Chap. 481.—An ACT to amend and re-enact section 8 of chapter 407 otf the
acts of 1924, entitled: an act to define ardent spirits and prohibit the manu-
facture, use, sale, offering for sale, transportation, keeping for sale, and gtv-
ing away of ardent spirits, or ‘drugs, as herein defined, except as provided
herein; declaring certain ardent spirits contraband, and prescribing proce-
dure for search therefor and forfeiture thereof; to prohibit advertisement
of such ardent spirits; to prescribe the jurisdiction for trial and appeais ct
cases arising under this act; to prescribe the force and effect of certain ev-
dence and prosecutions for violation of this act; defining intoxication and
who is a person of intemperate habits within the meaning of this act; pre-
scribing a penalty for intoxication; prescribing certain rules of evidence in
certain prosecutions under this act; defining soft drinks, providing how they
may be sold, regulating the sale of toilet, antiseptic preparations, patent and
proprietary medicines, and flavcring extracts; exempting certain counties avi
cities from certain provisions of this act and authorizing additional restric-
tions 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 ths
act; to make it an offense to cperate an automobile, engine, or other motr
vehicle while intoxicated or under the influence of liquor, and to preserite
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 ot
acts in conflict with this act approved March 20, 1924. [= B 135]

Approved March 26, 1928

1. Be it enacted by the general assembly of Virginia, That section
eight of chapter four hundred and seven of the acts of nineteen hun-
dred and twenty-four be amended and re-enacted so as to read as
follows:

Section 8. Whenever a jail sentence is prescribed for a violation
of this act and such sentence 1s imposed, then the defendant shall be
sentenced to the State convict road force for the period of said jail
sentence; and whenever a fine is prescribed for the violation of the
laws for the enforcement of prohibition in this State, and such fine and
costs incident to the prosecution and conviction are not paid the de-
fendant shall be sentenced to and held in the State convict road force
under the provisions of sections twenty hundred and ninety-four and
twenty hundred and ninety-five of the Code of Virginia, nineteen hun-
dred and nineteen, as amended, for the non-payment of said fine and
costs.