Chap. 653.—An ACT to suppress tippling houses, the illegal and unlawful sale
or traflic in ardent spirits, in the county of Mathews, 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, alco-
holic bitters, bitters containing alcohol, or any mixtures, preparations,
and liquids which will produce intoxication in the said county of Math-
ews shall be guilty of a misdemeanor.

2. Be it further enacted, That any house, tent, booth, or other structure
in the said county at which spirituous or malt liquors, whiskey, brandy,
wine, ale, beer, or any mixture thereof, aleoholic 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
the 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 shall be
deemed guilty of violating the same, and the same shall be abated by th:
order of the county court for bond taken, with good security conditionec
to keep the same as an orderly house, in such penalty as will secure that
purpose.

3. Be it further enacted, That any person who, as an agent, servant.
employee, or in any other capacity, shall buy for another spirituous o1
malt liquors, whiskey, brandy, wine, beer, ale, or any mixture thereof, o!
any person not by the buyer known to be a licensed retailer thereof unde:
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 bitters, bitter:
containing alcohol, or fruits preserved in ardent spirits, or any mixtures
preparations, and liquids which will produce intoxication are partec
with, and any pay, compensation, consideration is left, given, or con.
veyed to the person or to another at the place; or if any understanding
or agreement therefor is tacitly or expressly agreed on, whether done
directly or whether it be nominally for another’s benefit or consideratior
received by the one who gets said spirituous or malt liquors, whiskey
brandy, wine, ale, beer, or any mixture thereof, alcoholic bitters, bitter:
containing alcohol, or fruits preserved in ardent spirits, or any mixtures.
preparations, and liquids which will produce intoxication, it shall bc
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 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 Statcs license may be proved by the evidence of the internal
revenue assessor or collector for said district, or any of their deputies wha
know the fact, or by any person who has seen said license.

6. Be it further enacted, That any officcr of the said county 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 fersons 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 Com-
monwealth, and shall be advertised and sold at. public outery to the high-
est bidder at the nearest wholesale house, and the proceeds, after pay-
ment of all costs incurred in the case, applied to the public free schov!
fund of the county in which the seizure is made; and if the party is not
found guilty, the hquor shall he 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 suppress
the evil prohibited, and shall be taken to be in aid of the local option
laws adopted by the county of Mathews; but no penalty shall be imposed
except 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 and parts of acts in conflict with this act are hereby re-
pealed.

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