Chap. 440.—An ACT to establish a dispensary for the sale of intoxicating liquor
in Leigh magisterial district, at Meherrin, Prince Edward county, Virginia; t
prohibit all persons, firms, corporations, to sell, barter, or exchange suc’
liquors in said magisterial district, and to repeal all laws in contlict, with thi
act so far as they apply to said magisterial district.

Approved December 12, 1903.

1. Be it enacted by the general assembly of Virginia, That on Satur
day, the nineteenth day of December, nineteen hundred and three, ther
shall be held within and for Leigh magiste rial district, at Green Bay, i?
the county of Prince HNdward, a special clection, at which shall be sub
mitted to the qualified voters of the said district the question of the es
tablishment of a dispensary at the village of Meherrin, in said district
as hereinafier provided, which said election shall be held, and the re
turns thereof made, canvassed, and ascertained as provided by the genera
election laws of the State, except as modified by this act. The official bal
lots prepared and used at said election shall contain the words “for dis
pensary” and the words “ayainst dispensary,” and the voter, desiring ti
vote for the establishment of said dispensary as provided by this ac
shall scratch out the words “against dispensary,” leaving the words “fo:
dispensary” unscratched ; and the voter desiring to vote against the es
tablishment of said dispensary as provided by this act shall scratch ou
the words “for dispensary,” leaving the words “against dispensary” un
scratched. The certificate of the judges and clerks of said election shal
show the number of votes cast “for dispensary” and the number of vote:

cast “against dispensary,” and the judges of election shall certify the re
sults of said election to the judge of the cireuit court of the county ol
Prince Edward, in vacation, who shall order the same to be entered |
record upon the law book of said court. And if at said election a ma.
jority of the voters voting thereat shall vote for the establishment of saic
dispensary as provided by this act, then it shall be unlawful for any per-
son, firm, or corporation, in any capacity whatsoever, to sell, barier, or ey,
change any spirituous, vinous, malt, or intoxicating liquors of any kine
in the said magisterial district in which Meherrin is situated on or afte:
the first day of January, nineteen hundred and four, except as hereinafter
provided, and any one violating this section shall be guilty of a imisde.
meanor, and upon conviction thereof shall be fined not less than one hun.
dred nor more than one thousand dollars, or imprisoned not less than one
month nor more than twelve months in the jail of said county, or such
person may be punished by both fine and imprisonment as aforesaid, in
the discretion of the jury, and the subsequent sections of this act shall be
in full force and effect; but if at said election a majority of those voting
thereat shall vote against the establishment of said dispensary as provide: d
by this act, then the same shall not affect ihe general laws pertaining to
the sale of intoxicating liquors.

Notice of said special election shall be given by publication at least
once in some paper published in the county of Prince Edward, and by
handbills posted in five or more public places in said magisterial dis-
trict, and at least ten days before said election, anything in the general
laws of the State to the contrary, notwithstanding.
2. The member of the board of supervisors from said magisterial dis-
trict, together with two discreet citizens of said district appointed by the
judge of the circuit court of the county of Prince Edward, shall consti-
tute a dispensary board for the management of said dispensary ; the said
member of the board of supervisors shall be chairman of said dispensary
board. ‘The terms of office of the members appointed by the judge of the
circuit court of said county shall be for wo years from the first day of
January, nineteen hundred and four; should a vacancy occur in saul
board, the same shall be filled by the said judge of the circuit court of
Prince Edward county.

Before entering upon the discharge of the duties of the office the mem-
bers of said board shall make oath that they shall well and truly carry
out, to the best of their ability, all of the provisions of this act.

The judge of the said circuit court of Prince Edward shall have the
right to remove either of the members of said board appointed by him
when in his judgment such member has violated his oath or been guilty
of malfeasance in the office.

The duty of the chairman of said board shall be to audit and approve
all the bills contracted by said board, and shall receive for his service-
the sum of fifty dollars per annum. ‘The other members shall receive for
their services the sum of twelve dollars per annum.

3. It shall be the duty of the said dispensary board to provide a suit-
able place for the sale of spirituous, vinous, malt, and other intoyicating
liquors at Meherrin, said magisterial district, where such liquors shall be
kept for sale under the direction of said dispensary board, by a manager.
who shall be appointed by said board, and who shall have charge of said
dispensary subject to the control of the said board; said manager shall
be subject to dismissal at the pleasure of the dispensary board; he shall
give bond in the sum to be fixed by said dispensary board, not less than
five hundred dollars, for the faithful discharge of his duties,.and for the
payment of all sums of moncy received by him to the treasury of the
county of Prince Edward. He shall be paid a salary to be fixed by said
dispensary board, not excceding the sum of fifty dollars per month. It
will be the duty of the manager to keep a register on which shall be kept
a record of the quantity sold, price paid, and date of sale.

4. The manager of the dispensary shall at all times keep under the
supervision of the dispensary board a stock of spirituous, vinous, and
malt liquors in such quantities as the dispensary board shall direct, and
all bills incurred for the establishment and maintenance of the dispensary
and the purchase of stock from time to time shal] be paid by the treas-
urer of the county of Prince Edward out of moneys in his hands to the
credit of said dispensary upon presentation of such bills approved in
writing by the chairman of the dispensary board, and said manager shail
sell only for cash, and shall turn over all moneys received by him to the
treasurer of Prince Edward county once a weck, and the said treasure?
shall keep a separate account of the moneys so received and paid out bv
him, and he shall receive as compensation for receiving and paying out
said money one per centum upon receipts.

5. The said dispensary board shall from time to time make rules and
regulations for the operation of said dispensary; but in no event shail
wines and liquors be sold to any person known to be an habitual drunk-
ard, to minors, or to persons intoxicated, except upon the prescription
of a regularly licensed physician. .

The dispensary shall not be opened before sunrise, and shall be closed
at sunset each day, and shall be closed on Sundays, election days, and
under the same circumstances as make the sale of liquors unlawful under
the laws of this State.- The room in which said business shall be con-
ducted shall front on some public thoroughfare, and shall have no other
means of ingress or egress except the front door thereof.

6. The price at which spirituous, vinous, and malt liquors shall be sold
shall be fixed by the dispensary board, provided that the same shall not
be sokd for a profit exceeding eighty per centum above the actual costs
thereof.

Y%. The manager of said dispensary shall sell to no person or persons
any spirituous, vinous, or malt liquors, except in sealed packages, and
whenever any original package is broken, it shall at once be bottled and
sealed and the price labeled thereon. The said board shall appoint some
reliable person to assist said manager whenever it shall become necessary
to break any original package and bottle and seal the same, the duty of
which person it shall be to see that all of such original packages are bot-
tled in such size packages as may be suggested by the said manager, and
securely corked and sealed, and the price labeled thereon. The said man-
ager shall at no time keep, or allow to be kept, any broken or unsealed
packages of liquor in said dispensary, either for his own use for the use
of any other person or persons. The amount of liquor sold in said sealed.
packages in said dispensary shall in no case be less than one-half a pint
nor more than four gallons, and it shall be unlawful for the said man-
' ager or any other person to open any such package or bottle, or to drink
any liquor of any kind within such distance from the entrance to the dis-
pensary as the said board may prescribe. Said manager shall make a
monthly report to the dispensary board, showing the amount of pur-
chases and sales for the preceding month, and the stock on hand on the
last day of the month.

8. Said dispensary board may cause an inspection and analysis to be
made of the stock on hand from time to time by a competent chemist,
and no spirituous, vinous, or malt liquors shall be sold in said dispensary
that are not known on the market as pure and unadulterated, and the board
may have the liquors purchased analyzed from time to time to ascertain if
they are pure as represented. If any liquors are condemned by the chemist
making the analysis as impure and unwholesome, such liquors shall not
be sold at said dispensary, and the same shall be returned to the persons
from whom purchased, and payment for same refused.

9. No liquors shall be sold in said dispensary to persons purchasing
for the purpose of selling again, and said dispensary board is required to
make such rules and require the manager to make such investigation as
will, so far as practicable, prevent persons from so purchasing; and if the
said board becomes satisfied that any person or persons have purchased,
or are purchasing, liquor from said dispensary for the purpose of selling
again, they shall direct the manager as to the quantity to be sold to such
person or persons, which shall be such an amount as will probably pre-
vent a re-sale, and in case such board becomes satisfied that any person or
persons are directly or indircetly purchasing repeatedly for the purpose
of re-selling, then the dispensary board is authorized to direct the man-
aver not to sell to such person or persons except upon the certificate of a
reputable physician that such liquors are needed for medical purposes.
The said dispensary board shall have power to employ attorneys, agents,
or detectives to assist and aid in the detection and prosecution of any vio-
lation of this act; may borrow money necessary to conduct said dispen-
sary, and shall have the power to do all other proper things not contrary
to law in order to carry out the true intent of this act.

10, Any debt incurred by said dispensary board shall be upon the
credit of said dispensary alone.

11. The manager of said dispensary shall not allow any person or per-
sons to loiter in or about the said dispensary, and any person who is vio-
lating this provision and refuses to leave at the request of the manager
shall be punished, upon conviction, in a justice court as a misdemeanor,
and shall be fined not exceeding five dollars.

12. The dispensary board shall make and publish an annual report
showing in detail the amount of money expended in the purchase of
liquors, the amount of money realized from the sale of liquors, the
itemized expense of said dispensary, salary paid manager, dispensary
hoard, and all other moneys expended on account of said dispensary, and
money received on account thereof.

13. The net profits accruing from said dispensary under this act shal
be disposed of in the following manner: One-eighth to the State of Vir-
ginia, three-eighths to the district public school fund, and four-eighths to
a road fund for Leigh magisterial district, to build and keep in repair
the public roads in said district. Such distribution shall be made when
ordered by the dispensary board, and at least once a year.

14. Any person or persons who shall, directly or indirectly, keep or
maintain by himself, or by associating or combining with others, or who
shall in any manner aid, assist, or abet in keeping or maintaining any
club-room or other place in which intoxicating liquors are received or
kept for sale, or distribution or division among members of any club or
association, shall be guilty of misdemeanor, and punished by a fine of not
less than one hundred dollars nor more than one thousand dollars, or by
confinement in jail of not less than one month nor more than ‘twelve
months, or both.

15. All laws or parts of laws in conflict with this act are hereby re-
pealed, so far as they relate to Leigh magisterial district, in Prince Ed-
ward county, Virginia.

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