Chap. 1093.—An ACT to repeal section 13, and to amend and re-enact sections
3, 4, 5, 6, and 8 of chapter 2, of an act approved March 6, 1890, entitled an
act to provide for the assessment of taxeson persons, property, and in-
comes, and on licenses to transact business and imposing taxes thereon
for the support of the government and public free schools, and to pay
interest on the public debt. and prescribing the mode of obtaining licenses
to sell wire, ardent spirits, malt liquors, or any mixture thereof, in cases
where a court certificate is required, as amended and re-enacted by an act
approved March 4, 1896.

Approved March 7, 1900.

1. Be it enacted by the general assembly of Virginia, That section
thirteen of chapter two of an act approved March sixth, eighteen hun-
dred and ninety, entitled an act to provide for the assessment of taxes
on persons, property, and incomes, and on licenses to transact business,
and imposing taxes thereon for the support of the government, and pub-
lic free schools, and to pay interest. on the public debt, and prescribing
the mode of obtaining licenses to sell wine, ardent spirits, malt liquors,
or any mixture thercof, in cases where a court certificate is required, as
amended and re-enacted by an act approved March fourth, eighteen
hundred and ninety-six, be. and the same is hereby, repealed, and that
sections three, four, five, six, and cight of said chapter two of the said
act, approved March sixth, eighteen hundred and ninety, as amended and
re-enacted by the said act, approved March fourth, eighteen hundred
and ninety-six, be further amended and re-enacted so as to read as
follows:

$3. Any person, firm, company, corporation, partnership, or associa-
tion desiring to obtain a license such as is required in any of the three
classes of cases specified in the preceding section shall make a written
application therefor to a commissioner of the revenue of the county
or city from the county or corporation or hustings court of which a
certificate is required, Such applieation shall state the name of the
applicant. the residence of the applicant, the nature of the business
for which the heense is desired. the place where it is proposed to be
prosecuted, and the amount required by law to be paid for the privilege
of such license. Upon such application shall be endorsed the certificate
of the treasurer of such county or city that the amount so required has
heen deposited with him by the applicant in gold or silver coin, United
States treasury notes, or national bank notes.

$4. Upon the receipt of such application, with the treasurer’s certi-
ficate so endorsed upon it, the commissioner of the revenue shall make
and sign the following endorsement thereon: Neferred to the county
court of ————- county; or referred to the corporation or
hustings court of the city of —————,, as the case may be.

Ne “When such application has been endorsed by the commissioner
of “the revenue “referred to the county court of ——————— county,”
or “referred to the corporation court of the city of ——————,,” as the
case may be, the applicant shall present ‘the application so en-
dorsed to the county, corporation, or hustings court whose certificate is
required; and said court shall thereupon hear such evidence as may be
introduced for or against the application, and hear and determine
the question of granting the same: provided, however, that before any
application for a license to sell by retail or to keep a malt liquor saloon,
or an ordinary, shall be presented to any county court, the applicant
shall, in addition to complying with all the other requirements of this
act, first advertise his intention of making such application by posting
a written notice of such mtention at the front door of the county
court-house of the county in which the business is proposed to be
conducted, and also at the place where it is proposed to conduct the
said business for thirty days next preceding the day on which such
application shall be presented to the said county court; and no county
court shall consider any such application until it shall have been first
proven to its satisfaction that the notice required by this section has
been so posted.

It shall be lawful for any person who may consider that he would
be aggrieved by the granting of such license to have himself entered
and made a party defendant to said application, and to defend and
contest the same. If the court be fully satisfied, upon the hearing
of the testimony for and against the application, that the applicant
is a fit person to conduct such business, and that he will keep an orderly
house, and that the place at which it is to be conducted is a suitable,
convenient, and appropriate place for conducting such a business, the
court may, upon the execution by the applicant of a bond in a penalty
of not less than two hundred and fifty dollars, nor more than five hun-
dred dollars, with good security, conditioned for faithful compliance
with all the requirements of this act, grant such license: and thereupon
the commissioner of the revenue shall issue the same in such form as
mav be prescribed by the auditor of public accounts. Either party to
such application shall have the right to appeal from the order of judy-
ment of the court granting or refusing such application during the term
at which the application is heard to the circuit court of said county on
corporation. The judge of such circuit court shall take cognizance of
such appeal, and may hear the same either in term time or vacation.
and may, in his discretion, grant the license upon the terms prescribed
in chapter two of this act, or may, in his diseretion, refuse the same.
and the decision of such circuit court, or of the judge thereof in vaca.
tion, shall be final, and no appeal, writ of error, or supersedeas shal.
lie thereto. ‘The party to any such proececding w ho shall substantially
prevail shall, in cases where such applications are contested, be entitlec
to recover their costs from the opposite parties, as in other civil cases
All bonds taken under chapter two of this act shall contain the waive
of the homestead exemption of the obligors therein. In case an appli-
cation be finally refused by the court, the applicant shall have refunded
to lim by the treasurer or other collecting officer the amount of money
deposited by him.

§ 6. So soon as licenses shall be granted under chapter two of this
act it shall be the duty of the commissioner of the revenue certifying
the same to make return thereof to the treasurer of the city or county
and to the auditor of public accounts; and it shall be the duty of such
treasurer, immediately upon such license being granted, to place the
amount of any such deposit as may have been made with him under
chapter two of this act to the credit of the commonwealth, and within
twenty days thereafter to pay the same over to the auditor of public
ace au

$8. The specific sum which shall be paid for the privilege of selling
by retail wine, ardent spirits, malt liquors, or any mixture of any of
them, shall he in the country or in towns or villages of one thousand
Inhabitants or less, or upon any vessel, one hundred dollars; or in cities
or towns or Villages exceeding one thousand inhabitants, two hundred
dollars: provided, that nothing in this act shall be considered to alter
or change or in any way affect the present method of issuing lhcenses
in ai county of Alexandria.

. This act shall be in force from its passage.