An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1904 |
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Law Number | 17 |
Subjects |
Law Body
Chap. 17.—An ACT to amend and re-enact sections 4016 and 4018 of the Code of
Virginia, as amended and re-enacted by an act approved January 2, 1904, which
is chapter 553 of the acts of the special session of 1903-1904, cuncerning the
trial of criminal cases and juries therefor.
Approved February 10, 1904.
1. Be it enacted by the general assembly of Virginia, That sections
four thousand and sixteen and four thousand and eighteen of the Code
of Virginia, as amended and re-enacted by an act approved January
second, nineteen hundred and four, be amended and re-enacted so as to
read as follows:
§ 4016. Criminal offenses committed in counties and in cities not hav-
ing corporation courts to be tried in circuit courts; when and by whom
venire facias issued in case of felony.—The circuit courts, except where
otherwise provided, shall have exclusive original jurisdiction for the trial
of all presentments, indictments, and informations for offences com-
mitted within the counties, and within the cities which may not have cor-
poration courts, of their respective circuits, and also of all presentments,
indictments, and informations pending in the county court on the first
day of February, nineteen hundred and four.
The-clerk of the court in which the trial of a case of felony is to be
had shall, as soon as may be, issue a writ of venire facias, directed to the
officer of the said court, requiring him to summon jurors for such trial
from a list to be furnished him as provided in section four thousand and
eighteen. When an indictment is found against a person for felony, the
ceiving money on deposit, or in lending or advancing money, or in ne-
gotiating loans on notes, bonds, furniture, or any class of security or se-
curities, or in discounting, buying, or selling negotiable or other paper
or credits, commonly known as street brokers, whether at an office kept
for the purpose or elsewhere, shall be deemed to be a private banker.
Any person or firm violating the provisions of this section shall pay a
fine of not less than one hundred dollars nor more than five thousand
dollars for each offence.
Incense to private bankers.
§ 78. A private banker shall pay fifty dollars on a capital of five thou-
sand dollars or under; one hundred dollars on a capital exceeding five
thousand dollars and not exceeding ten thousand dollars; one hundred
and fifty dollars on a capital from ten to twenty thousand dollars; two
hundred and fifty dollars.on a capital of over twenty thousand dollars
and not exceeding thirty thousand dollars, and an additional sum of five
“onars per thousand on every thousand dollars in excess of thirty thou-
sand.
: Pawnbrokers.
§ 79. No person. shall, without a license, act as a pawnbroker. Any
person who shall in any manner lend or advance money or other things
for profit on the pledge and possession of personal property, or other
valuable things other than securities or written or printed evidences of
indebtedness, or who deals in the purchasing of personal property or
other valuable thing on condition of selling the same back to the seller
at a stipulated price, shall be held to be a pawnbroker. Any person act-
ing as pawnbroker without a license shall pay a fine of not less than fifty
dollars nor more than five hundred dollars for each offence.
The hustings or corporation court of any city and the circuit or county
court of any county, may from time to time grant a license to any citi-
zen, of the United States, who shall produce satisfactory evidence of his
good character, to exercise or carry on the business of a pawnbroker in
his city or county, which license shall designate the building in which
said person shall carry on said business; and no person shall exercise or
carry on the business of a pawnbroker without being duly licensed by
the hustings or corporation court of the city, or the circuit or county
court of the county in which he may desire to carry on said business,
nor in any other building other than the one designated in said license,
except by consent of the court which granted the license, under the pen-
alty of fifty dollars for each day he shall exercise or carry on said busi-
ness without such license, or in any other building than the one so desig-
nated.
Every person so licensed shall, at the time of receiving such license
and before the same shall be operative, enter, with two sufficient sureties,
into a joint and several recognizance to the Commonwealth of Virginia
in the penal sum of twenty-five hundred dollars, conditioned for the due
observance of all acts of the general assembly of Virginia which may be
in. force respecting pawnbrokers at any time during the continuance of
such license. If any person shall be aggrieved by the misconduct of any
such licensed pawnbroker and shall recover judgment against him there-
for, such person may, after the return unsatisfied, either in whole or
part, of any execution issued upon said judgment, maintain an action in
his own name upon the bond of said pawnbroker in any court having ju-
risdiction of the amount claimed: provided, such court shall, upon ap-
plication made for the purpose, grant such leave to prosecute.
Every pawnbroker shall keep a book, in which shall be fairly written
at the time of each loan an accurate account and description of the goods,
article, or thing pawned or pledged, the amount of money: loaned thereon
at the time of pledging the same, the rate of interest to be paid on such
Joan, and the name and residence of the person pawning or pledging
the said goods, article, or thing, together with a particular description of
such person, including complexion, color of eyes and hair, and his or her
height and general appearence.
Every pawnbroker shall at the time of each loan deliver to the person
pawning or pledging any goods, article, or thing, a memorandum or note,
signed by him or her, containing the substance of the entry required to
be made in his or her book by the last preceding section, except as to the
description of the person, and no charge shall be made or received by any
pawnbroker for any such entry, memorandum or note.
_ Said book shall at all reasonable times be open to the inspection of the
judges of the criminal courts, the chief of police, and captains and ser-
geants of the police of the city, town, or county wherein said business is
being conducted, or amy or either of them, sergeant and sheriff of such
city, town, or county, or other officer with police jurisdiction.
No pawnbroker shall sell any pawn or pledge until the same shall have
remained four months in his or her possession, unless by consent in writ-
ing of the pawner, and all such sales shall be made at public auction and
not otherwise, and shall be made or conducted by such auctioneers as
shall be designated and approved of for that purpose by the court grant-
ing the license.
Notice of every such sale shall be published for at least five days pre-
vious thereto, in one or more of the daily newspapers of general circula-
tion printed in such city. Those doing business in any county shall ad-
vertise as above in some newspaper, if any published in said county, and
if no newspaper be published in such county, then in some newspaper
published in an adjoining county, and such notice shall specify the time
and place at which such sale is to take place, the name of the auctioneer
by whom the same is to be conducted, and a description of the articles to
be sold.
The surplus money, if any, arising from any such sale, after deducting
the amount of the loan, the interest then due on the same, and the ex-
penses of the advertisement and sale, shall be paid over by the pawn-
broker to the person who would be entitled to redeem the pledge in case
no such sale had taken place.
Any licensed pawnbroker who shall violate or neglect or refuse to com-
ply with any or either of the provisions of this act, except those contained
in section one, shall for every such offence, upon conviction before a court
of competent jurisdiction, pay a fine of not more than one hundred dol-
lars.
No pawnbroker shall ask, demand, or receive a greater rate of interest
than ten per centum per month on a loan of twenty-five dollars or less,
or five per centum per month on a loan of over twenty-five dollars and
less than one hundred dollars, or three per centum per month on a loan
of one hundred dollars or more, secured by pledge of tangible personal
property. And no loan shall be divided for the purpose of increasing
the percentage to be paid the pawnbroker.
Police Regulations.—Every pawnbroker shall keep at his place of busi-
ness a book or books, in which shall be fairly written in English, at the
time of each loan or transaction in the course of his business an accurate
account of such loan or transaction, setting forth a description of the
goods, article, or thing pawned, or received on account of money loaned
thereon; the time of receiving the same; the name and residence of the
person pawning, or delivering the same; the terms and conditions of
loan, including the period for which any such loan may be made, and all
other facts and circumstances respecting such loan, which said book or
books shall at all times be subject to the inspection of the officers before
mentioned.
No property of any kind received on deposit, or pledge by any pawn-
broker, shall be disfigured or its identity destroyed or affected in any
manner whatsoever, so long as it continues m pawn or in the possession
of such pawnbroker, nor shall such property be in any manner concealed
for the space of forty-eight hours after the same shall have been received
by such pawnbroker.
It shall be the duty of every pawnbroker and of every person in the
employ of such pawnbroker to admit to his premises at any time any offi-
cer mentioned in this act to examine any pledge or pawn, book, or other
record on the premises, as well as the articles pledged, and to search for
and take into possession any article known by him to be missing, or
known or believed by him to have been stolen, without the formality of
the writ of search warrant or any other process, which search or seizure
is hereby authorized. ,
The following regulation is hereby made for storing or taking care to
prevent injury during disuse on blankets, clothing, carpets, furs, rugs,
dress goods, cloths, mirrors, oil paintings, glass and china ware, pianos,
organs, curtains, beddings, and upholstered furniture. Pawnbrokers
shall be allowed to charge two per centum per month in addition to the
regular charges for the first three months, or part thereof while such
goods shall remain as pledge for money advanced.
Every pawnbroker shall be liable to all the penalties hereinafter pro-
vided for violation of any of the provisions of this article, whether such
violations be committed by himself or by his agent, clerk, or employee.
Every person who shall be convicted of violating any of the provisions
of this section shall, for the first offence, forfeit and pay a penalty, ex-
cept in cases where a different penalty is herein provided, not exceeding
twenty-five dollars, and for a subsequent offence shall pay such penalty
as the court may impose, and shall, in the discretion of the court, forfeit
his license.
Pawnbrokers’ license.
§ 80. A pawnbroker shall pay for the privilege of transacting business
two hundred and fifty dollars.
Incense for a broker who recewes or distributes provisions and merchan-
dise, including flour, hay, or grawn.
§ 81. Every person, firm, or corporation, doing business in this State,
who receives or distributes provisions and merchandise, including flour,
hay, or grain, shipped into the State for distribution on account of the
shipper, and who participates in the profits ensuing from or accruing out
of the sales of such provisions and merchandise, including flour, hay, or
grain, and who invoices such sales and collects the money therefor, shall
be deemed to be a broker who receives or distributes provisions and mer-
chandise, including flour, hay, or grain, and shall pay a license tax of
one hundred dollars.
Every person, firm, or corporation, who conducts such business without
a license, shall pay a fine of mot less than one hundred dollars nor more
than two hundred and fifty dollars.
Incense on a building and loan association or company.
§ 82. No building and loan association or company, incorporated
under the laws of this or any other State, shall, without a license, con-
duct any business, or solicit the sale of stock, or offer to lend money in
this State; nor shall any person act as an agent of any such association
or company unless the association or company he represents has a license.
The specific license tax upon every building and loan association or
company for the privilege of doing business in this State shall be sev-
enty-five dollars: provided, the capital of such association or company
actually paid in, whether from paid-up stock or partially paid stock, is
not over twenty-five thousand dollars; if the capital paid in is over
twenty-five thousand dollars and not more than fifty thousand dollars,
the tax shall be one hundred and ten dollars; if the capital paid in is
over fifty thousand dollars and not more than one hundred thousand
dollars, the tax shall be one hundred and fifty dollars; if the capital paid
in is over one hundred thousand dollars and not more than one hundred
and fifty thousand dollars, the tax shall be one hundred and eighty-five
dollars; if the capital paid in is over one hundred and fifty thousand
dollars and not more than two hundred thousand dollars, the tax shall be
two hundred and twenty-five dollars; if the capital paid in is over two
hundred thousand dollars and not more than three hundred and fifty
thousand dollars, the tax shall be two hundred and sixty-five dollars; if
the capital paid in is over three hundred and fifty thousand dollars and
not more than four hundred thousand dollars, the tax shall be three hun-
dred and seventy-five dollars; and on capital paid in exceeding four hun-
dred thousand dollars, the tax shall be three hundred and seventy-five
dollars, and the additional sum of fifty cents for each thousand dollars
of such excess: provided, that a non-resident building and loan associa-
tion or company doing business in this State, which has otherwise com-
plied with the laws of Virginia, shall pay the license tax herein imposed,
based upon its capital invested in this State.
A building and loan association, or company which does business on a
purely mutual plan, and confines its business solely to the city or county
where it is organized, shall pay a license tax of fifty dollars.
It shall be the duty of each association or company, on the first day of
April of each year, or within ten days thereafter, to make a report in writ-
ing of its capital paid in, if the association or company be incorporated
under the laws of this State, or of its capital invested in this State, if it
be a non-resident association or company, under oath of its chief officer
or agent, to the commissioner of the revenue for the district in which its
principal office or agency in this State is situated.
Any building and loan association or company, or the agents of any
such association or company, which does business in this State without
paying the license tax herein imposed, shall pay a fine of not less than
fifty dollars nor more than five hundred dollars.
The shares of stock issued by any building and loan association or com-
pany, which has paid the license tax herein imposed, shall not be tax-
able in the hands of the holder, nor shall any additional State tax be
imposed on the paid-in capital of such association or company.
No city or town shall levy a greater license tax on the paid-in capital
of any such association or company than that imposed herein for State
purposes, and such city or town license tax shall be levied only where the
principal office of such association or company is located in this State.
Insurance Brokers.
§ 83. No person shall, without a license, act as insurance broker.
Every person who shall solicit for compensation, directly or indirectly,
to be derived therefrom any fire, marine, life, or.other insurance, either
on account of any person desiring to effect any such insurance, or on ac-
count of any insurance company, except the duly authorized agent (or a
clerk actually employed in his office) of any insurance company licensed
to do business in this State, shall be deemed an insurance broker. Any
insurance agent (or a clerk actually employed in his office) who shall
solicit, directly or indirectly, any fire, marine, life, or other insurance,
either on account of any person desiring to effect any such insurance, or
on account of any insurance company licensed to do business in this
State, other than for the insurance company or companies for which he
is the duly authorized agent, shall be deemed an insurance broker. Any
person acting as insurance broker without a license shall pay a fine of
not less than fifty dollars nor more than five hundred dollars for each
offence. And any person or firm who shall fill up, sign, or deliver a policy
or certificate of insurance for a corporation or association or persons not
licensed to do an insurance business in this State by a legally authorized
agent, shall be considered an agent of such corporation, or person, or as-
sociation, and such person, corporation, or association shall be liable for
all licenses, taxes, and penalties as if represented by a legally appointed
agent. No person licensed as an insurance broker shall be authorized
under his license to place any insurance in a company or association, or
with a firm or person not licensed to do an insurance business in this
State.
Incenses—Insurance brokers.
§ 84. An insurance broker shall pay the sum of one hundred dollars
for the privilege of transacting such business.
Mercantile agencies.
§ 85. Any person, firm, or corporation engaged in reporting the finan-
cial standing of merchants and others as a regular business for compen-
sation shall be deemed a mercantile agency. Any person engaged in such
business without a State license to transact such business, shall pay a
fine of not less than five hundred, and not more than one thousand dol-
lars: provided, that this section shall not apply to employees of mercan-
tile agencies who only report to such agencies, nor to regularly licensed
attorneys at law.
Incense of mercantile agencies.
§ 86. A mercantile agency shall pay for the privilege of transacting
such business the sum of two hundred and fifty dollars. This section
shall be construed to levy only one State license tax upon each such mer-
cantile agency, which license tax of two hundred and fifty dollars shall
be paid annually direct to the auditor of public accounts. ,
" Undertakers.
§87. Any person, firm, or corporation engaged in the business of bury-
ing the dead shall be deemed an undertaker. Any person, firm, or cor-
poration engaged in such business without a license, shall pay a fine of
not less than ten nor more than twenty-five dollars.
Undertakers’ license.
§ 88. An undertaker shall pay for the privilege of transacting such
business the sum of twenty-five dollars ; except, in towns and counties the
license tax shall be five dollars.
Barbers, etc.
§ 89. Any person, firm, or corporation doing business as a barber or
supplying baths, for compensation, shall be deemed a barber or pro-
prietor of a bath-house, and shall on the first day of May in each year
procure a license from the commissioner of revenue for the city or dis-
trict in which it is proposed to conduct such business, which license shall
be upon the following basis: For each barber’s chair in excess of one, the
sum of fifty cents; for one bath-tub, one dollar, and for each additional
bath-tub, the sum of fifty cents. Any person, firm, or corporation fail-
ing to comply with the provisions of this section shall be fined not less
than two dollars, and not more than ten dollars for each offence.
yd
Contractors.
§ 90. Any person, firm, or corporation accepting orders or contracts
for doing any work on or in any building or structure requiring the use
of paint, stone, brick, mortar, cement, wood, structural iron or steel,
sheet-iron, galvanized iron, metallic piping, tin, lead, electric wiring,
or other metal, or any other building material; or who shall accept con-
tracts to do any paving or curbing on sidewalks or streets, public or pri-
vate property, using asphalt, brick, stone, cement, wood, or any com-
position ; or who shall accept an order for or contract to excavate earth,
rock, or other material for foundations or any other purpose ; or who shall
accept an order or contract to construct any sewer of stone, brick, terra-
cotta, or other material, shall be deemed a contractor. Every contractor
shall on the first day of May in each year procure from the commissioner
of the revenue for the city or district in which he has his office a license
to carry on the business of a contractor: provided, that if such contractor
has no office in this State, then he shall procure such license from the
commissioner of the revenue for the city, county, or district where he
conducts his business. Any person, firm, or corporation doing such
business without a license shall pay a fine of not less than thirty dollars
nor more than one hundred dollars, for each offence: provided, that no
further license shall be required by the State for conducting said busi-
ness in any part thereof; and provided, further, that this section shall not
apply to contractors, the gross amount of whose orders accepted and exc-
cuted, does not exceed five thousand dollars per annum.
Iacenses to contractors,
$91. Every such contractor, for the privilege of transacting business
in this State, shall pay a license to be ascertained in the following man-
ner: .
If the gross amount of all orders or contracts accepted aggregate five
thousand dollars, he shall pay the sum of five dollars; if the amount of
such orders or contracts are more than five thousand dollars, and do not
exceed ten thousand dollars, ten dollars; if the amount of such orders or
contracts exceed ten thousand and do not exceed twenty thousand dol-
lars, fifteen dollars; if the amount of such orders or contracts exceed
twenty thousand and do not exceed fifty thousand dollars, twenty dol-
lars; if the amount of such orders or contracts exceed fifty thousand and
do not exceed one hundred thousand dollars, fifty dollars; if the amount
of such orders or contracts exceed one hundred thousand, and do not
exceed one hundred and fifty thousand dollars, one hundred dollars; and
if the amount of such orders or contracts exceed one hundred and fifty
thousand dollars, one hundred and fifty dollars; and when any such con-
tractor shall have obtained a license for any year for which he has paid
a license tax of less than the maximum above prescribed, he shall not
accept any contract or contracts during such year the aggregate amount
of which exceeds the maximum amount for which his license was ob-
tained, unless and until he shall have paid such additional’sum as will
make the total license tax paid by him for that year sufficient to cover
the aggregate amount of such contract or contracts as prescribed above ;
and unless he pay such additional sum he shall be deemed to be acting
without a license.
Architects.
§ 92. Any person or firm who shall, for compensation, draw or furnish
plans for the construction of any building or other structure, shall be
deemed an architect, and shall pay a license tax of twenty-five dollars a
year for the privilege of conducting such business; the said license to be
procured from the commissioner of the revenue of the city or district in
which said architect has his or their office, on the first day of May of each
year: provided, that the tax upon an architect or architects whose income,
from such business, has been less than five hundred dollars for the pre-
ceding year, shall be ten dollars; and provided, further, that no further
license shall be required by the State for doing business in-any part
thereof. Any person or firm violating the provisions of this section shall
be fined mot less than ten dollars nor more than thirty dollars for each
offence.
Houses of private entertainment, &c.
§ 93. No person shall, without a license authorized by law, keep a
house of private entertainment, or eating-house.
What constitutes a house of private entertainment,
S94. Any person who shall furnish for compensation, lodging, or diet
to travelers, or sojourners, or provender for horse feeding in his stable,
or on his land, except a drove of live stock and persons attending the
same, shall be deemed to keep a house of private entertainment, unless
it be an ordinary keeper. A license to keep a house of private enter-
tainment shall not be construed to authorize the sale of wine, spirituous,
or malt liquors, or a mixture of them on the premises or within the cur-
tilage of such private entertainment, nor shall any license be granted
to sell, by retail or to be drunk where sold, any wine, spirituous or malt
liquors upon the premises or within the curtilage of any licensed private
entertainment. Any person who shall keep a house of private enter-
tainment without a license shall pay a fine of not less than thirty dollars
nor more than one hundred dollars for each day he may keep the same.
Incense to keep a house of private entertainment,
§ 95. Every person who keeps a house of private entertainment shall
pay five dollars and an additional sum equal to five per centum of the
actual annual rent or rental value of the house and furniture. The com-
missioner of the revenue shall determine such rent or rental value, and
may require the proprietor or tenant to state on oath what is the actual
rent, or what would be a fair rent for the house and furniture, and if he
refuse to state the same, he shall pay a fine of five hundred dollars.
What constitutes an eating-house,
§ 96. Any person who shall cook or otherwise furnish, for compensa-
tion, diet, or refreshments of any kinds, for casual visitors at his house,
for consumption therein, and who is not the keeper of an ordinary, house
of private entertainment, or boarding-house, shall be deemed to keep an
eating-house, but the refreshments herein named shall not consist of
wines, spirituous, or malt liquors, or a mixture of any of them. Any
person who shall keep an eating-house without a license shall pay a fine
of not less than thirty dollars, nor more than one hundred dollars, for
each day he may keep the same.
Incense to keep an eating-house.
§ 97. Every person who shall keep an eating-house shall pay for the
privilege twenty-five dollars, and where the annual rent or rental value
of the house and furniture is not less than one hundred dollars nor more
than one thousand dollars he shall pay an additional sum equal to eight
per centum of such rent or rental value; and where such annual rent or
rental value exceeds one thousand dollars he shall pay an additional sum
equal to five per centum of such rent or rental value. The commissioner
of the revenue shall determine such rent or rental value, and may require
the proprietor or tenant to state on oath what is the actual rent or what
would be a fair rent for the house and furniture, and if he refuses to
state the same, he shall pay a fine of five hundred dollars.
- What constitutes a bowling saloon.
§ 98. Any person who shall keep a saloon for the reception of company
to play at bowls shall be deemed to keep a bowling saloon. Any person
who shall keep a bowling saloon without a license shall pay a fine of not
less than fifty dollars nor more than one hundred dollars for each day he
may keep the same.
§ 99. Every person who shall keep a bowling saloon shall pay for the
privilege the sum of twenty-five dollars, and an additional sum of ten
dollars for each alley exceeding one. If the license be for a bowling sa-
loon at a watering place, and if for four months or less, the sum to be
paid shall be twelve dollars and fifty cents, and an additional sum of five
dollars for each alley exceeding one.
What constitutes a billvard-room.
§ 100. Any person who shall keep a saloon wherein there is a table at
which billiards or pool are played shall be deemed to keep a billiard sa-
loon, and if any sum is imposed upon the tables kept therein the same
shall be on every table in excess of one capable of being used for the pur-
pose, and kept therein, whether used or not. Any person who shall keep
a billiard saloon without a license shall pay a fine of not less than fifty
dollars nor more than one hundred dollars for each day he may continue
to keep the same.
Incense to billiard saloons.
§ 101. Every person who shall keep a billiard saloon shaljl pay for the
privilege the sum of fifty dollars, and the sum of twenty-five dollars for
each table over one kept, or to be kept, therein. If the license be for a
billiard saloon at a watering place, and is for four months or less, the
sum to be paid shall be twenty-five dollars, and the sum of twelve dollars
and fifty cents for each table over one kept, or to be kept, thereat. In
towns of less than one thousand inhabitants the tax on the first table
shall be twenty-five dollars.
What constitutes a bagatelle saloon.
§ 102. Any person who shall keep a saloon or other public room
wherein is a table at which to play at bagatelle, whether charge for the
use thereof is made or not, shall be deemed to keep a bagatelle saloon..
Any person who shall keep a bagatelle saloon without a license shall pay
a fine of not less than fifty dollars nor more than one hundred dollars for
each day he may continue to keep the same.
Incense to a bagatelle saloon,
§ 103. Every person who shall keep a bagatelle saloon shall pay for the
privilege the sum of ten dollars, and an additional sum of five dollars for
each table over one kept, or to be kept, therein. ~
§ 104. Nothing herein shall be construed to exempt the furniture in
houses mentioned in this schedule from being taxed as property.
§ 105. No person shall, without a license authorized by law, exhibit
for compensation any theatrical performance, or any performance simi-
lar thereto, panorama, or any public performance or exhibition of any
kind, lectures, literary readings, and performances, except for benevo-
lent or charitable or educational purposes. Whenever a theatrical per-
formance shall be licensed, the actors acting thereat under said license
shall be exempt from a license tax; but unless the performance shall be
so licensed, each person engaged therein shall be liable to the penalty for
the violation of this section. Every license shall be for each perform-
ance; but a license for a theatrical performance or panorama may, if
the person applying for the same desire it, be for the term of one week.
For any violation of this section every person so offending shall pay a
fine of not less than fifty dollars nor more than five hundred dollars for
each offence.
Lncenses to theatres, public performances, exhibitions, &c.
§ 106. On every theatrical performance, or any performance, similar
thereto, panorama, or any public performance or exhibition of any kind,
except for benevolent or charitable or educational purposes, there shall
be paid three dollars for each performance, or ten dollars for each week
of such performance: provided, that in towns of less than four thousand
inhabitants there shall be paid one dollar and fifty cents for each per-
formance, or five dollars for each week of such performance, but nothing
herein shall be construed as taxing games of foot-ball or baseball.
Shows, circuses, and menagerves.
§ 107. No person shall, without a license authorized by law, exhibit
any show, circus, performance, or any menagerie, or such like exhibition
or performance; but this section shall not be construed to prohibit a resi-
dent mechanic or artist from exhibiting any production of his own art
or invention without compensation. Whenever such show, exhibition,
or performance, circus, or menagerie, shall be licensed, those engaged
therein and operating under the license shall be exempt from a license
tax for performing or acting thereat.
§ 108. Every show, exhibition, or performance, such as is prescribed
in the next preceding section, whether under the same canvas or not,
shall be construed to require a separate license therefor, whether exhi-
bited for compensation or not; and upon any such show, exhibition, or
performance being concluded, so that an additional fee for admission
be charged in lieu of a check authorizing the holder to re-enter without
charge, it shall be construed to require.an additional license for any fur-
ther or other show, exhibition, or performance. For every violation of
this section, the persons so offending shall pay a fine of not less than
fifty dollars nor more than one hundred dollars for each offence.
§ 109. Every person who shall exhibit any show, circus, or menagerie
in a town of one thousand inhabitants or less, or in a county, not within
five miles of a city or town having over one thousand inhabitants, shall
pay for each day’s exhibition thereof twenty dollars. The specific amount
to be paid on each performance of every show, on each performance of
every circus, and on the exhibition of a menagerie, shall be fifty dollars,
if in a city or town having more than one thousand and not over ten
thousand inhabitants, or within five miles thereof; if in a city, or within
five miles of a city of more than ten thousand inhabitants, one hundred
dollars. And in addition to the specific sum aforesaid there shall be paid
an amount equal to five per centum of the gross receipts derived from
such show, circus, or menagerie, the said gross receipts shall be deter-
mined by the commissioner of the revenue, who shall at all times be ad-
mitted free of charge to every such performance for the purpose of as-
certaining the amount of said gross receipts, and he shall also require
the person to whom the license is issued, to state under oath the amount
of said gross receipts of every such performance, and so forth, and any
person swearing falsely to such statement, shall pay a fine of one thou-
sand dollars.
Hobby-horse machines, merry-go-rounds, and other like machines,
§ 110. No person shall, without a license authorized by law, exhibit
and operate any machine known as a hobby-horse machine, merrvy-go-
round, or other like machine, whether the same is propelled by hand,
horse, steam, electric, or other power.
Incenses to hobby-horse machines, merry-go-rounds, and other like ma-
chines.
§ 111. Every person who operates a hobby-horse machine, merry-go-
round, or other like machine, on which persons are charged for riding,
shall pay ten dollars for each county or city in which such machine is
operated. Any person operating any such machine, without first having
paid the specific amount therefor, shall pay a fine of not less than twenty
dollars nor more than fifty dollars for each offence.
Incenses to public rooms.
§ 112. Every proprietor or occupier of a public theatre, or other room
or rooms fitted for public exhibitions for the use of which a charge is
made shall pay twenty dollars for the privilege; except in a county or
town of less than two thousand inhabitants: provided, that every person
who shall establish, keep, or exhibit for profit a skating rink shall pay
for the privilege of keeping or exhibiting such skating rink as follows:
First. When such rink is kept or exhibited in a city of more than ten
thousand inhabitants, he shall pay the sum: of ten dollars per quarter.
Second. When such rink is kept or exhibited in a city or town of not
more than ten nor less than two thousand inhabitants, he shall pay the
sum of seven dollars and fifty cents per quarter.
Third. When such rink is kept or exhibited anywhere else than in the
towns and cities above mentioned, he shall pay the sum of five dollars
per quarter.
Public rooms.
§ 113. No person shall, without a license authorized by law, charge for
the use of any house or room therein in a city or town, or in any manner
receive: compensation for the use of the same, while used or employed to
exhibit therein any theatrical performance, lecture, concert, or any other
exhibition. Whenever such charge is made, or compensation is demanded
or received for the use of such house, or any public room or rooms, fitted
for the purpose, a license shall be obtained; but no license shall be re-
quired of the proprietor or occupier of such house or public room or
rooms in a town containing less than two thousand inhabitants. No li-
cense to use such house for such exhibitions or performance shall be con-
strued to exempt the house from taxation as property or to allow the use
of such hall as a skating rink without paying an additional license. For
any violation of this section the person so offending shall pay a fine of
not less than fifty dollars nor more than one hundred dollars for each
offence.
Attorneys, physicians, and dentists.
§ 114. No person shall, without a license authorized by law, practice
as attorney at law, physician, surgeon, dentist, or the art of healing bodily
or mental infirmities without physic or surgery; and no person who shall
hereafter apply for license to practice as a physician, or surgeon, or den-
tist, shall have such license granted to him unless at the time of such
application he shall exhibit to the commissioner of the revenue to whom
such application is made a certificate from the president of the State
board of medical examiners, or from the president of the State board of
dental examiners, that such person has passed a satisfactory examination
before said board, or a special permit from the president of either of
said boards, or shall file with him an affidavit that such applicant for a
license to practice medicine or surgery, commenced the practice of medi-
cine or surgery in this State prior to the first day of January, eighteen
hundred and eighty-five, which affidavit shall be subscribed and sworn to
by such applicant. Any person who shall make a false oath in such affi-
davit shall be deemed guilty of perjury and liable to all the prescribed
penalties therefor: provided, that persons who held license to practice
dentistry in this Commonwealth on the twenty-eighth day of January,
eighteen hundred and ninety, and have complied with the requirements
of section one thousand seven hundred and seventy-four, shall not be re-
quired to have a certificate from the president of the board of dental ex-
aminers when he applies for a license; and, provided, further, that noth-
ing contained in this section shall prevent any authorized physician or
surgeon, or other person, from extracting teeth for any one suffering
from toothache. !
An attorney at law; where he may practice.
§ 115. Every attorney at law, in addition to being licensed, sworn, and
admitted to prosecute or defend actions or other proceedings in the courts
of this Commonwealth, on the retainer of clients, shall obtain a revenue
license; and no person shall act as attorney at law or practice law in the
courts of this Commonwealth without a separate revenue license. A
revenue license to practice law in any county or corporation shall autho-
rize such attorney to practice in all the courts of this State without ad-
ditional license. Any person violating the provisions of this section shall
pay a fine of not less than fifty dollars nor more than one hundred dollars
for each offence.
Incenses to attorneys at law.
§ 116. Every attorney at law who has been licensed for less than five
years shall pay fifteen dollars; and on attorneys who have been licensed
and practiced for five years and more, twenty-five dollars: provided, that
no attorney at law shall be required to pay more than fifteen dollars
whose receipts are less than five hundred dollars per annum.
Physicians, surgeons, and dentists.
§ 117. No person shall practice as a physician, surgeon, or dentist for
compensation, without a license; but a license to practice either medi-
cine or surgery shall confer the privilege of practicing both of said pro-
fessions; and a license granted to practice in any county or corporation
shall authorize such physician, surgeon, or dentist to practice through-
out the Commonwealth. Any person violating any of the provisions of
this section, or who shall practice in either of the professions named
without having first obtained a license therefor, shall pay a fine of not
less than thirty dollars nor more than one hundred dollars for each of-
fence, and shall be debarred from recovering any compensation for such
services by action, suit, motion, or warrant in any of the courts of the
Commonwealth. And any commissioner of the revenue who shall grant
a license to practice as a physician or surgeon to any person who shall
not have complied with the provisions of this section shall be deemed
guilty of a misdemeanor, and shall be subject to a fine of fifty dollars for
each offence.
Ticenses of physicians, surgeons, and dentists,
§ 118. Every physician, surgeon, or dentist who has been licensed for
less than five years shall pay ten dollars; and every physician, surgeon,
or dentist who has been licensed and practiced for five years and more
shall pay fifteen dollars; but in cities or towns of five thousand inhabi-
tants or more the tax on physicians, surgeons, or dentists shall be twenty-
five dollars: provided, that no physician, surgeon, or dentist shall be re-
quired to pay more than ten dollars whose receipts are less than five hun-
dred dollars per annum. Every physician, surgeon, or dentist shall be
licensed by the commissioner of the revenue for the district or city
wherein such physician, surgeon, or dentist has his regular and principal
office. :
Veterinary surgeons.
§ 118 (a). No person shall practice as a veterinary surgeon for com-
pensation without a license.
Any person violating any of the provisions of this section shal] be
guilty of a misdemeanor, and shall, upon conviction, pay a fine of not less
than twenty-five dollars nor more than fifty dollars for each offence.
Every veterinary surgeon shall pay a license tax of ten dollars: pro-
vided, that nothing in this act shall be construed as requiring a license
tax of persons who confine their practice to castration, spaying, or dis-
horning of live stock.
Venders of medicines, salves, linuments, &c.
§ 119. No person shall sell any medicine, salve, liniment, or com-
pound of a like kind, unless he be a licensed merchant, whether he be the
manufacturer thereof or not, without a license. Any person selling any
medicine, salve, liniment, or any compound of a like kind, without having
first obtained a license for such privilege, shall pay a fine of not less than
thirty dollars nor more than one hundred dollars for each offence.
License to venders of medicines, salves, liniments, &c.
§ 120. Every person who shall sell any medicine, salve, liniment, or
compound of the like kind, except a licensed merchant at his regular
place of business, shall pay twenty-five dollars. ,
- Daguerrean and photograph artists and their agents.
~ §121. Any person who engages in fixing images of objects according
to the invention of the daguerrotype or photograph, by whatever name it
may be called or known, shall be deemed to be a daguerrotype artist; and
every person who shall canvass for any daguerrean artist or photographer,
or shall act as the agent for such artist or photographer in transmitting
pictures, daguerrotypes, or photographs to other points for the purpose
of there having them copied or enlarged or colored, shall be deemed a
daguerrean artist’s agent or canvasser; and he shall be deemed a daguer-
rean or photograph canvasser, whether he acts for himself or for another.
And every such artist or agent engaged in the business aforesaid, or as
a canvasser thereof,, shall obtain a license, and it shall be unlawful so to
engage without a license. For every violation of this section the person
offending shall pay a fine of not less than fifty dollars nor more than five
hundred dollars for each offence.
Incenses to daguerrean and photograph artists and agents.
§ 122. Every person who shall engage in the business of a daguerrean
vr photograph artist, or who shall act as a daguerrean or photograph ar-
tist’s agent or canvasser, shall pay for the privilege the sum of ten dol-
lars in a county or in a town of two thousand inhabitants or under; and
if in a city or town of more than two thousand and less than ten thou-
sand inhabitants, he shall pay thirty dollars; and if in a city of more
than ten thousand and less than twenty thousand inhabitants, he shall
pay forty dollars; and if in a city of more than twenty thousand inhabi-
tants, he shall pay fifty dollars; and he shall pay an additional sum of
five dollars for each county or city in which he operates other than that
in which he has his regular place of business.
Stallions and jackasses.
§ 123. No person shall, without a license authorized by law, let to
mares, other than his own, for compensation, any stallion or jackass.
Every license to the owner of a stallion or jackass shall specify the name
of such stallion or jackass, if any name has been given. A license to the
owner of any such stallion or jackass, for any county or corporation,
shall be good for twelve months from its date, and shall authorize the
stallion or jackass to stand in any county or city without an additional
license. Any person violating the provisions of this section shall pay a
fine of not less than thirty dollars nor more than fifty dollars for each
vffence.
Incenses to owners of stallions and jackasses.
§ 124. For letting to mares any stallion or jackass there shall be paid
ten dollars.
Tacense on bulls,
§ 125. Any person owning a bull or bulls in this State may apply to
the commissioner of the revenue of the district or city in which he re-
sides, for a special license for the privilege of letting such bull or bulls
to cows other than his own, which tax shall be for the sum of two and
one-half dollars on each bull so licensed.
Any person so obtaining said license shall have a lien on the get of
such bull so licensed for the period of six months from the date of the
birth of such get for the price agreed upon between him and the owner
of any such cow or cows served by such bull: provided, however, that this
lien shall not hold good as against an innocent purchaser for value and
without notice, except where said lien has been admitted to record, which
may be done in the following form: the owner of the bull giving his
name, the name of the owner or calf, claims a lien on a calf less than
six months old for dollars for the get thereof. On receipt of a
fee of twenty-five cents it shall be the duty of the clerk of the county in
which the calf is calved to place the same on record as other liens of
similar nature.
Agents for renting houses.
§ 126. Any person engaged in renting houses, farms or other real es-
tate for compensation or profit shall be deemed to be an agent for rent-
ing houses, and when licensed as such may engage not only in renting
houses, but in renting any real estate: provided, that administrators,
guardians, executors, and other fiduciaries shall be exempt from the h-
cense herein required. Any person engaged as an agent for renting
houses as aforesaid without a license shall pay a fine of not less than fifty
dollars nor more than one hundred dollars for each offence.
Incenses to agents for renting houses.
§ 127. Every person who shall act as agent for the renting of houses
in cities of over five thousand inhabitants shall pay the sum of thirty
dollars, and in towns of less than five thousand inhabitants, or in any
one county, ten dollars for the privilege of transacting such business.
Labor agents.
§ 128. Any person who hires or contracts with laborers, male or fe-
male, to be employed by persons other than himself, shall be deemed to
be a labor agent; and no person shall engage in such business without
having first obtained a license therefor. Every person who shall without
a license conduct business as a labor agent, shall pay a fine of not less
than one hundred dollars, nor more than five hundred dollars.
Incenses to labor agents.
§ 129. Every person who engages in the business of a labor agent shall
pay twenty-five dollars for the purpose of transacting said business, but
before any such license shall be issued, the applicant shall produce a cer-
tificate from the corporation court of the city, or the circuit court of the
county in which such labor agent proposes to have his office, or of the
county in which he proposes to do business, that to the personal knowl-
edge of the judge of such court or from the information of credible wit-
nesses under oath before such court, the court is satisfied that the appli-
cant is a person of good character and honest demeanor.
§ 130. Every person who operates a laundry shall pay for the privi-
lege of conducting such business; if it be a laundry, operated other than
by hand, in a city, the sum of twenty-five dollars, and in counties and
towns the sum of five dollars, and if it be a hand laundry, the sum of
ten dollars in cities and two dollars and fifty cents in counties and towns.
Any person who shall without a license conduct such business shall be
subject to a fine of not less than ten nor more than fifty dollars. But
nothing in this act shall be construed to impose a license tax upon per-
sons who wash bed-clothing, wearing apparel, and so forth, without laun-
dry machinery, and who do not keep shops or other regular places of
business for laundry purposes.
Storage and wmpounding.
§ 131. No person shall, without a license authorized by law, keep for
compensation any house, yard, or lot for storage or impounding any
produce goods, wares, or merchandise, including wood, coal, lumber,
guano, marl, or any other commodities, or any live stock, or make, de-
mand or receive in any manner compensation for storage or impounding.
Any person who shall demand or receive compensation for storage or im-
pounding as aforesaid, or who shall in any manner violate the provisions
of this section, shall pay a fine of not less than fifty dollars nor more than
five hundred dollars for each offence.
Incenses for storage and impounding.
§ 132. Every person who shall keep for compensation any house, yard,
or lot for storage, or a wagon-yard or other impounding, shall pay a
sum for said privilege, to be graduated as follows: On every house, the
sum of twenty-five dollars, except that in a city or town whose popula-
tion exceeds five thousand, the amount to be paid shall be fifty dollars;
and on every yard, wagon-yard, or lot, ten dollars: provided, that nothing
shall be charged for this privilege when the compensation to the owner
is less than fifty dollars per annum.
Lwery stables.
- §133. Any person who keeps a stable or stalls in which horses are
kept at livery or fed, or at which horses and vehicles are hired for com-
pensation. by the proprietor, shall be deemed to keep a livery stable; and
ao person shall, without a license authorized by law, keep a livery stable;
but this section shall not be construed to prevent the keeper of a licensed
ordinary or house of private entertainment from feeding the horses of
travelers or guests stopping at such ordinary or house of private enter-
tainment. Any person violating the provisions of this section shall pay
a fine of not less than thirty dollars nor more than one hundred dollars
for each offence.
Incenses to lwery stable keepers.
§ 134. Every person who shall keep a livery stable in the country, and
in towns of less than two thousand inhabitants, shall pay the sum of
fifteen dollars, and an additional sum of fifty cents for each additional
stall in excess of twenty-five, and in towns of two thousand inhabitants
and over he shall pay twenty-five dollars, and an additional tax of fifty
cents for each stall therein. And herein shall be included as stalls such
space as may be mecessary for a horse to stand, and in which a horse may
be kept. The license to keep a livery stable by the proprietor of public
watering places and other places of summer resort, or any other person
at such places, for six months or less, shall be one-half of the sums here-
inbefore specified. Livery person, except those hereinafter mentioned for
the privilege of running a single hack, carriage, cab, or other vehicle for
hire, shall pay ten dollars, and for the privilege of running a conveyance
of any kind for the transfer of baggage, freight, furniture, or other ar-
ticles of merchandise, shall pay for each one-horse conveyance the sum
of two dollars and fifty cents, and for each conveyance of two horses or
more the sum of five dollars on each conveyance, except that a license
tax of five dollars and no more shall be imposed on persons running
such conveyances solely in the country and in towns of less than one
thousand inhabitants, and so forth, shall pay the sum of five dollars on
each conveyance. Every person who shall keep a feed stable for boarding
horses for compensation, shall pay for such privilege five dollars in the
country and in a town of less than two thousand inhabitants; and in a
town or city of two thousand or over two thousand inhabitants, ten dol-
lars.
Incenses to persons selling or offering to sell sewing machines and acces-
sortes.
§ 135. First. No manufacturer or other person, whether he be li-
censed as a peddler, merchant, or sample merchant, or not, shall canvass
any county, town, or city, for the purpose of selling or offering to sell, or
shall actually sell or deliver, sewing machines and accessories, unless he
be licensed as provided in this section.
Second. Any manufacturer desiring the privilege of selling, or offering
to sell, or of selling and delivering sewing machines manufactured by
him, and accessories to sewing machines, throughout the Commonwealth,
shall apply to the auditor of public accounts for a license, and it shall be
the duty of the auditor of public accounts, upon the payment into the
State treasury of the sum of two hundred dollars for the privilege of
transacting such business, to grant such license, and such payment shall
be in lieu of any additional State, county, city, or town license tax or
levy. |
The name of the manufacturer shall be stated in the license, and such
license shall be a personal privilege to the manufacturer to whom it is
granted, and shall not be transferable, but any one representative of such
manufacturer can sell thereunder for the said manufacturer ; should such
manufacturer desire to employ more tham one representative, such manu-
facturer so licensed may obtain from the auditor of public accounts
separate certificates for as many agents as he may desire to employ in
selling and offering to sell, or selling and delivering sewing machines
manufactured by him, and accessories to sewing machines, upon the pay-
ment of five dollars into the State treasury for each certificate, and such
certificate shall state the name of the manufacturer, and shall entitle
such agent to sell, or offer to sell, or to sell and deliver, sewing machines
manufactured by such manufacturer, and accessories to sewing machines,
throughout the Commonwealth, without the payment of any additional
State, county, city, or town license tax or levy.
Any licensed merchant may sell, or offer to sell, or to sell and deliver
at his regular place of business under his merchant’s license, without the
payment of any additional State, county, city, or town license tax or levy,
sewing machines purchased by him from any manufacturer of such sew-
ing machines who has taken out a license to sell sewing machines of his
manufacture, and accessories to sewing machines, throughout the Com-
monwealth ; but such merchant, if he desire to sell, or offer to sell, or to
sell and deliver, at any place other than at his regular place of business,
the sewing machines purchased by him from a manufacturer who has
been licensed as hereinbefore provided, shall obtain a certificate from the
auditor of public accounts, and shall pay into the State treasury therefor
the sum of five dollars, and he shall also in like manner pay five dollars
for a certificate for each person in his employment engaged in selling, or
offering to sell, or in selling and delivering elsewhere than at his regular
place of business, the said sewing machines, and accessories to sewing
machines, and such payment shall be in lieu of any additional State,
county, city, or town license tax or levy.
Any person, other than a licensed merchant or manufacturer, may
sell, or. offer to sell, or sell and deliver, throughout the Commonwealth,
sewing machines purchased by him from any manufacturer of such sew-
ing machines, who has taken out a license to sell sewing machines of his
manufacture, and accessories to sewing machines, throughout the Com-
monwealth: provided, he obtain a certificate from the auditor of public
accounts and pay into the treasury of the State therefor the sum of five
dollars, and such payment shall be in lieu of any additional State, county,
city, or town license tax or levy.
Third. Any person other than those licensed under the foregoing sec-
tion desiring the privilege of canvassing any county or city, for the
purpose of selling or offering to sell sewing machines and accessories,
shall apply to one of the commissioners of the revenue for such county
or city for such license; and upon the granting of such license, and the
payment of twenty dollars to the treasurer of such county or city, he shall
have the privilege of selling, offering to sell, and of selling and delivering
sewing machines and accessories of any manufacturer in such county or
city. Any such person so licensed may obtain the like privilege in any
other county or city upon the production to one of the commissioners of
the revenue of such other county or city of his license to sell as afore-
said, and upon the payment of the sum of ten dollars to the treasurer of
such other county or city. Such license shall be a personal privilege, and
shall not be transferable; but no separate license shall be required to be
obtained by any person licensed under this section in order to authorize
such person to sell the said accessories of any manufacturer.
Fourth. There shall be no abatement from the said sum to be paid for
the license to sell sewing machines or accessories, if the same be exercised
for less than one year. All licenses issued under this section shall ex-
pire on the thirtieth day of April next after the date of their issue.
Fifth. Any manufacturer, person, or agent selling, or offering to sell,
or taking orders for the sale of sewing machines or accessories without
having obtained the license or certificate hereinbefore required, shall be
deemed guilty of misdemeanor, and, upon conviction thereof, shall be
fined not less than one hundred dollars nor more than five hundred dol-
lars, one-half of every such fine to go to the informer.
Sixth. Nothing in this section shall prevent licensed auctioneers or
officers of the law under legal process, from selling second-hand sewing
machines, nor prevent any person licensed under this section from deal-
ing in second-hand sewing machines of any manufacture which have be-
come second-hand by having been sold and used in this State previous
to the passage of this act, or those which may become second-hand ma-
chines after having been sold under the provisions of this section.
Agents for the sale of manufactured implements or machines by retail
other than sewing machines.
§ 136. Any person who shall sell, or offer for sale, manufactured im.
plements or machines by retail, or take orders therefor on commission or
otherwise, other than sewing machines, unless he be the owner thereof,
or a duly licensed merchant, at his regular place of business, who shall
have paid a license tax amounting to as much as fifteen dollars, shall be
deemed to be an agent for the sale of manufactured articles, and shall
not act as such without taking out a license therefor. No such person
shall, under his license as such, sell, or offer to sell, such articles through
the agency of another; but a separate license shall be required for any
agent or employee who may sell, or offer to sell, such articles for another.
For any violation of this section the person offending shall pay a fine of
not less than fifty dollars nor more than one hundred dollars for each
offence.
License to agents for the sale of manufactured tmplements or machines
by retail other than sewing machines.
§ 137. Every agent for the sale of manufactured implements or ma-
chines, other than sewing machines, shall pay for the privilege of trans-
acting such business the sum of fifteen dollars, and this shall give to any
party licensed under this section the right to sell the same within the
county or city in which he shall take out his license; and if he shall sell,
or offer to sell, the same in any other county or city of the State, he shall
pay an additional sum of ten dollars in each county or city where he may
sell, or offer to sell, the same: provided, that any person who shall pay
an annual tax to the Commonwealth upon capital actually employed by
him in the manufacture of the articles or machines mentioned in this
section of not less than thirty dollars per annum, may, without any fur-
ther sum being paid for the privilege by himself or his agents, employ
agents to sell said articles or machines manufactured by him in any of
the counties or cities of the State; and the certificate of the treasurer of
the county or city in which said tax shall be paid by such person on the
capital so employed by him in the manufacture of such articles or ma-
chines shall be evidence of the fact of such payment.
Incensed tax on peddlers of manufactured implements and machines
other than sewing machines, and on peddlers of cooking stoves and
ranges and clocks.
§ 138. Every person engaged in peddling manufactured implements or
machines, other than sewing machines, shall pay for the privilege of
transacting such business the sum of two hundred dollars; and this shall
give to such peddlers the right to sell the same within the county or city
in which he shall take out his license; and if he shall sell, or offer to sell,
the same in any other county or city of this State, he shall pay an addi-
tional sum of one hundred dollars in each county or city where he may
sell or offer to sell the same.
Every peddler of cooking stoves or ranges, and every peddler of clocks,
shall pay for the privilege of engaging in such business the sum of five
hundred dollars, and this shall give to such peddler the right to sell the
same within the county or city in which he shall take out his license; and
if he shall sell, or offer to sell, in any other county or city of the State, he
shall pay an additional sum of three hundred dollars in each county or
city where he may sell or offer to sell the same: provided, that any person
selling clocks, stoves, and ranges under a merchant’s license and deliver-
ing the same shall be deemed a peddler under the provisions of this act
and subject to the requirements and penalties hereinbefore imposed.
Ticenses on slot machines.
§ 139. Any person, firm, or corporation, having on a‘street, alley, or
other place in the city, or on any public road in any county, or in shops,
stores, hotels, boarding-houses, depots, and public and private rooms, or
any other place anywhere in the State of Virginia, a slot machine of any
description, into which are dropped pennies or nickels or coins of other
denominations to dispose of chewing gum, or other articles of merchan-
dise, cigarettes, or intoxicating liquors, or for the purpose of operating
musical, weighing, or other devices that operate on the nickel-in-the-
slot principle used for gain, except as a pay telephone, shall pay for every
such slot machine or musical, weighing, or other devices, as the case may
be, a license tax of ten dollars per year for the use and benefit of the
State, except such vending machines as are used solely for the sale of ag-
ricultural products. or cigars, on which shall be levied a license tax of
three dollars per year for each machine: provided, however, that nothing
in this section contained shall be construed as permitting any such per-
son, firm, or corporation to keep, maintain, exhibit, or operate any slot
machine or other device in, the operation of which the element of chance
enters, and it shall not be lawful for any commissioner of the revenue or
other officer to issue a license under this section to any such person, firm,
or corporation for the keeping, maintaining, exhibiting, or operating, of
any such slot machine or other device, in the operation of which the ele-
ment of chance enters; the intent of this section being to license only
those machines or devices in the operation of which the element of chance
does not enter.
Any person, firm, or corporation, having any such machine, and fail-
ing to procure a license therefor, shall be subjected to a fine of not less
than twenty dollars nor more than fifty dollars for each offence, and such
machines shall become forfeited to the Commonwealth.
License on dealers in pistols, dirks, or Bowie knives.
§ 14u. No person, firm, or corporation shall sell pistols, dirks, or
Bowie knives without having first procured a license therefor.
Every person, firm, or corporation engaged in the business of selling
pistols, dirks, or Bowie knives, or who may hereafter engaye in said busi-
ness, shall pay for the privilege of transacting said business a special
license tax in the sum of twenty dollars per annum, and no such license
shall be issued for any period less than one year, nor shall there be any
abatement in any instance of the tax upon such license by reason of the
fact that the person or persons so licensed shall have exercised such
licensed calling for a period of less than one year. Any person selling
pistols, dirks, or Bowie knives contrary to the provisions hereof,. or who
shall in any manner violate the same, shall be deemed guilty of a misde-
meanor, and, upon conviction thereof, shall be fined not less than twenty-
five dollars nor more than fifty dollars for each offence.
Inquor Incense,
§ 141. No person, corporation, company, firm, partnership, or associa-
tion shall, within the limits of this State, engage in the business of recti-
fying or of manufacturing or distilling malt or alcoholic liquors, other
than wine, or sell, or offer to sell, by sample or representation or other-
wise, wine, ardent spirits, malt liquors, or any mixture thereof, alcoholic
bitters, bitters containing alcohol, or fruits preserved in ardent spirits,
either by wholesale, retail, or to be drunk at the place where sold, or in
any way, without first having obtained license therefor; nor shall the
license confer the privilege of selling in any way, except in the manner
hereinafter provided. And all mixtures, preparations, and liquids (ex-
cept pure apple cider), which will produce intoxication shall be deemed
ardent spirits within the meaning of this section. A license to sell by
wholesale shall only include the privilege to sell in quantities of five gal-
lons or more, except that wholesale dealers in malt liquors may have the
privilege of selling by bottles and jugs in quantities of not less than one
dozen to licensed retail dealers only. A license to sell by retail shall in-
clude only the privilege of selling in quantities not excecding five gallons
at any time to any individual, which shall include both the privilege of
selling to be delivered to the purchaser in bottles, jugs, demijohns, or
other vessels, and the privilege of being drunk at the places where sold.
A license to keep an ordinary or hotel shall confer all the rights and
privileges of a retail liquor dealer. Under a license to keep a malt liquor
saloon, malt liquors, or any mixture thereof, may be sold to be drunk
where sold, but shall not be taken away from the place of sale. Any per-
son desiring to carry on the business of a wholesale liquor dealer, and also
that of a retail liquor merchant, shall obtain a separate license for each
and comply with all the provisions of this section in relation to both
privileges. A violation of the provisions of this section shall be deemed
a misdemeanor, and shall be punished by a fine of not less than twenty
dollars, and, in the discretion of the court, by imprisonment not exceed-
ing twelve months: provided, that nothing in this section shall prevent
wholesale confectioners from selling fruiis preserved in ardent spirits,
nor breweries from selling beer direct to consumers at their homes.
Licenses required by this section shall be obtained from the county,
circuit, or corporation court of the county or city in which the business
is. to be conducted, except that the license to sell wine, ardent spirits,
malt liquor, or any mixture thereof, by retail, upon any steamboat, canal
boat, ship, barge, or other vessel at any wharf or landing, or upon any
river, creek, sound, or any of the other waters of this Commonwealth
(other than vessels regularly engaged in plving the waters of the Atlan-
tic ocean), shall be obtained on the certificate of the county, circuit, cor-
poration, or hustings court of some county or city within the limits and
jurisdiction of which such steamboat, canal boat, ship, barge, or other
vessel usually plies or is usually stationed, and the license to a sample
liquor merchant shall be obtained on the certificate of circuit, corpora-
tion, or hustings court of some city of the State, but when so obtained the
license shall carry the privileges of selling anywhere in the State. The
clerk of the court granting the certificate to certify to the genuineness of
the license under the seal of the court. Any person, firm, company, cor-
poration, partnership, or association desiring to obtain a license such as
is required in any of the cases specified in this section shall make a
written application therefor to a commissioner of the revenue of the
county or city from the circuit, county, or corporation or hustings court
of which a certificate is required. Such application shall state the name
of the applicant, the residence of the applicant, the nature of the business
for which the license is desired, the place where it is proposed to be prose-
cuted, 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 been
deposited with him by the applicant in gold or silver coin, United States
treasury notes, or national bank notes.
When such application has been endorsed by the commissioner of the
revenue, “Referred to the corporation court of the city of ,? as
the case may be, or when in towns of over five hundred inhabitants, based
on the last United States census, in which police protection is afforded, or
when application is made by any person, partnership, or corporation own-
ing or operating a hotel at a health resort having a natural mineral
spring or situated by the sea or any large body of salt water connected
therewith, or when such application is made for license to be exercised in
any community in a county contiguous to a city, though such community
be not incorporated, having on the fifteenth day of March, nineteen hun-
dred and three, police protection paid for by the public, and wherein the
court upon evidence is satisfied that there is within a radius of one-half
of a mile of the place where such business is proposed to be conducted five
hundred or more inhabitants, and wherein licenses for the sale of liquor
have been granted during the twelve months next prior to the passage of
this act: provided, that no part of any city or incorporated town or of
any other county shall be included within such radius; or when any appli-
cation for a license is made by any manufacturer or distiller of alcoholic
liquors, such application has been endorsed by the commissioner of the
revenue, “Referred to the county court of county,” until Febru-
ary first, nineteen hundred and four, and after that time it has been en-
dorsed, “Referred to the circuit court of county,” as the case may
be, the applicant shall present the application so endorsed to the corpo-
ration, county, or circuit 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. It shall be lawful for any person who may consider that he
would be aggrieved by granting 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 con-
duct 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 appro-
priate place for conducting such a business, the court may, upon the
execution by the applicant of bond in the penalty of not less than two
hundred and fifty nor more than five hundred dollars, with good security,
conditioned for faithful compliance with all the requirements of this sec-
tion, grant such license; and thereupon the commissioner of the revenue
shall issue the same in such form as may be prescribed by the auditor of
public accounts. In case an application is refused by the court, the ap-
plicant shall have refunded to him by the treasurer or other collecting
officer the amount of money deposited by him. In all cases except those
in this section before provided for, when such application has been en-
dorsed by the commissioner of the revenue, “Referred to the county court
of county,” until February first, nineteen hundred and four, and
after that time it has been endorsed, “Referred to the circuit court of
to the 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 in all cases other than those hereinabove excepted, 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 before the
first of February, nineteen hundred and four, or to the circuit court after
that time, the applicant shall, in addition to complying with all the other
requirements of this section, first advertise his intention of making such
application by posting a written notice of such intention at the front door
of the courthouse 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 applica-
tion shall be presented to the said county court before the first of Febru-
ary, nineteen hundred and four, or to the circuit court after that time,
and no court shall consider any such application until it shall have been
first proved 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 en-
tered 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 personally superintend the
same, and will keep an orderly house, and that the place at which it is to
be conducted is a suitable, convenient, and appropriate place for conduct-
ing such a business, and one at which police protection is afforded, and if
it shall further plainly appear to the satisfaction of the court that a ma-
jority of the qualified voters of the district or town in which the privilege
is sought to be exercised are in favor of the application, that the sale of
ardent spirits at that place will not be contrary to a sound public policy
or injurious to the morals or the material interest of the community, the
court may, upon the execution by the applicant of bond in the penalty of
not less than two hundred and fifty dollars nor more than five hundred
dollars, with security conditioned for the faithful compliance with all
the requirements of this section, grant such license; and thereupon the
commissioner of revenue shall issue the same in such form as may be pre-
scribed by the auditor of public accounts. But if the court shall not be
fully satisfied that all of the requirements of this section have been com-
plied with, it shall refuse to grant the license. Either party to such ap-
plication shall, until the first of February, nineteen hundred and four,
have the right to appeal from the order or judgment of the county court
granting or refusing such application during the term at which the ap-
plication is heard to the circuit court of said county. The judge of such
circuit court shall take cognizance of such appeal, and may hear the same,
either in term time or in vacation. And if he shall be clearly of opinion
that all the requirements of this section have been fully complied with,
may grant the license upon the terms herein prescribed; but if such re-
quirements have not been fully complied with, he shall refuse the same,
and the decision of such circuit court, or of the judge thereof in vacation,
shall be final, and no appeal, writ of error, or supersedeas shall lie thereto.
And after February first, nineteen hundred and four, there shall be no
appeal from the order of the circuit court on such application. The
party of any such proceeding who shall substantially prevail shall, in
cases where such applications are contested, be entitled to recover their
costs from the opposite parties as in other civil cases. All bonds taken
under this act shall contain the waiver of the homestead exemption of the
obligors therein. In case an application be finally refused by the court,
the applicant shall have refunded to him by the treasurer or other col-
lecting officer the amount of money deposited by him: provided, however,
that in any district in which a vote on the proposition of license or no
license has been taken and decided affirmatively within the twelve months
prior to the application, the court shall presume that the qualified voters
are in favor of license: provided, however, that this section shall not be
construed as repealing any special act prohibiting the sale or manufacture
of ardent spirits in any county, district, or town; nor shall it be con-
strued as allowing licenses to be granted in counties, districts, or towns
during such periods as, under the operation of the local-option statutes,
the result of elections held thereunder is against the granting of licenses
to sell liquor: and provided, further, that any person, firm, or cotpora-
tion who has heretofore been licensed as a retail liquor dealer, and having
on hand a stock of liquor purchased before the passage of this act, who
is by the operation of this act prevented from obtaining a renewal of such
license, shall have for the period of thirty days after the passage of this
act the privilege of disposing of the said stock of liquor at wholesale
without being required to take out additional license.
The amount to be paid for a license for the privilege of selling by
wholesale wine, ardent spirits, malt liquors, or any mixture of any of
them, shall be three hundred and fifty dollars: provided, however, that
if any wholesale dealer shall desire the privilege of selling malt liquors
only, the specific amount to be paid by him for the privilege shall be one
hundred and fifty dollars.
The specific sum to be paid for the privilege of selling by retail wine,
ardent spirits, malt liquors, or any mixture of any of them, in the coun-
try or in towns or villages of one thousand inhabitants or less, or upon
any vessel, shall-be one hundred and seventy-five dollars, or in cities or
towns or villages exceeding one thousand inhabitants, three hundred an
fifty dollars. 7
The specific sum to be paid for the privilege of keeping an ordinary
shall be as follows: In the country or in towns having a population of
two thousand or less, one hundred and seventy-five dollars; and in towns
or citics having a population of two thousand or more, three hundred and
fifty dollars; and in either case there shall be paid an additional sum
equal to eight per centum of the annual rent or rental value of the house
and furniture used for the purpose of said ordinary up to one thousand
dollars of such annual rent or value; and on the annual rent or rental
value in excess of one thousand and under two thousand dollars, five per
centum of such rental value, and three per centum of such value from
two thousand dollars and upwards. Such annual rent and rental value
shall be determined by the actual rent of the house and furniture, and
may exceed such rent, and if it is not rental property the commissioner
shall determine the amount to be paid by what the probable rent would
be. The commissioner may require the proprietor or tenant to state on
oath what is the amount of such rent, or what would be a fair rent there-
for. If the said proprietor or tenant refuse to state the same when s0
required, he shall pay a fine of five hundred dollars. |
Any person who shall for compensation furnish diet for travelers, so-
journers, or boarders in his house, or provender for a horse feeding in his
stable or on his land (except a drove of live stock and persons attending
it), and sell by retail wine, spirituous, or malt liquors, or any mixtures of
them, shall be deemed to keep an ordinary, and shall constantly provide
the same with diet for travelers, and, unless it be dispensed with by the
court, with stabling and provender or pasturage and provender for their
horses.
Any person who shall keep an ordinary or hotel without a license shall
pay a fine of not less than thirty dollars nor more than one hundred dol-
lars for each day he may continue the same, but where the ordinary or
hotel shall be kept open for but part of the year the tax shall be appor-
tioned according to the time it is kept open.
Any person who shall for compensation furnish lodging, diet, and en-
tertainment for travelers, sojourners, guests, or boarders in his house, and
sell by retail wine, spirituous, or malt liquors, or any mixtures of them,
shall be deemed to keep a hotel, and shall constantly provide the same for
lodgings, diet, and entertainment for travelers and guests. The amount
to be paid for the privilege of keeping a hotel is to be determined as fol-
lows :
The specific sum which shall be paid for the privilege of keepmg a
hotel, which privilege shall include the privilege of selling wine, ardent
spirits, and malt liquors in such hotels, to be drunk where sold, and shall
include the privilege of selling the same, or any mixture of any of them,
by retail, not to be drunk where sold, shall be as follows:
In the country or towns having a population of one thousand or less,
there shall be paid the sum of one hundred and seventy-five dollars, and
in towns or cities having a population of more than one thousand there
shall be paid three hundred and fifty dollars for this privilege; and in
either case there shall be paid for this privilege an additional sum of one
dollar per room for every room available in said hotel for the lodging
and accommodation of travelers, sojourners, boarders, and guests who may
patronize said hotel: provided, however, that the State licenses to the
keepers of ordinaries or hotels, or to retail liquor dealers, located or
whose places of business are situated within one-half a mile of the cor-
porate limits of any city or town, who may be entitled to license under
the provisions of this section, shall be the same as is imposed upon such
keepers or dealers within the corporate limits of such city or town.
Any person who shall keep a hotel without a license shall pay a fine of
not less than thirty dollars nor more than one hundred dollars for each
day he may continue the same; but when the hotel shall be kept open for
but part of the year the tax shall be apportioned according to the time it
is kept open. ,
The bond taken of a licensed dealer under this section shall be deemed
forfeited by his failure to pay any part of the amount required of him by
this section, and any portion as to which there is such failure of payment
may be recovered of him and his sureties, by motion or suit in any court
having jurisdiction, and may moreover be collected by the treasurer in
the manner that taxes are collected, and in the discretion of the court his
license forfeited. '
The amount required by this section to be paid for the licenses herein
specified shall not be in lieu of any taxes on personal property actually
employed in any of the branches of business specified.in this section.
The specific amount which each rectifier shall pay for the privilege of
carrying on his business shall be one hundred and fifty dollars, except
that a manufacturer of ardent spirits may rectify spirits of his own
manufacture without paying any additional sum for such privilege. Each
rectifier who shall desire to sell, by wholesale or retail, spirits so rectified
by him, shall pay for such privilege the same amount required to be paid
by other wholesale and retail dealers in ardent spirits.
Any druggist who desires to sell wine, ardent spirits, or malt liquors,
or any mixture thereof, or alcoholic bitters, shall take out a retail liquor
dealer’s license, and shall, in all respects, be deemed a retail liquor dealer,
and be subject to the requirements of this section: provided, the pro-
visions of this section shall not apply to liquor used by any druggist in
the preparation of medicine. No alcoholic bitters, whether the same may
have been manufactured in this State or elsewhere, shall be sold in this
State by any person who has not obtained a license under this section to
sell wine, ardent spirits, malt liquors, or any mixture thereof. Any per-
son violating this provision shall be liable in all respects to the same pen-
alties which are imposed by this section for selling wine, ardent spirits,
malt liquors, or any mixture thereof, without a license therefor.
Every manufacturer or distiller of alcoholic liquors shall pay for said
privilege, at the time his license is granted, a specific sum therefor, to be
graduated and classified as follows: The manufacturer who shall mash
and distill ten bushels or less per day, thirty dollars; ten bushels and less
than twenty per day, fifty dollars; twenty bushels and less than thirty
per day, seventy-five dollars; thirty bushels and less than forty-five per
day, one hundred and twenty-five dollars ; forty-five bushels and less than
seventy-five per day, two hundred dollars; seventy-five bushels and less
than one hundred per day, two hundred and fifty dollars; one hundred
bushels and less than one hundred and fifty per day, three hundred dol-
lars; one hundred and fifty bushels and less than two hundred per day,
four hundred dollars; two hundred bushels and less than two hundred
and fifty per day, four hundred and fifty dollars; two hundred and fifty
bushels and less than three hundred per day, five hundred dollars; and
on each one hundred bushels per day in excess of three hundred at the
rate of two hundred dollars for each one hundred bushels so mashed per
day. The above specific sums shall be paid before commencing his opera-
tions, and on the payment of such specific sum the manufacturer shall
have the privilege of selling the liquors actually manufactured by him in
quantities of not less than one gallon at the house where the same is
manufactured: provided, further, that all liquors bought shall be taken
away at the time bought from the place where sold. The manufacturer
of alcoholic liquors by direct fermentation and distillation from pomace
or from cider or fruits, where the distillery is run less than three months,
shall pay a specific sum of five dollars, but if the distillery is run more
than three months and less than six the specific amount to be paid for the
privilege shall be twenty dollars, and if run six months or more there shall
be paid for the privilege fifty dollars. It shall be the duty of every li-
censed distiller who manufactures brandy from fruit to furnish the
commissioner of revenue a copy of the returns made by him to the inter-
nal revenue assessor of the United States, and the commissioner of the
revenue shall require said licensed distiller to make affidavit to the cor-
rectness of such return. On payment of the above sum the distiller of
brandy shall have similar privileges in regard to the sale of brandy
roanufactured by him to those granted to distillers of whiskey. For the
privilege of manufacturing malt liquors there shall be paid fifty dollars,
and upon the payment of such specific sum the manufacturer shall have
the privilege of selling the products of his brewing in quantities in ex-
cess of five gallons at any place within the State of Virginia; and the said
manufacturer shall have the additional privilege of selling the products
of his brewing in quantities not less than one gallon at the place of manu-
facture: provided, that any resident manufacturer of wine may have the
privilege of selling wine of his own manufacture in quantities not less
than one gallon without paying the license tax provided by this section.
The auditor of public accounts shall prescribe a form for licenses re-
quired by this section, which forms shall have printed on them in plain
letters, at least one inch in length, in words and figures, the year when
issued, the month when the license begins and expires, and also the class
of license.
Every person obtaining any such license shall post the same in a con-
spicuous place in his office, if a wholesale liquor dealer; and if a retail
liquor dealer or malt liquor saloon-keeper, shall post the same in the most
conspicuous place about his bar or place of retailing, and shall expose the
same to common observation ; and any person failing to keep such license
so conspicuously posted shall, on conviction, be fined not exceeding one
hundred dollars.
It shall be the duty of the judges of the circuit, county, or corpora-
tion courts to give this section, and particularly the provisions thereof in
reference to the sale of ardent spirits, wine, malt liquors, or any mixture
thereof, in charge to the grand jury at every regular grand jury term of
their respective courts, and to send before the grand jury the constables
and the commissioner of the revenue, with the view of ascertaining
whether any person in their counties, districts, or cities is engaged in the
sale of liquors without a license as prescribed in this section.
No person shall sell wine, ardent spirits, or malt liquors, or any mix-
ture thereof, by retail upon any steamboat, canal boat, ship, barge, or
other vessel at any wharf or landing, or upon any river, creek, sound, or
any of the other waters of this Commonwealth, without first having ob-
tained a license therefor in accordance with this section: provided, that
the amount required to be paid for such privilege to be exercised upon any
such vessel shall be the lowest specific sum required in each case by the
provisions of this section to be paid for such privilege: and provided,
further, that the provisions of this section shall not apply to any steam-
ship or steamboat which is regularly engaged in plying the waters of the
Atlantic ocean.
This section shall not be construed to repeal or m any wise change the
provisions of the charter of any town or city in the State touching the
granting of licenses.
Any person violating any of the provisions of or failing to comply with
any of the requirements of this section shall, unless otherwise provided
herein, be deemed guilty of a misdemeanor, and be fined not less than fifty
dollars nor more than one hundred dollars for each offence, and in addi-
tion he may, in the discretion of the jury, be imprisoned not more than
sixty days.
Any person who shall sell, or offer to sell, wine, ardent spirits, malt
liquors, cider, or any mixtures of any of them, by sample or other repre-
sentation, or any agent for the sale or collection of orders for wine, ardent
spirits, malt liquors, cider, or any mixture of any of them, by sample or
description, shall be deemed to be a sample liquor merchant. A sample
liquor merchanit’s license shall be a personal privilege, and shall not be
transferable, nor shall any abatement of the sum required to be paid be
allowed. Any person, firm, or corporation who shall sell, or offer to sell,
in violation of this section, shall pay a fine of five hundred dollars for the
first offence and six hundred dollars for each succeeding offence, the in-
former to receive one-half of the fine so collected. No person, firm, or
corporation licensed as a sample liquor merchant under this section shall
be authorized to sell, except to some club, person, firm, or corporation
licensed under this and the succeeding section.
The amount to be paid for the privilege of doing business as a sample
liquor merchant shall be three hundred and fifty dollars, and no person,
firm, or corporation shall permit any person, except a duly authorized
agent or salesman, to sell under their license otherwise than for their ex-
clusive use and benefit. No agent or salesman shall be permitted to sell,
or offer to sell, as aforesaid, except he have with him at the time the li-
cense granted to the person, firm, or corporation from whom he acts,
which license shall state the name of the person, firm, or corporation to
whom the license was granted and the name of the agent or salesman
using the same, and also a duly executed power of attorney constituting
him such agent or salesman, which license and power of attorney shall be
exhibited whenever required by any officer of the law or private citizen.
For every agent or salesman employed to sell as aforesaid there shall be
paid three hundred and fifty dollars. Sales of wine, ardent spirits, malt
liquors, cider, or any mixture of any of them, by sample, shall be limited
to sales by wholesale. Nothing in this section shall be construed to re-
quire any licensed wholesale liquor dealer who has paid his license as such
(an amount of not less than three hundred and fifty dollars) to pay an
additional amount for selling, or offering to sell, by sample, either by him-
self or agents: provided, that every such agent shall first apply to the
court of some city for the certificate hereinbefore required. No person,
firm, or corporation shall hire their license or allow the use of the same
to any other person, firm, or corporation; and any person, firm, or cor-
poration who shall so hire or allow the use of such license to any other
person, firm, or corporation shall forfeit such license; and the person,
firm, or corporation using such license shall pay a fine of three hundred
and fifty dollars for each offence: provided, that any person licensed as a
manufacturer under this section may sell by sample, either in person or
through his agents, provided the sales be by wholesale.
Nothing in this section shall be construed as licensing any person,
firm, or corporation to sell wood alcohol, or any mixture thereof, as a
beverage, and the sale of such wood alcohol, or mixture thereof, as a bev-
erage is hereby prohibited.
Any person who sells alcoholic beverages of any description on Sunday
shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined not less than one hundred dollars nor more than five hun-
dred dollars, and shall be imprisoned not less than fifteen days nor more
than sixty days in jail, and the license at the place where the alcoholic
beverages were sold on Sunday shall be revoked.
Any person who shall sell alcoholic beverages to a person under twenty-
one years of age shall be deemed guilty of a misdemeanor, and upon con-
viction shall be fined not less than fifty nor more than one hundred dol-
lars, and the license at the place where the «!coholic beverages were so
sold shall be revoked.
Social Clubs.
§ 142. Any corporation chartered and organized as a social club which
shall desire to keep on hand at their club-house wines, ardent spirits, malt
liquors, or any mixture thereof, alcoholic bitters, or any mixture thereof,
bitters containing alcohol, or fruits preserved in ardent spirits to be sold,
directly or indirectly, or given away to the members of such corporation,
shall, on or before the thirtieth day of April in each year, pay to the
treasurer of the county or corporation wherein the club-house of such
corporation is located two dollars for each and every person a member of
said corporation, which shall be in lieu of all other taxes upon such cor-
poration for the sale, directly or indirectly, or the gift to its members of
any wines, ardent spirits, malt liquors, or any mixture thereof, alcoholic
bitters, bitters containing alcohol, or fruits preserved in ardent spirits:
provided, that the said tax to be paid by any one club shall not exceed the
sum of three hundred and fifty dollars: and provided, further, that noth-
ing in this section contained shall be construed to preclude any incor-
porated city or town from imposing a license tax not to exceed the amount
of license charged by the Commonwealth upon any such club organized
since April sixteenth, nineteen hundred and three, located within the cor-
porate limits of such city or town that sells or dispenses wines, ardent
spirits, malt liquors, or any mixture thereof, alcoholic bitters, bitters con-
taining alcohol, or fruits preserved in ardent spirits.
Any such corporation shall not sell, directly or indirectly, any wines,
ardent spirits, malt liquors, or any mixture thereof, alcoholic bitters, bit-
ters containing alcohol, or fruits preserved in ardent spirits, to any per-
son or persons unless such person be a member of said corporation, and be
over twenty-one years of age. ,
The club-house of any corporation chartered and organized for a social
club, which shall desire to keep on hand wines, ardent spirits, alcoholic
bitters, bitters containing alcohol, or fruit preserved in ardent spirits, to
be sold directly or indirectly, or given away to any member, shall not be
located in the same building in which there is a duly licensed public bar.
The club-house shall be kept open with its usual and proper attendants
and servants at least twelve hours per day, except Sunday: provided, that
any such corporation which has its club-house at the seaside, or is used
as a fishing or a hunting club, shall be kept open only in and during the
proper season. :
Such corporation, through its secretary and president, shall furnish
once a month, under oath, to the county clerk or clerk of the corporation
court in which the club-house is located, a list of its members, and shall
furnish, under oath, once a year, immediately after its annual meeting,
to said clerk a list of the officers for the ensuing year, which list shall at
all times be open to public inspection.
Every such corporation shall charge and collect an entrance fee of not
less than ten dollars, and dues of not less than one dollar per month.
Provided, further, that no corporation heretofore or hereafter chartered
and organized as a social club which is located in any county, city, town,
or district in which local-option or dispensary laws prevail, or in which
license has been refused under section one hundred and forty-three of
this act, or where no license has been granted under said section one hun-
dred and forty-three, shall have the right to keep on hand at its club-
house wine, ardent spirits, malt liquors, or any mixture thereof, alcoholic
bitters, bitters containing alcohol, or fruits preserved in ardent spirits
to be sold directly or indirectly or to be given away to members of such
corporation or to any one else, and no such social club shall be chartered
hereafter carrying with such charter the right to keep on hand at its
club-house wine, ardent spirits, malt liquors, or any mixture thereof,
alcoholic bitters, bitters containing alcohol, or fruits preserved in ardent
spirits, to be sold or given away, which is sought to be located in any
county, city, town, or district in which local-option or dispensary laws
prevail, nor elsewhere until and unless the judge of the court shall, in
addition to the certificate required by section three of an act entitled “an
act concerning corporations,” certify to the corporation commission that,
in his opinion, such charter should be granted, and that the granting of
said charter would not be against sound public policy: provided, that
each such social club shall at the time of granting its charter, and as a
condition precedent to the dispensing of any such liquors, or any mix-
ture thereof, enter into a bond in a penalty of two thousand dollars be-
fore the court of the county or corporation wherein such club is located,
payable to the Commonwealth, and conditioned upon a faithful com-
pliance by such club with all of the provisions of this act, and with secu-
rity deemed sufficient by such court. The failure on the part of any such
said corporation to comply with any of the above provisions shall work a
forfeiture of its charter, and the court or justice trying any case under
this act, shall, whenever a judgment or conviction is rendered against
such social club, declare the charter of such corporation forfeited. The
corporation shall have the right of appeal to the circuit court of the
county or to the corporation or hustings court of the city wherein such
club is located from the decision of the justice, and to the supreme court
of appeals from the judgment of the circuit or corporation or hustings
court where the cause is tried originally in such circuit or corporation or
hustings court. And the court rendering a final judgment of forfeiture
against such club shall so certify to the State corporation commission.
And the certificate of incorporation of every club hereafter created
which intends to sell or dispense such liquors shall set out the exact loca-
tion of the proposed club-house of such club, and such liquors, or any of
them, or any mixtures thereof, shall be sold or dispensed at no other
place or location than that specified in such certificate of incorporation.
Provided, further, that no charter shall be granted any corporation for
a social club which does not clearly state in the application therefor
whether or not it desires the privilege of dispensing at its club-house
wines, ardent spirits, malt liquors, or any mixtures thereof, alcoholic
bitters, bitters containing alcohol, or fruits preserved in ardent spirits.
General provisions.
§ 143. When any incorporated company, firm, or person is engaged in
more than one business, which is made by the provisions of this act sub-
ject to taxation, such incorporated company, firm, or person shall pay
the tax provided by law on each branch of its or her business.
§ 144. Any corporation, except as otherwise expressly provided in this
act, feeling aggrieved by the assessment made by the State corporation
commission of its property or franchise, under the provisions of this act
may have such right of appeal as may be provided by law.
Every such company, corporation, firm, or person which fail to make
the reports required in the preceding sections within the time prescribed
shall, unless a different penalty is hereinbefore prescribed for such fail-
ure, be liable to a fine of not less than five hundred dollars, nor more
than two thousand five hundred dollars. The said fine to be imposed
and judgment entered therefor by the State corporation commission,
after thirty days’ notice to any such defaulting corporation to appear
before said commission, and to shew, cause,, if. any, against the imposi-
tion of such fine, subject to appeal i the supreme, eourt: ‘of aopeals of
Virginia.
It shall be the duty of the State conporatiog commission: to. prepare
and furnish to the several corporatiars required: to make reports under
this act, forms for such reports, which said corpordatioris ‘shall use in
making the reports required of them.
Any such company, corporation, firm, or person required by this act
to pay its or his taxes directly into the State treasury, failing to pay said
taxes into the treasury within the time herein prescribed shall incur a
penalty thereon of five per eentum, which shall be added to the amount
of said taxes.
The auditor of public accounts shall deliver a bill for said taxes and
penalty to the treasurer of any county or city in which the company,
corporation, firm, or person may have any property belonging to it or
him, and said bill shall have the force and effect of an execution.
The treasurer may distrain and sell any personal property of such
company, corporation, firm, or person, and shall pay the amount of the
taxes and penalty into the treasury within ten days after he has collected
the same. The auditor of public accounts shall require the treasurer
to whom such bill is delivered to execute a bond in such penalty as he
deems sufficient and with security to be approved by him, conditioned
for the faithful discharge of his duty in collecting and paying into the
treasury such taxes and penalty. The compensation of such treasurer
for collecting and paying in said taxes and penalty shall be five per
centum of the aggregate of said taxes and penalty, and shall be paid by
such corporation, company, firm, or person.
School taxes to be separately assessed and paid in money.
§ 145. All taxes assessed on property, real or personal, by this act, and
by it dedicated to the maintenance of the public free schools of this
State, shall be paid and collected only in lawful money of the United
States, and shall be paid into the treasury to the credit of the free school
fund, and shal] be used for no other purposes whatsoever. And to this
end the auditor of public accounts shall have the books of the commis-
sioners of the revenue prepared with reference to the separate assessments
and collection of said school tax, and the treasurers of the several
counties and cities of the Commonwealth shall have the tax bills in their
respective counties and cities so made out as to specify the amount of
tax due from each tax-payer to the said public free school fund, includ-
ing the capitation tax and school taxes of whatever kind or nature, and
to keep said capitation tax and school taxes separate and distinct from
all other taxes or revenues so collected by him, and forward the same
thus separate and distinct to the auditor of public accounts, which shall
be kept separate and distinct by him from all other taxes or revenues
until paid the public free schools.
§ 146. All acts and parts of act, inconsistent with the provisions of
this act, are hereby repealed.
2. The necessity 3 which .exists. for immediately removing the sonfusion
occasioned ly the nristakés’ -hereimbefore referred to creates an emergency,
and this -act+shall-be im force from’ its passage.