Chap. 186.—An ACT to provide for submitting the question of granting
license to manufacture ardent spirits to the qualified voters of the city
of Winchester and the county of Frederick and the county of Shenandoah.

Approved March 15, 1910.

1. Be it enacted by the general assembly of Virginia, That whenever
such of the qualified voters of the city of Winchester, or of each magis-
terial district in the county of Frederick, or in the county of Shenandoah,
or of any magisterial districts in either of said counties, as shall be equal
in number to one-fourth of the number of the persons voting at the pre-
ceding regular November election in such county, district or city, shall,
in term or vacation, petition the judge of the circuit or corporation court
of such county or city for a special election in such county, district or
city, on the question of granting or not granting a license to manufac-
ture ardent spirits therein, such court or judge shall, within ten days
after the receipt of said petition, issue a writ of election, in which shalt
be fixed the day of holding such election, directed to the sheriff of his
county, or sergeant of his city, as the case may be, whose duty it shall be
to forthwith post a notice of said election at each voting precinct in said
county, if the election is to be held in the whole county, or at each voting
precinct in any magisterial district when the election is ordered to be
held in such magisterial district at each voting precinct in said city.
He shall also give notice to the officers charged with the duty of conduct-
ing other elections in said county, magisterial district or city, as the cas¢
may be; but no election shall be held under this act within less than
thirty days from the posting of such notices as aforesaid. Said special
election shall be held and conducted as other special elections are held
and conducted. But no election hereunder shall be deemd to include any
town of one thousand inhabitants or over, nor shall the voters residing
therein vote at such election within such magisterial district unless such
town shall desire to avail itself of the provisions of this act in accordance
with section three and one-third thereof.
If it appears from the abstracts and returns that a majority of the
voles cast at such election were against granting license, no license shall
be granted for the manufacture of ardent spirits, or any mixture thereof,
within such county, magisterial district or corporation.

After any such election has been held in any county, magisterial dis-
trict or city there shall not be another election under this act held in said
county, magisterial district or city within four years.

2. The ballots to be used in said election shall be respectively as fol-
lows: “For licensing the manufacture of ardent spirits” and “Against
licensing the manufacture of ardent spirits.” The manner of recciving
and canvassing the ballots, and making returns and abstracts thereof,
shall conform in all respects to the requirements of the general election
law, except that the certificate of the judges shall be as follows:

“We hereby certify that at the election held on the

day of
——____, votes were cast for license for the manufacture of
ardent spirits, and — votes were cast against the manufacture of
ardent spirits.

A. B.,) E. F.,)
Clerks. G. IL, } Judges.”
C.D., J. K.,|

3. The proper official canvassers of general election returns shall can-
vass these returns in like manner as other election returns, and when the
election is held for the whole county they shall certify the number of
votes cast in said county, and also the number of votes cast in each magis-
teria] district for and against license to manufacture, respectively. When
the election is held for a magisterial district only they shall certify the
number of votes cast for and against license to manufacture, respec-
tively; and when the election is held for a city they shall certify the
number of votes cast therein for and against license to manufacture,
respectively ; a copy of such certificate in either case to be laid before the
circuit court of the county or corporation court, as the case may be, at
its next term.

314. Notwithstanding the election is held for the whole county, the
vote shall be by districts, and if it appears from the abstracts and re-
turns that a majority of the votes cast in any magisterial district has
been cast against licensing the manufacture of ardent spirits, no license
shall be granted for the manufacture of ardent spirits, or any mixture
thereof, in such district. If, on the other hand, it appears from the
abstract and returns that a majority of the votes in any magiserial dis-
trict has been cast in favor of granting license to manufacture ardent
Bpirits, then a license may be granted for the manufacture of ardent
spirits, or any mixture thereof, in such district. Where the election is
held in a magisterial district only, or in a city, if it appears from the
abstracts and returns that a majority of the votes in such election having
cast against license, no license shal] be granted for the manufacture of
ardent spirits, or any mixture thereof, in such district or city.

3 1-3. If any town of not less than one thousand inhabitants,
whether constituting a separate election district or not, shall desire to
avail itself of the provisions of this act, a petition of such of the qualli-
fied voters of such town as shall be equal in number to one-fourth of
the number of the persons voting at the preceding regular municipal
election may be presented, in term or vacation, to the judge of the circuit
or corporation court having jurisdiction in said town, who shall there-
upon order a special election in conformity with the provisions of the
four preceding sections; and if it appear from the abstracts and returng
that a majority of the votes cast in such election were against license to
manufacture, no license shall be granted for the manufacture of ardent
spirits, or any mixture thereof, within the corporate limits of such
town. After an election in any town has been held under this act no
other election shall be held in said town until after the expiration of
four years from the date of such election.

4. No election under this act shall be held within thirty days of any
county, corporation, State or national election.

5. Returns in elections held under this act shall be subject to the
inquiry, determination and judgment of the circuit court of the county
or corporation court of the city wherein the election was held, upon com-
plaint of fifteen or more qualified voters of such county, corporation or
district, of an undue election of false return. The complaint shall fully
set out the grounds of contest, and if any votes were improperly received
or rejected, shall give a list of said votes, with objections to the action
of the judges of election in receiving or rejecting the same. ‘Two of the
persons making the complaint shall take and subscribe an oath that the
facts therein stated are true to the best of their knowledge and belief.
The complaint shall be filed in the office of the clerk of the circuit court
of the county and of the clerk of the corporation or hustings court of
the city or town in which such election is held. Notice of contest,
stating that the complaint has been filed in the clerk’s office, shall be
given by posting the same at the courthouse door and at two or more
public places in said county, district, city or town, as the case may be,
and by publishing it once a week for two successive weeks in some news-
paper published in said county, city or town, or if there be none so pub-
lished, then in some newspaper having circulation in said county, dis-
trict or town. If it is desired to take depositions, the time and place of
taking the same shall be stated in said notice, which shall entitle the
parties giving the same to take the depositions to be read as evidence in
said contest. Said complaint shall be filed and notice given within ten
days after the election, otherwise the complaint shall not be valid. Any
one or more persons who voted at such local option election may, within
thirty days from the said election, file in said clerk’s office an answer to
said complaint, in which any of the allegations of the same may be de-
nied, and any statement made going to show the regularity of said elec-
tion and the propriety of the action of the judges of election in receiving
or rejecting the votes set out in said complaint, and a list of the votes
he or they will dispute. And if said respondents desire to take depo-
sitions, notice thereof shall be given to any one or more of the persons
signing said complaint. Tf no answer is filed to the complaint within
thirty ‘days from the election, no one shall] be heard to deny the allega-
tions of the complaint, but the persons making the same shall prove the
allegations thereof to the satisfaction of the court. The circuit court of
the county, or the corporation or hustings court of the corporation, in
which the election is held, at the next term after the expiration of thirty
days from said election, shall proceed to pass upon said complaint with-
out a jury, on such depositions as may have been taken under the notices
aforesaid, and upon such other legal testimony as may be adduced by
either party at the hearing of the case. In judging of such election and
return, the court shall proceed on the merits thereof, and decide the
same on the Constitution and laws, and according to the right of the
case, and enter such order as will carry its decision into full and com-
plete effect. And the judgment of said court shall be final. When the
complaint is answered, costs shall be given in favor of the parties sub-
stantially prevailing.

6. If any person or corporation manufactures any ardent spirits, or
any mixture thereof, in any county, magisterial district or corporation
voting, as hereinbefore provided, against the granting of license to manu-
facture ardent spirits therein, such person or corporation shall be liable
to all the penalties imposed for the sale of ardent spirits without license.

7. It shall be lawful for a licensed manufacturer of ardent spirits
debarred from the exercise of his privilege under his license by reason
of the result of an election held under the provisions of this act to con-
tinue to manufacture under said license for the purpose of disposing of
his stock on hand for a period of ninety days after such election is held:
provided, that this provision shall not be construed as authorizing the
exercise of the privilege under the license beyond the time for which
the license was originally granted. Such a proportion of the money
paid to the State, city or town for such license shall be refunded by the
State, city or town to such manufacturer of ardent spirits so deprived
of such license as the unexpired portion of the period of time for which
the license was granted during which such dealer is so deprived of his
license bears to the whole period for which the license was granted.
Such manufacturer may apply to the clerk of the court by which the
license was granted for a certificate which shall set forth the time when
said license was granted, the time when it began, the period for which
it was granted, the time when it was revoked by such election, and the
number of months for which said license would have continued in force
if it had not been so revoked; the amounts originally paid for such
license to the State, city or town, respectively, and their pro rata amounts
to be refunded by the State, city or town, respectively, to such dealer.
Upon the filing of said certificate, or copies thereof, with the auditor of
public accounts and the council of said city or town, the auditor shall
issue his warrant upon the treasurer of the State for the sum to be re-
funded by the State, and the council of the city or town shall order to be
paid the sum to be refunded by said city or town to such manufacturer
or his legal representatives.

8. All mixtures, preparations and liquids which will produce in-
toxication shall be deemed adrnet spirits within the meaning of this act,
and this definition shall include beer, malt liquors, whiskey, wine, brandy,
or any mixture thereof, fruits preserved in spirits and alcoholic bitters.

9. The provisions of this act shall not apply to the manufacture of
pure cider.