty-five nor more than one hundred dollars for the first offense, and
shall be fined not less than fifty nor more than five hundred dollars for
the second offense, and for every subsequent offense shall be fined not
less than one hundred nor more than five hundred dollars, and confined
in jail not less than one nor more than six months.

. 75. Tax on non-resident manufacturers of soft drinks maintaining
distribution or storage warehouses.—Every non-resident manufacturer
of soft drinks maintaining in this State distributing or storage ware-
houses for the sale of soft drinks by wholesale, shall pay for such privi-
lege the sum of five hundred dollars to the auditor of public accounts.

76. Right of appeal by Commonwealth.—In all cases arising under
this act, the State shall have the right of appeal except when such appeal
is forbidden by the Constitution.

77. Effect when part of act declared unconstitutional.—If any sec-
tion or provision of this act or any part of any section shall be declared
unconstitutional by the supreme court of appeals of Virginia, or the
supreme court of the United States, the part so declared unconstitu-
tional shall cease to be operative, but the remainder of the act and every
section or part thereof not so declared unconstitutional shall continue
to be the law of this State.

78. Duties of attorney for the Commonwealth.—The attorney for
the Commonwealth of every county and city in this State shall, as often
as once a month, examine all prescriptions and affidavits and record
books required to be kept by any section of this act and filed in the clerk’s
office, and if the said prescriptions, affidavit and records are not made and
kept according to the provisions of this act, or if he has reason to believe
that there has been any violation of any of the provisions of this act,
he shall take such action as may be necessary to bring the offender to
justice.

79. Prescriptions, affidavits and record books to be examined.—
The commissioner in person or by his deputies or inspectors shall as
often as possible examine all prescriptions, affidavits and record books
required by this act, and report the violation of any of its provisions to
the attorney for the Commonwealth of the city or county in which said
violations occur, whose duty it shall be to proceed at once to investigate
and prosecute the same.

80. Who deemed intoxicated; of intemperate habits.—Any person
who has drunk enough ardent spirits to so affect his manner, disposition,
speech, muscular movement, general appearance or behavior, as to be
apparent to observation, shall be deemed for the purposes of this act,
to be intoxicated, and if he shall continue to use ardent spirits as &
beverage during the period of one year, so as to produce the above re-
sults from time to time, he shall be deemed a person of intemperate
habits within the meaning of this act.

81. Employees of hotels or place of public entertainment.—Em-
ployees in connection with boats, vehicles, etc. —penalty:

Assisting guests to obtain ardent spirits: penalty.—Any bell boy,
elevator boy, or employee of any hotel or place of public entertainment
in this State who shall procure for or assist in procuring, or who shall
give any information or direction to any guest or patron of such hotel or
house of public or private entertainment, or other person by which said
guest or other person may secure ardent spirits, or any person in charge
of or employed in connection with any car, boat, hack, jitney, or other
public conveyance or automobile, who shall procure for or assist in pro-
curing, or who shall give any information or direction by which any
person may secure ardent spirits in violation of this act, shall be deemed
ruilty of a misdemeanor, and upon conviction, be fined not less than
ten nor more than fifty dollars and be confined in jail or committed to
the reformatory for not less than one nor more than six months.

82. Proprietors of houses of public or private entertainment per-
mitting employees to assist guests to secure ardent spirits; failure to
discharge convicted employee; penalty.—Any proprietor of any hotel or
house of public or private entertainment in this State who shall knowing-
ly permit any bell boy, elevator boy, or other employee to, or who shall
himself, procure ardent spirits for, or give direction and information by
which ardent spirits can be secured by any guest, patron or other per-
sons, or who when duly notified that.any employee has been convicted
of a violation of any of the provisions of this act, shall fail at once to
discharge said employee permanently, shall be guilty of a misdemeanor,
and when convicted, shall be fined not less than one hundred nor more
than five hundred dollars, and for any subsequent offense shall be fined
not less than one hundred nor more than five hundred dollars and be
confined in jail not less than one nor more than six months.

83. Keeping or sale of ardent spirits in hotels, et cetera, prohib-
ited.—It shall be unlawful for any keeper of a hotel, boarding house,
rooming house or apartment house, even though he may reside in said
hotel, boarding house, rooming house or apartment house, to keep in
said hotel, boarding house, rooming house or apartment house, or on
the premises connected therewith, any ardent spirits, except for the
use of himself and his family, and under a permit as required herein,
and not to be sold, dispensed or given away by any shift or device what-
soever; and if the keeper of any hotel, boarding house, rooming house or
apartment house shall knowingly permit ardent spirits to be sold, kept,
stored, dispensed, given away, or used in any part of said hotel, board-
ing house, rooming house, or apartment house, or on the premises there-
of, except on the prescription of a physician, and except as provided in
this act, he shall be deemed guilty of a misdemeanor, and may be pro-
ceeded against in equity as provided by this act.

84. When licenses of hotels, et cetera, revoked.—If any keeper of a
hotel, boarding house, pool room, billiard room, bowling alley, store or
other place requiring license, whether said license was granted by the
court or not, or any employee with his knowledge, consent, connivance
or acquiescence shall keep, store, dispense or use contrary to the pro-
visions of this act any ardent spirits, in addition to the penalties pre-
scribed for the violations of this act, the license of such place shall be
revoked for one year for the first offense, and for the second offense no
such license shall be granted at the same place or to the person con-
victed for a period of two years; provided, further, that where the place
is run under a lease by a person or persons other than the true owner of
the building, nothing herein shall operate to prohibit the issuance of a
license to a new lessee who was not in any way connected as employee
or otherwise with the former business therein conducted at the time of
the revocation of the license.

85. Prescriptions and affidavits to be in duplicate; filing; examina.
tion.—All prescriptions and affidavits required by this act shall be made
in duplicate and one original filed with the clerk of the circuit court of
the county or the corporation court of the city, which has criminal juris-
diction, on or before the fifth day of every month following the filing of
such prescription and the making of such affidavits, by the druggists,
or by the common carrier handling the same, and the failure of any
physician to make out said prescription in duplicate and the failure of
the persons making the affidavit to do so in duplicate shall be deemed
@ misdemeanor. The clerk of the court with whom said prescriptions
and said affidavits shall be filed shall paste them in an alphabetically
arranged book, and permit their examination without fee. Any clerk
who shall fail or refuse to comply with the duties imposed upon him by
this section shall be fined not less than five dollars and not more than
twenty-five dollars. This section is subject to this proviso, however,
that whenever the prescriptions have been issued and filed in accord-
ance with the provisions of the national prohibition act and the regula-
tions issued in pursuance thereof the prescriptions and affidavits men-
tioned in this section shall not be required.

86. Certain advertisements, and circulation, et cetera, of certain
matter prohibited; publication of statements regarding the liquor traffic;
how punished.—It shall be unlawful (one), to advertise upon any street
car, railroad car or other vehicle of transportation, or any public place
or resort, or upon any sign or billboard, or by circular, poster, price
list, newspaper, periodical, or otherwise within this State ardent spirits,
or to advertise the manufacture, sale, keeping for sale or furnishing of
the same, or the person from whom, or the firm or corporation from
which, or the place where, or the price at which, or the method by which
the same or any of them may be obtained in any way whatever, pro-
vided, that wholesale druggists licensed under this act shall be per-
mitted to send price lists to those to whom they are permitted to sell
ardent spirits under this act; (two), to circulate or publish any written
or printed matter, in which any advertisement in this section shall
appear, or to permit any sign, or billboard, containing such advertise-
ment to remain upon one’s premises; or to circulate any price list, order
blank or other matter for the purpose of inducing or securing orders
for such ardent spirits no matter where located. Any sheriff, constable
or police officer is authorized to remove any such advertisement from any
sign, billboard, or other public place when it comes to his notice, and
shall do so upon demand of any citizen.

Any advertisement or notice containing the picture of a brewery,
distillery, bottle, keg, barrel, or box, or other receptacle represented as
containing ardent spirits, or designed to serve as an advertisement there-
of, shall be within the inhibition of this section. Nothing in this act
shall be construed as prohibiting any person from giving away without
any compensation therefor any paper or magazine which he has received
by mail, or which he has brought into the State in person, provided, that
such gift shall not be a subterfuge or device, or a violation of the pro-
visions of this act, forbidding the circulation of newspapers, periodicals,
or other written or printed matter containing any advertisement of ar-
dent spirits; (three), it shall be unlawful for any newspaper or periodical
published in this State to print in its columns statements concerning
the liquor traffic, for which the said newspaper or periodical receives
compensation of any kind, without printing at the beginning of and at
the close of said statement in type of the same size used in the body of
the said article the following statement: ‘‘printed as paid advertising.”

When any violation of any of the provisions of this section of this act
shall have occurred, the continuation and repetition of the unlawful act
or any of like kind by the offending person, firm or corporation, may be
prevented by a writ of injunction issued by a court of equity or by the
judge thereof in vacation, upon a bill filed in the name of the State of
Virginia by the attorney general, or by any attorney for the Common-
wealth in any county or city, or by any citizen or citizens of the county
or city in which the offense has been committed; and all rules of evidence,
practice and procedure that pertain to courts of equity generally may
be invoked and applied, as well as the rules and practice prescribed for
bills in equity to abate nuisances, as far as the same are applicable. All
persons, whether agents, servants or officers of corporations, or agents
or servants of individuals aiding or abetting in the commission of the
offense, may be made parties defendant to such bills.

87. Analysis of mixtures supposed to contain ardent spirits; chem-
ist certificate as evidence.—It shall be the duty of the State commis-
sioner of agriculture, at the request of any officer, State, county, or
municipal, including the commissioner of prohibition charged with the
execution of this act and other laws of this State concerning ardent
spirits as herein defined, to cause to be analyzed, forthwith, any mix-
ture, supposed to contain ardent spirits as herein defined, and to return
to the officer making the request a certificate of the chemist showing
such analysis. The certificate of any chemist employed by the depart-
ment of agriculture of this State, when signed and sworn to by him,
shall be evidence in all prosecutions for violations of this act or of any
other laws relating to ardent spirits as herein defined and all controver-
sies touching the mixture analyzed by him; and if the person taking the
sample shall label the same with a mark of identification and cause it
to be delivered to the chemist for analysis, with a certificate stating that
the container contains the actual fluid taken by him from manufacturer,
-dealer, or the person storing, selling or attempting to sell the same, the
burden of proof shall be upon the accused to show that it is not the fluid
so taken; but on motion of the accused and for good cause shown, the
court may require the chemist making the analysis, and the person taking
the sample to appear as witnesses and be subject to cross-examination.

88. Certain houses, et cetera, declared common nuisances.—Al]
houses, boat-houses, buildings, tents, club, fraternity, and lodge rooms,
boats, cars and places of every description, including drug stores, where
ardent spirits are manufactured, stored, sold, vended, dispensed, bar-
tered, given away, furnished or used contrary to law by any scheme, or
device whatever, shall be held, taken and deemed common nuisances.
Any person who shall maintain, or who shall aid or abet, or knowingly
be associated with others in maintaining such common nuisances, shal]
be guilty of a misdemeanor, and judgment shall be given that such house,
building, tent, boat-house, car or other place, or any room or part there-
of, be closed up, but the court may upon the owner giving bond in the
penalty of not less than five hundred dollars and with security to be
approved by the court, conditioned that the premises shall not be used
for unlawful purposes, or in violation of the provisions of this act, turn
the same over to its owner; or proceedings may be had in equity as
provided by section thirty-six of this act.

89. Injunctions against nuisances as defined in this act.—The com-
missioner, his deputies or inspectors, the attorney for the Common-
wealth, or any citizen of the county, town or city, where such a nuisance
as is defined in this act exists, or is kept or maintained, may, in addition
to the remedies given in and punishment imposed by this act, maintain
a suit in equity in the name of the State to abate and perpetually to
enjoin the same. The courts of equity shall have jurisdiction thereof,
and in every case where the bill charges, on the knowledge or belief of
complainant, and is sworn to by two reputable citizens, that ardent spirits
are sold, bartered, given away, distributed, dispensed or stored or used
in any house, building, boat-house, club-room, fraternity room, lodge
room, hotel, boarding house, apartment house, lodging house, boat,
tent, or any place contrary to the laws of this State, an injunction shall
be granted as soon as the bill is presented to the court or judge in vaca-
tion, and no bond shall be required. The injunction shall enjoin and
restrain the owners, tenants, their agents, employees, servants, and any
person connected with said house, building or other place named in this
section, and all persons whomsoever from selling, bartering, giving away,
distributing, dispensing, storing, or using ardent spirits in said house,
building, boat-house, club-room, fraternity room, boat, tent, or other
place named in this section, and shall also restrain all persons from re-
moving any ardent spirits then on said premises until the further order
of the court. Upon the hearing of the cause, when it shall have been
matured and set for hearing as required by law, upon deposition of wit-
nesses, documentary and oral evidence, of the court or judge in vacation,
shall be satisfied that the material allegations of the bill are true, al-
though the premises complained of may not then be unlawfully used,
it or he shall continue the injunction against such house, building or
place, if it shall be a drug store, for one year, and in all other cases the
injunction shall be perpetual. )

Any person violating any of the provisions of the injunction granted
under this section shall be summarily punished for contempt of court
without the empaneling of a jury, by a fine of not less than one hundred
nor more than five hundred dollars and confinment in jail not less than
one nor more than six months.

Whenever the court upon the hearing of any cause in equity under
this section shall continue the injunction for one year or make it per-
petual, it shall allow to the attorney for the complainant, or the com-
missioner, or the attorney, for the Commonwealth, when he conducts
the same without assistance, a reasonable fee, which shall be taxed and
collected as other costs, provided that any fee allowed the commissioner
under this section shall be paid into the treasury of the State.

90. Disposition of ardent spirits seized; disposition of stills, tubs,
fermenters, et cetera, seized.—Whenever by the terms of this act, any
ardent spirits, containers, stills, still caps, worms, tubs, fermenters or
other appliances used, or which can be used in connection with any still
for the manufacture of ardent spirits, shall be seized by any officer for
violation of this act and forfeited to the Commonwealth, the same shall
be turned over to the commissioner, who shall in his discretion cause the
ardent spirits to be destroyed, or manufactured into alcohol and disposed
of for scientific, mechanical, or medicinal purposes; or he may sell the
ardent spirits so turned over to him or alcohol distilled therefrom to
any officer, drug store, hospital, laboratory, industrial enterprise, phy-
sician, dental or veterinary surgeon, Lee Camp Confederate veterans,
and any other eleemosynary institution of the State having the legal
right to purchase the same. And said commissioner after so mutilating
the stills, still caps, and worms as to render them unfit for the manufac-
ture of ardent spirits, shall sell the same with the tubs, fermenters and
containers, and, after paying the costs of manufacturing the alcohol,
and cost of transportation, storage and disposal of such ardent spirits
shall turn over the net proceeds to the treasurer of the State for the
benefit of the literary fund.

91. Transportation of malted milk and similar preparations; com-
missioner to control sale of preparations containing malt or alcohol.—
The commissioner shall have the right to permit the transportation into
the State, and from place to place within the State, of malted milk and
other similar preparations coming under the letter but not the spirit of
this act, and shall have the power to prohibit or regulate the sale of
preparations and beverages, containing malt or alcohol subject, however,
to the provisions herein contained with regard to the manufacture and
sale of such preparations for medicinal purposes.

92. 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, inspectors,
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 purpose 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 Commonwealth or for the best interests thereof,
he shall associate himself or one or more of his assistants, with the at-
torney for the Commonwealth in any county or corporation in the pros-
ecution of any complaint or case arising under the prohibition laws of
this Commonwealth, All the powers and duties conferred and imposed
by this or any other act of this State relating to prohibition upon the
commissioner 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 seventy thousand dollars for the year, be-
ginning March first, nineteen hundred and twenty-four, and ending Feb-
ruary twenty-eighth, nineteen hundred and twenty-five, and there is
likewise appropriated for the year beginning March first, nineteen hun-
dred and twenty-five, and ending February twenty-eighth, nineteen hun-
dred and twenty-six, any unexpended balance on hand March first, nine-
teen hundred and twenty-five, of the appropriation of seventy thousand
dollars for the year, ending February twenty-eighth, nineteen hundred
and twenty-five, and thefurther sum of seventy thousand dollars or so
much thereof as may be necessary.

Nothing in this act shall be construed as taking from the attorney
for the Commonwealth, sheriffs or other officers charged with the en-
forcement of the prohibition laws, any of the powers conferred by this
or other prohibition laws upon them, nor shall it be construed as re-
lieving them from their duty and responsibility in connection 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 as-
sembly; such report shall give in detail the expenditure of all public
moneys hereby appropriated, and the work of his department in con-
nection 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 expe-
dient. Such annual report shall also show:

1. The amount of money realized each year from the sale of con-
fiscated vehicles, in what county, or city the said vehicles. were confis-
cated, and whether said vehieles were seized by officers of his depart-
ment, or by local officers.

2. What proportion of the fines imposed upon persons violating
the provisions of the prohibition laws were imposed upon persons ar-
rested 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 hig 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 provis-
ions of this act by attorneys of his department, and the number -prose-
cuted without assistance of his department, giving in each case the
number convicted and the number acquitted.

5. 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 de-
partment were taken, and if not taken from persons, under what cir-

cumstances seized:

93. If any assistant attorney, agent, inspector or other employees of
the department of the attorney general, or any administrative officer
charged with the enforcement of the prohibition laws of this State shal}!
fail to account for and deliver to the proper authorities any ardent
spirits taken by such officer in pursuance of law or if any such officer
shall knowingly and wilfully violate the prohibition laws of this State
he shall be guilty of a misdemeanor and shall, upon conviction, be pun-
ished 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. :

94. Appointment of deputies and inspectors; employment of at-
torneys, et cetera.—The commissioner shall have the power to appoint
deputies and inspectors, and whenever he deems it necessary, employ
attorneys and such other helpers as may be necessary in performing
the duties of his office, but he must keep their compensation and ex-
penses within the limits of the appropriation made for the conduct and
maintenance of his department, and said deputies and inspectors shall
be removed at the pleasure of the commissioner.

95. It shall be the duty of the commissioner, in person or by his
deputies and inspectors, to superintend the enforcement of all of the
provisions of this act, and the laws of this State and ordinances of mu-
nicipalities concerning ardent spirits. The commissioner, his deputies
and inspectors shall diligently inform themselves of all violations of such
laws and make report to the judge of the circuit, corporation or hustings
court and to the Commonwealth’s attorney of the county or city in
which violations occur, and it shall be the duty of every prosecuting
attorney to faithfully prosecute every such case or complaint. The com-
missioner and his deputies and inspectors shall, for the purposes of arrest,
have the power of the sheriff’s officers of the Commonwealth.

The commissioner, if an attorney at law, may associate himself with
the attorney for the Commonwealth; if not an attorney at law, may
associate with the attorney for the Commonwealth, an attorney repre-
senting his office in the prosecution of any complaint or case arising
under this act, and in cases where he may deem it advisable, the com-
missioner may request the attorney general of the State, or one of his
assistants selected by himself, to take charge of and control the manage-
ment of such complaint or case, the Commonwealth’s attorney, acting
with the commissioner, his attorney, or the attorney general, as the case
may be; provided that nothing in this act shall be construed as taking
from the attorney for the Commonwealth, sheriff or other officers any
of the powers conferred upon them except as herein provided.

96. Powers of assistants, attorneys, agents, inspectors, and other
employees of the attorney general.—The assistants, attorneys, agents,
inspectors, and other employees of the attorney general provided for in
this act, and all other officers charged with the enforcement of the pro-
hibition 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, bag-
gage 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 occupied berth or compartment on 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 pro-
hibition 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,
automobile or other vehicle herein named, except a train or passenger
boat, without a search warrant; 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 on any Pullman car or boat, without a
warrant directing such a search, he shall be guilty of a misdemeanor,
and upon conviction thereof shall be fined not exceeding five hundred
dollars and shall be removed from office.

97. Certain local laws not repealed.—None of the provisions of this
act shall be construed as a repealing, annulling or in any way abrogating
or superseding the act of the general assembly, approved March twenty-
fifth, nineteen hundred and two, as amended, relating to the sale of
ardent spirits in the counties of Tazewell, Giles, Buchanan and Dick-
enson; or any other prohibitory act for any county or town, or any pro-
vision of any charter of any city or town in so far as said act or acts or
charter provision restricts, prohibits or limits the sale, manufacture or
delivery of ardent spirits beyond the provisions of this act, but this act
shall be construed as supplemental to said act or acts and charter pro-
visions and in aid thereof, and such special act or acts and prohibitive
charter provisions, beyond the provisions of this act, are hereby expressly
continued unrepealed, and the same shall remain with like force and
effect as if this act had not been passed. Nor shall any provisions of
this act be construed as repealing any ordinance of any town or city in
so far as the same restricts and limits beyond the provisions of this act
the transportation, delivery, receipt, possession, sale, offering for sale,
advertising for sale, or in any way dispensing, giving away or receiving
orders or transmitting orders for ardent spirits as herein defined.

98. Act deemed exercise of police powers.—This entire act shall be
deemed an exercise of the police power of the State for the protection of
the State, for the protection of the public health, peace and morals, and
the prevention of the sale and use of ardent spirits, and all of its pro-
visions shall be literally construed to affect these objects, provided that
no person shall be prosecuted for an offense for which he has been tried
in any other court, or is being prosecuted therefor at the time of the
institution of the proceedings under this act.

99. The attorney general of Virginia shall upon it being brought to
his attention that any officer charged with the enforcement of this law
is violating or has since the passage of this act violated the same then
the attorney general shall institute ouster proceedings against such
officer.

100. All acts or parts of acts in conflict with this act are hereby
repealed.