Chap. 147.-An ACT for the Protection of Emory and Henry College
during its Commencement Exercises, and to provide a Temporary
Police for said College. .

Approved March 8, 1875.

1. Be it enacted by the general assembly, That if any
person shall erect, place, or have any booth, stall, tent, car-
riage, or other vehicle or other contrivance whatever, for the
purpose or use of selling, giving or otherWise disposing of
any kind of spirituous liquors, or any other articles of traffic,
or shall sell, give, barter or otherwise dispose of any spirit-
uous or fermented liquors, or any other articles of traffic,
within two miles of Emory and Henry College, in the county
of Washington, during the time of holding the annual com-
mencement exercises of said college, such person, on convic-
tion before a justice of the peace, for the first offence shall
be fined not less than ten dollars nor more than twenty dol-
lars, and stand committed to jail until the fine and costs are
paid; and for the second offence shall be fined as aforesaid
and be imprisoned not less than ten nor more than thirty
days. .

2. If any person shall commit any offence against the pro-
visions of the preceding section, he shall, in addition to the
penalties therein mentioned, forfeit all such spirituous or
fermented liquors and other articles of traffic; and all the
chests and other things containing the same, belonging to
and in the possession of the person so offending, together
with such booth, stall, tent, carriage, vehicle or other con-
trivance, or thing prepared and used in violation of said sec-
tion; and it shall be the duty of any sheriff, deputy sheriff,
or constable, if he sees any person violating the preceding
section, to arrest the offender and carry him before a justice
of the peace. The sheriff, deputy sheriff, or constable, when
he arrests the offender, shall seize the property hereby de-
clared to be forfeited, or shall scize the same on a warrant
against the offender, if such offender cannot be found; and
the justice of the peace before whom such offender is con-
victed, or before whom the warrant is returned that the
offender cannot be found, shall enter judgments of condem-
nation against such property, and issue a fieri facias for the
sale thereof: provided, the person who has been returned
not found, and whose property has been condemned in his.
absence, may appear, at any time before the sale of the pro-
perty, and. have the case tried as if he had appeared at the
return of the warrant.
3. The provisions of the-two preceding sections shall not
apply to any licensed tavern-keeper, merchant, shop-keeper,
farmer, or other person in the usual and lawful transactions
of his ordinary hitisinesa, in the usual place of transacting
such business, or to any person having permission, in writing,
from the faculty ot said college, to sell such articles as ma
be named in such permission: provided, this permission shall
not extend to the sale of any spirituous or fermented liquors.

4, All fines imposed and collected under this act shall be
paid to the county; and nothing in this act shall prevent the
courts of record from exercising their common law or statu-
tory jurisdiction in all cases for the violation of the revenue
laws: provided, that the party convicted under any of the
preceding sections shall have the right to appeal to the next
eounty court for the county where the conviction is had,
upon giving bail for his appearance at court; and, upon such
appeal, shall be entitled to a trial by jury: and provided
further, that when any person or. persons are proceeded
against under this act, he or they shall not be held to an-
swer for the same offence before any grand jury or court of
record, except as herein provided.

5. The supervisor, or any justice of the magisterial dis-
trict in which the said college is situated, shall have power
e appoint.a temporary police to enforce the provisions of
this act. -

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