CHAP. 510.—An ACT to suppress tippling houses, the illegal and
unlawful trafficin ardent spirits in the counties of Lee, Pulaski,
Scott, Wise, Dickenson, Buchanan, Bland, and Russell.

Approved February 29, 1892.

1. Be it enacted by the general assembly of Virginia,
That any person, who, without a state license so to do,
shall sell by retail any spirituous or malt liquors, whiskey,
brandy, wine, ale, or beer, or any mixture of them in said
counties of Lee, Pulaski, Scott, Wise, Dickenson, Bu-
chanan, Bland and Russell, shall be guilty of a misde-
meanor.

2. Be it further enacted, That any house, tent, booth, or
other structure in said counties, at which spirituous or
malt liquors, whiskey, brandy, wine, ale, or beer, or any
mixture thereof is sold without a license from the state so
to do, shall be deemed a public nuisance, and the person
s0 using the same, or the occupier thereof, or if his or her
name or identity be concealed by the owner, then the
owner thereof shall be deemed guilty of violating the same,
and the same shall be abated by the order of the county
court, or bond taken with good security conditioned to
keep the same as an orderly house, in such penalty as will
secure that purpose.

3. Be it further enacted, That if any person buy at
wholesale, or of a manufacturer thereof, any spirituous or
malt liquors, or any mixture thereof for two or more per-
sons, and distribute the same to them for profit or reward,
or suffer them or others for them to take therefrom or di-
vide the same to the buyer directly or indirectly, the one
so buying shall be deemed a retailer thereof.

4. Be it further enacted, That any person, who as an
agent, servant, employee, or in any other capacity, shall
buy for another spirituous or malt liquors, whiskey,
brandy, wine, beer, ale, or any mixture thereof of any per-
son not by the buyer known to be a licensed retailer
thereof, under the laws of this state at the time, such per-
s0n 80 buying shall be deemed to be a retailer thereof.

5. Be it further enacted, That when spirituous or malt
liquors, whiskey, brandy, wine, ale, beer, or any mixture
thereof are parted with, and any pay, compensation, con-
sideration is left, given, or conveyed to the person, or to
another at the place; or if any understanding or agree-
ment therefor is tacitly or expressly agreed on, whether
done directly or whether it be nominally for another’s
benefit or consideration received by the one who gets said
spirituous or malt liquors, or mixtures thereof or not, it
shall be deemed a sale within the intent of this act by
whatever subterfuge, artifice, or scheme it may be sought
to be concealed.

6. Be it further enacted, That the fact that any person,
firm, or corporation, or joint stock company have a license
as a retail liquor dealer from the United States of America,
and no such license from the state of Virginia as such
dealer, shall be evidence of selling by retail at said place
without a state license so to do, and the fact that a person
has such United States license may be proved by the evi-
dence of the internal revenue assessor or collector for said
district, or any of their deputies who know the fact, or by
any person who has seen said license.

7. Be it further enacted, That any county officer of
either of said counties, who is a conservator of the peace,
to whom complaint is made on oath, or any county judge
or justice of the peace, who shall have reasonable cause to
suspect that any of such liquors aforesaid is sold without
a license, or any such nuisances exist, shall issue his war-
rant requiring search to be made of said premises for the
liquors aforesaid, and if any found, require their seizure
and safe custody until the final order in the case; and if
the place be adjudged a nuisance, or the person or persons
residing or doing business there be found guilty under thia
act of selling liquor without a license so to do, all the liquor
so seized shall be forfeited to the commonwealth, and shall
be advertised and sold at public outcry, to the highest
bidder, at the nearest wholesale house, and the proceeds,
after payment of all costs incurred in the case, applied to
the public free school fund of the county in which the
seizure is made; and if the party is not found guilty the
liquor shall be restored to him. .
8. Be it further enacted, That where a search warrant
is issued under this act, there shall also be issued, by said
officer, a warrant for the arrest of the suspected person or
persons for the violation of this act, and, upon a hearing,
if it be found there is probable cause to suspect them
guiJty, they shall be required to enter into bond, with suf-
ficient security, for their good behavior, conditioned not
to violate the revenue laws of this state, and also to answer
an indictment for said offence. Should any such bond be
forfeited scire facias shall be issued thereon by the clerk
of the court in whose office the bond is filed, upon demand
of any citizen supported by affidavit, or the same shall be
issued upon demand of the attorney for the commonwealth,
whose duty in either event it shall be to prosecute the same
to judgment.

9. Be it further enacted, That any person who is found
guilty under the provisions of this act shall be fined not
Jess than one hundred nor more than five hundred dollars,
‘and may be imprisoned until said fine is paid by labor in
the chain-gang, or in cash.

10. Be it further enacted, This act shall be so construed
as to suppress the evil prohibited, and shall be taken to be
in aid of the revenue lawsof the state; but no penalty shall
be imposed except as herein provided for.

11. Be it further enacted, That any citizen may, by ac-
tion of debt for the maximum penalty herein imposed, re-
cover the same as relator of the commonwealth against
the offender, or may, by bill in chancery, enjoin any such
nuisance upon proof of the fact herein made penal. Such
suit in chancery or action of debt shall be in the circuit
court of the county where the offence is committed, and
shall be brought and prosecuted by the attorney for the
commonwealth, and he shall be allowed the sum of five
dollara for each action of debt prosecuted to judgment,
and fifteen dollars for each chancery suit prosecuted to a
final decree, to be taxed in the bill of costs and paid by
the defendants.

12. Prosecution hereinunder shall be by indictments or
information under oath.

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