Chap. 516.—An ACT to suppress tippling housea, the illegal and unlawful sale or
traffic in ardent spirits, in the counties of Lancaster, Richmond, Northumber-
land, and Westmoreland, and to provide a penalty therefor.

Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That any person
who, without a State license so to do, shall sell any spirituous or malt
liquors, whiskey, brandy, wine, ale, beer, or any mixture thereof, alcoholic
bitters, bitters containing alcohol, or any mixtures, preparations and
liquids which will produce intoxication in the said counties of Lancaster,
Richmond, Northumberland, and Westmoreland shall be guilty of a mis-
demeanor.

2. Be it further enacted, That any house, tent, booth, or structure in
the said counties at which spirituous or malt liquors, whiskey, brandy,
wine, ale, beer, or any mixture thereof, alcoholic bitters, bitters contain-
ing alcohol, or fruits preserved in ardent spirits, or any mixtures, prepa-
rations, and liquids which will produce intoxication is sold without a
license from the State so to do shall be deemed a public nuisance, and
any person so using the same or the occupier thereof, or if his or her name
or identity be concealed by the owner, then the owner thereof shal] 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

urpose.
7 3. 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 person not by the buyer known to be a licensed retailer thereof, under
the laws of this State at the time, such person so buying shall be deemed
to be a retailer thereof.

4. Be it further enacted, That when spirituous or malt liquors
whiskey, brandy, wine, ale, beer, or any mixture thereof, alcoholic bit-
ters, bitters containing alcohol, or fruits preserved in ardent spirits, o1
any mixtures, preparations, and liquids which shall produce intoxication
are parted with, and any pay, compensation, consideration is left, given,
or conveyed to the person, or to another at the place; or if any under-
standing or agreement therefor is tacitly or expressly agreed on, whether
done directly or whether it be nominally for another’s benefit or consid-
eration, received by one who gets said spirituous or malt liquors, whiskey,
brandy, wine, ale, beer, or any mixture thereof, alcoholic bitters, bitters
containing alcohol, or fruits preserved in ardent spirits, or any mixtures,
preparations, and liquids which will produce intoxication, 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.

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

6. Be it further enacted, That any officer of the 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 warrant 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 this 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 outery 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.

%. 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.

8. Be it further enacted, That any person who is found guilty under
the provisions of this act shall be fined not less than fifty nor more than
five hundred dollars, and may be imprisoned until said fine is paid.

9. Be it further enacted, This act shall be so construed as to sup-
press the evil prohibited, and shall be taken to be in aid of the local option
laws adopted by the said counties; but no penalty shall be imposed ex-
cept as herein provided for.
10. Be it further enacted, That any citizen may, by action of debt for
the maximum penalty herein imposed, recover 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 offense is committed, and shall be brought and prosecuted by
the attorney for the Commonwealth, and he shall be allowed the sum of
five dollars 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.

11. All acts or parts of acts in conflict with this act are hereby re-

ealed.
, 12. This act shall be in force from its passage.