Chap. 146.—An ACT to define ardent spirits and to prohibit the manu-
facture, use, sale, offering for sale, transportation for sale, keeping
for sale, and giving away of ardent spirits as herein defined, except
as provided herein; to prohibit advertisement of such ardent spirits;
to prescribe the jurisdiction for trial and appeals of cases arising
under this act; to prescribe the force and effect of certain evidence
and prosecutions for violation of this act; to create the office of com-
missioner of prohibition and to define his duties and powers and com-
pensation; defining intoxication and who is a person of intemperate
habits within the meaning of this act; prescribing certain rules of
evidence in certain prosecutions under this act; exempting ‘certain
counties and cities from certain provisions of this act and authorizing
additional restrictions and limitations beyond the provisions of this
act as te sale, manufacture or delivery of ardent spirits in certain
counties and cities; to provide for the enforcement of this act and to
prescribe penalties for the violation of this act; to appropriate out of
the treasury of the State necessary moneys for the enforcement of
this act; and to repeal all acts or parts of acts in conflict with this
act. (S. B. 188.)
Approved March 10, 1916.

Be it enacted by the general assembly of Virginia as follows:

Section 1. The words ardent spirits, as used in this act,
shall be construed to embrace alcohol, brandy, whiskey, rum,
gin, wine, porter, ale, beer, all malt liquors, absinthe and all
compounds or mixtures of any of them; all compounds or mix-
tures of any of them with any vegetable or other substance;
and also all liquids, mixtures or preparations, whether patented
or otherwise, which will produce intoxication ;:fruits preserved
in ardent spirits, and all beverages containing more than one-
half of one per centum of alcohol by volume, except as herein
provided.

Sec. 2. The word person, as used in this act, shall be con-
strued to embrace all natural persons, firms, corporations, com-
binations and associations of every kind.

Sec. 3. After November first, nineteen hundred and six-
teen, it shall be unlawful for any person in this State to manu-
facture, transport, sell, keep, or store for sale, offer, advertise or
expose for sale, give away or dispense or solicit m any way,
or receive orders for or aid in procuring ardent spirits, except
as hereinafter provided.

This act insofar as it affects the storing or transportation
out of this State, shall not apply to ardent spirits manufactured
prior to January first, nineteen hundred and sixteen, and stored
in United States bonded warehouses in the custody of the United
States collector of internal revenue, and the said ardent spir-
its, when tax paid and in transit from such warehouses to
points outside of this State where said ardent spirits may be
legally sold or stored.

The officers in charge of any dispensary, selling ardent spir-
its under.the authority of the State of Virginia, are hereby
granted the right to transport out of the State to a point where
ardent spirits can be legally sold, any ardent spirits which are
the property of said dispensary, provided that no such ship-
ment can be made after November first, nineteen hundred and
sixteen.

Sec. 4. Any person who shall violate any of the provisions
of section three, of this act, or any person, except a common
carrier, who shall act as the agent or employee of such manu-
facturer or such seller, or person in so keeping, storing, offer-
ing or exposing for sale such ardent spirits, or act as the agent
or employee of the purchaser in purchasing such ardent spir-
its, except as herein provided, shall be deemed guilty of a mis-
demeanor for the first offense, and of a felony for a second
or any subsequent offense committed after the first conviction;
provided that the offense of drinking, giving away, or receiv-
ing ardent spirits contrary to the provisions of this act, shall
not be deemed a felony in any case; and provided further that
the purchasing or having in possession by any person of ardent
spirits for personal use, shall in no case be deemed a felony,
but the burden of proof that said ardent spirits are for per-
sonal use shall be upon the defendant.

Sec. 5. Any person who shall violate any provision of this
act, shall, except as otherwise herein provided, be deemed guilty
of a misdemeanor, and be fined not less than fifty dollars nor
more than five hundred dollars, and be confined in jail not less
than one nor more than six months. The penalty for the sec-
ond or any subsequent offense committed after the first con-
viction, which is not declared a felony in this act, shall be a
fine of not less than one hundred dollars, nor more than five
thousand dollars, and imprisonment in jail for not less than
six months nor more than one year. Whenever, in this act,
the violation of any provision is declared a felony, the person
convicted of such violation shall be punished by confinement
in the penitentiary for not less than one nor more than five years,
or, in the discretion of the jury, by confinement in jail not less
than six nor more than twelve months and by a fine not exceed-
ing five hundred dollars.

Sec. 6. In case of a sale in which a shipment or delivery
of such ardent spirits is made by a common or other carrier,
the sale thereof shall be deemed to be made in the county or
city wherein the delivery thereof is made by such carrier to
the consignee, his agent or employee. A prosecution for such
sale may likewise be had in the county or city, wherein the
seller resides or from which the shipment is made.

Sec. 7. While any good and sufficient indictment may be
used, an indictment for any first offense under sections three,
four and five, of this act, shall be sufficient if substantially
in the form or to the effect following:

“State of Virginia............ 006.
County of...........c ccc cceee to-wit:
In the circuit court of ............00200. county :

The grand jurors in and for the body of said county of
wwe cece ee ees and now attending said court at its .........
term, nineteen ...............- , upon their oaths, do present
that ..........000: within one year next prior to the finding
of this indictment, in the said county of ............... , did
unlawfully manufacture, sell, offer, keep, store and expose for
sale, give away, dispense, solicit, advertise and receive orders
for ardent spirits, against the peace and dignity of the Common-
wealth of Virginia.”

And if it be a second offense, it shall be so stated in the in-
dictment returned, and the prosecuting attorney shall introduce
before the trial court, evidence of said former conviction, and
shall not be permitted to use his discretion in charging said
second offense, or in introducing evidence and proving the same,
on the trial, provided that the failure to charge former convic-
tion shall not invalidate the indictment.

If the offense is committed in a city the word “city” shall
be substituted for county, the proper court having jurisdiction
substituted for circuit court, and the name of the city for the
name of the county.

Sec. 8. The provisions of this act shall not be construed
to prevent any person from manufacturing for his domestic
consumption at his home, but not to be sold, dispensed or given
away, except as hereinafter provided, wine or cider from fruit
of his own raising; or to prevent the manufacture from fruit
of cider for the purpose of making vinegar, not used as a bev-
erage; and non-intoxicating cider, containing not more than
one per centum of alcohol by volume, for use or sale; or to
prevent the manufacture and sale, as hereinafter provided, at
wholesale, to druggists, only of pure grain or fruit or ethyl
alcohol, for medicinal, pharmaceutical, scientific and mechani-
cal purposes, or of wine for sacramental purposes for use by
religious bodies; or to prevent the sale and keeping and stor-
ing for sale by druggists, of pure grain or fruit or ethyl alco-
hol, and of pure whiskey and pure brandy, for mechanical,
pharmaceutical, medicinal and scientific purposes, or of wine
for sacramental purposes for use by religious bodies, provided,
however, that nothing in this act nor in any section thereof
shall have any application whatever to denatured alcohol or
denatured rum intended for use only in the industrial or me-
chanical arts, including especially the manufaciire of tobacco,
cigarettes, cheroots or cigars, where the sarre is brought or
shipped into the State under bond and there kept and stored
under bond, in strict compliance with the United States Internal
Revenue Laws and Regulations, until actual’y applied to the
uses above mentioned and none other whatsoever, or to pre-
vent the sale or gift and keeping and storing for sale by drug-
gists and general merchants or others duly licensed by exist-
ing laws of any medicinal preparations manufactured in ac-
cordance with formulas prescribed by the United States phar-
macoepia and national formulary patent and proprietary prepa-
rations and other bona fide medicinal and technical prepara-
tions which contain no more alcohol than is necessary to extract
the medicinal properties of the drugs contained in such prepara-
tions, and no more alcoho] than is necessary to hold the medici-
nal agents in solution and to preserve the same, and which are
manufactured and sold as medicine and not as beverages; or
to prevent the manufacture and sale of toilet, medicinal and
antiseptic preparations and solutions not intended for internal
human use, nor to be sold as beverages, and upon the outside
of each bottle, box or package of which is printed in English
conspicuously and legibly and clearly the quantity by volume of
alcohol in such preparations; or to prevent the manufacturing
or keeping for sale of the food product known as flavoring ex-
tracts which shall be so manufactured or sold for cooking and
culinary purposes only, and not to be sold for beverage pur-
poses, provided that it shall not be lawful to manufacture or
sell any toilet medicinal, antiseptic preparations or solutions,
or any flavoring extracts or patent or proprietary medicines
or preparations, the manufacture or sale of which requires
the payment of the United States liquor dealer’s tax. _

It shall be unlawful for any person to sell such toilet, medici-
nal, antiseptic preparations or solutions or flavoring extracts or
patent or proprietary medicines or preparations for beverage
purposes in the guise of flavoring extracts or medicines, and it
shall be unlawful for anyone but a licensed pharmacist to sell,
dispense or give away to the consumer the extract, essence or
tincture of Jamaica ginger, and such pharmacist only upon the
prescription of a regular licensed physician, and then only upon
the same conditions as ardent spirits are sold under the pro-
visions of this act.

Nothing in this section shall be construed to prevent the man-
ufacture and transportation for sale outside of the State of the
extract, essence, or tincture of Jamaica ginger into territory
where the same may be legally sold.

The manufacturers of flavoring extracts, or of toilet, medi-
cinal, antiseptic preparations or solutions, patent or proprietary
medicines or preparations permitted to be manufactured by this
act shall be permitted to purchase and to store ardent spirits or
alcohol necessary for the manufacture of said articles, but not
to be sold or given away, provided that such manufacturer must
secure a license from the court under the same conditions as
provided in this act for the granting of license to sell ardent
spirits to druggists and provided that said manufacturers shall
make the monthly report as is required of druggists by this act.
But no druggist shall sell any such grain, ethyl, or fruit alcohol,
or pure whiskey, or pure brandy, except for medicinal, scientific,
pharmaceutical, or mechanical purposes, or wine for sacramental
purposes for use by religious bodies only, except as herein-
after provided, and the same shall not be sold by such drug-
gists for medicinal purposes, except upon written prescription
of a physician in active practice of good standing in his pro-
fession, and not of intemperate habits, or addicted to the use of
any narcotic drug, prescribing the quantity of alcohol, pure
whiskev or nure brandv, designating the said amount in frac-
tions of a pint, or quart, the disease or malady for which it is
prescribed, how it is to be used, the name of the person for
whom prescribed, the number of previous prescriptions for ar-
dent spirits given by such physician to such person within six
months next preceding the date of such prescription, and stating
that the same is absolutely necessary for medicine, and not to be
used as a beverage, and that such physician, at the time such
prescription was given, made a careful, personal physical ex-
amination of such person; and only one sale, not exceeding one
pint of whiskey or brandy or not exceeding one quart of pure
fruit or grain alcohol shall be made upon such prescription,
which shall at all times be kept on file by the druggist filling the
same, and open to the inspection of all State, county, and munici-
pal officers, their deputies and inspectors. It shall be the duty
of the druggist to register in an alphabetically arranged book,
kept exclusively for the purpose of registering prescriptions and
affidavits, all prescriptions from physicians mentioned in this
section in the following order: The name of the physician, the
name of the person prescribed for, the quantity of alcohol, pure
whiskey or pure brandy, and the use for which prescribed, and
shall endorse on the prescription or affidavit the date upon
which the prescription was filled, and the name of the druggist
or firm filling said prescription, or making said sale, and such
book shall at all times be open for the same inspection as the
prescription.

sec. 9. It shall be lawful for wholesale and retail druggists
to sell pure grain or fruit alcohol for scientific, pharmaceutical
and mechanical purposes, or wine for sacramental purposes, for
use by religious bodies, only to a person, not a minor, nor of in-
temperate habits and not addicted to the use of any narcotic
drugs, who shall at the time and place of sale, if bought in per-
son, make an affidavit in writing, signed by himself, before such
druggist, or a registered pharmacist, then in the employ of such
druggist, or, if not bought in person, before any person author-
ized by law to administer oaths, stating the quantity, when,
where and fully for what purpose and by whom such alcohol or
wine is to be used, and that the affiant is not a minor nor of in-
temperate habits and not addicted to the use of any narcotic
drugs. Such affidavit shall be filed and preserved by the druggist
selling the alcohol and wine and be subject to the inspection
at all times by any State, county or municipal officer, their depu-
ties or inspectors, and a record thereof made by such druggist
in the record book for prescriptions and affidavits herein men-
tioned, showing date of affidavit, by whom made, the quantity
of such alcohol, or wine, and when, where, for what purpose
and by whom to be used. Only one sale shall be made upon such
affidavit, and for no greater quantity than is therein specified.
The person offering said prescription to be filled, or making said
affidavit, shall certify to the correctness of the record in said
record book, by recording his signature opposite said record of
said prescription or affidavit. For the purpose of this act, any
registered druggist or pharmacist making such sale, shall have
authority to administer the oaths required by this section.

If any druggist, owner of a drug store, registered pharmacist,
clerk, or employee shall, knowingly, sell or give away such alco-
hol, pure whiskey, pure brandy or wine, to any one to be used
for any purpose other than that named in said prescription or
affidavit (provided that no whiskey or brandy shall be sold ex-
cept upon prescription), or shall sell or give away any ardent
spirits without such prescription or affidavit, he shall be deemed
guilty of a misdemeanor, and in addition to the penalty pre-
scribed for a misdemeanor by this act, the license of such drug-
gist to sell ardent spirits shall be revoked by the court for a
period of one year, and all ardent spirits in possession of said
druggist, or in the said drug store, or on the premises connected
therewith, shall be destroyed by order of the court; for a sec-
ond or a subsequent offense, in addition to the penalty prescribed
for a misdemeanor by this act, the license of the said druggist
to practice pharmacy shall be revoked forthwith, and all ardent
spirits in the possession of said druggist, or in the said drug
store, or on the premises connected therewith, shall forthwith
be destroyed, by order of the court, and the court shall forthwith
certify the fact of the revocation of said license to the authority
granting such license, which order of revocation shall forthwith
be made a matter of record by said authority, and shall act as
a bar to the granting of license to said druggist in the future.

Nothing in this act shall be construed to prevent dentists,
physicians and veterinary surgeons from purchasing in accord-
ance with the provisions of this section of this act, pure fruit or
ethyl] or grain alcohol to be used in the practice of their profes-
sions and for no other purpose whatsoever.

Sec. 10. In any prosecution against a druggist, owner of
a drug store, registered pharmacist, clerk or employee, for sell-
ing or giving ardent spirits contrary to law, if such sale or gift
be proven, it shall be presumed to be unlawful in the absence of
satisfactory proof to the contrary, but the presentation of such
prescription or affidavit by the defendant on trial shall be suffi-
cient to rebut the presumption arising from the proof of such
sale or gift; provided the jury shall believe from all the evidence
in the case that such sale or gift was made in good faith under
the belief that such prescription or affidavit and the statements
therein were true; and provided, further, that such druggist,
owner of a drug store, registered pharmacist, clerk or employee
shall have complied with all other provisions of this act relating
to such sale or gift; and provided further, that if any clerk or
employee in a drug store other than the druggist, owner of said
drug store, shall sell or give away any ardent spirits contrary to
the provisions of this act, upon conviction of said clerk or
employee, said druggist, or owner of. said drug store, may be-
fore trial and the revocation of the license and the destruction
uf the ardent spirits in his possession as required in section nine,
be permitted to present to the court evidence that said sale or
gift was without his knowledge, consent, acquiescence or conni-
vance, and if the court is convinced from said evidence that said
druggist, or owner of said drug store was not in any sense a
party to the violation of this act by his clerk or other employee,
then said druggist or owner of a drug store shall not be deemed
guilty of the violation of said section nine of this act by reason
of the violation thereof by his clerk or employee.

If any druggist or owner of a drug store, who has been duly
notified that any clerk or employee has been convicted of a vio-
lation of any of the provisions of this section, shall fail at once
to discharge said clerk or employee permanently, he shall be
guilty of a misdemeanor, and upon conviction, shall be fined not
less than one hundred nor more than five hundred dollars, and
for any subsequent offense shall be fined not less than one hun-
dred nor more than five hundred dollars, and be confined in jail
not less than one nor more than six months, and if any regis-
tered pharmacist shall be convicted of the violation of this sec-
tion, he shall, in addition to the penalties provided for such vio-
lation, forfeit his license as a registered pharmacist for a period
of two years. ;

Sec. 11. While any good and sufficient indictment may be
used, an indictment against any druggist, owner of a drug store,
registered pharmacist, clerk or employee, for any offense com-
mitted under the provisions of this act relating to druggists,
shall be sufficient if substantially in the form and to the effect
following:

“Commonwealth of Virginia,
County of .............. , to-wit:

In the circuit court of said county:

The grand jurors in and for the body of said county of
beeveweesens and now attending said court at its
term, 19..., upon their oaths do present that ..............
within one year next prior to the finding of this indictment in
the said county Of ............0.. , did unlawfully sell, give
away, offer, dispense, expose, keep and store for sale and gift,
ardent spirits against the peace and dignity of the Common-
wealth of Virginia.”

And if it be a second offense, it shall be so stated in the in-
dictment returned, and the prosecuting attorney shall intro-
duce before the trial court evidence of said former conviction,
and shall not be permitted to use his discretion in charging said
second offense, or in introducing evidence or proving the same
on the trial. Provided, that the failure to charge a former
conviction shall not invalidate the indictment.
If the offense is committed in a city, the word city shall be
substituted for county, the court having jurisdiction substituted
for circuit court, and the name of the city for the name of the
county.

Sec. 12. If any person who is of intemperate habits or ad-
dicted to the use of any narcotic drug shall make the affidavit
hereinbefore mentioned, or if any person making such affidavit
shall use as a beverage, or for any purpose, or at any place other
than that stated in the affidavit, or shall knowingly permit
another to make use of said alcohol or wine, or any part thereof,
or shall knowingly make any false statement in such affidavit,
he shall be guilty of a misdemeanor.

Sec. 13. If any physician who is not in active practice, or
who is not in good standing in his profession, or who is of in-
temperate habits, or addicted to the use of any narcotic drug
shall issue any such prescription as is. mentioned in this act,
or if any physician shall issue such prescription without at the
time making a careful, personal physical examination of the per-
son for whom the ardent spirits are prescribed, or shall pre-
scribe ardent spirits for any person who he knows or has reason
to believe is in the habit of drinking to intoxication, unless it is
prescribed bona fide and solely for medical purposes as a neces-
sary treatment, when the patient is confined to his bed or in
some hospital or institution as a result of alcoholism, or shall in
his prescription make any false statement, or shall prescribe
ardent spirits when such ardent spirits are plainly not a remedy,
or shall resort to any shift or device by which ardent spirits may
be improperly procured, he shall be deemed guilty of a misde-
meanor, and in addition to the penalty prescribed for a misde-
meanor by this act, for the first offense under this act, the court
may in its discretion suspend the license of such physician for a
period of six months, and for a second offense in addition to
the penalty prescribed for a misdemeanor by this act the court
shall suspend such license for a period of twelve months, and for
any subsequent offense in addition to the penalty prescribed for
a misdemeanor by this act, the court shall forthwith revoke
the license of said physician, and shall forthwith certify the fact
of the revocation of said license to the authority granting said
license, which order of revocation shall forthwith be made a
matter of record by said authority, and shall act as a bar to the
granting of license to said physician in the future.

Sec. 14. Before a druggist shall sell ardent spirits on pre-
scription, or pure fruit, ethyl, or grain alcohol for scientific, me-
chanical or pharmaceutical purposes, or wine for sacramental
purposes on affidavit as provided in this act, he must procure a
license to do so from the circuit court of the county, or the cor-
poration or hustings court of the city.

Before making application for such license notice must be
posted and continuously kept on the front door of the store in
which the privilege is to be exercised for at least thirty days
before making the application, stating the court before which
and the time at which the application will be made for license
to sell pure fruit, ethyl and grain alcohol, pure whiskey and pure
brandy and wine for sacramental purposes. Such notice shall
be published once a week for three successive weeks in some
newspaper published in the county or city, and if there is no
newspaper published in the county in which the privilege is to
be exercised, the notice shall be published in some newspaper of
general circulation therein. The applicant shall, in the event
that a license is granted, obtain from the commissioner of the
revenue, upon the payment of the usual fee, the proper certifi-
cate, but no tax shall be required for the exercise of said
privilege.

Before the court shall grant any such license, the judge there-
of shall be satisfied that the person making the application
is a qualified voter of the State and of good moral character,
is a registered pharmacist in good standing, or employs a reg-
istered pharmacist, that he has in his store drugs, belonging
to him, and not including patent medicines and drugs to be
sold on commission, of the value of one thousand dollars (whole-
sale price), provided that in towns of less than five hundred
inhabitants the value of the stock of drugs referred to above
shall be not less than five hundred dollars, wholesale value, and
carries on in good faith the business of a druggist; that he is
not of intemperate habits or addicted to the use of any nar-
cotic drugs; that he is a person of good character and will ob-
serve the laws controlling the sale of ardent spirits and alcohol;
that the applicant has presented satisfactory proof that there
is a necessity existing for the granting of such license, and that
the sale of ardent spirits at that place and by such applicant
will not be contrary to sound public policy or injurious to the
moral or material interests of the community. And provided,
further, that in no case shall a license be granted if a majority
of the voters qualified to vote at the last preceding general elec-
tion petition the court not to grant such license in the following
cases, namely: in a town of over one thousand inhabitants, the
petition shall be signed by a majority of the said qualified voters
of such town; in a town under one thousand inhabitants, the
petition shall be signed by a majority of said qualified voters
of the town and district in which said town is situated; if in the
district the petition shall be signed by a majority of said quali-
fied voters of the district and towns of less than one thousand
inhabitants in said district.

The court may also in its discretion issue to any person, a
qualified voter of the State and of good moral character, a license
to manufacture pure fruit, ethyl, and pure grain alcohol to be
sold only to licensed druggists and to manufacturers of prepa-
rations, the manufacture and sale of which are permitted by
this act, and not to be sold for transportation out of the State,
and a license to wholesale druggists only to sell pure grain,
ethyl, and fruit alcohol, to any druggist, or other person for
scientific, pharmaceutical and mechanical purposes, or wine for
sacramental purposes for use by religious bodies under the pro-
visions of section nine of this act; and pure grain, ethyl, and
fruit alcohol, pure whiskey, pure brandy, and wine for sacra-
mental purposes to retail druggists in Virginia only, licensed
under this act, and pure grain, ethyl or fruit alcohol to retail
druggists outside of the State of Virginia, where the sale thereof
is permitted by law; provided that any citizen may appear per-
sonally or by counsel in opposition to the granting of any license
herein provided for.

Each retail and wholesale druggist shall file a sworn state-
ment with the clerk of the circuit court on or before the fifth of
each month, stating the amount of pure fruit, ethyl, and grain
alcohol, pure whiskey and pure brandy and wine on hand on the
first of the previous month, the amount received during the pre-
vious month, and the amount on hand on the date the statement
is made. Nothing in this act shall prevent the superintendent
of a hospital from ordering, purchasing or receiving ardent spir-
its, or the superintendent of a chemical laboratory from order-
ing, purchasing or receiving pure grain, ethyl or pure fru't alco-
‘hol for the use of the hospital or laboratory, not to be used con-
trary to the provisions of this act, and nothing shall prevent
common carriers from transporting and delivering such ardent
spirits and alcohol to such hospitals or laboratories having license
to order and receive the same, but before ordering or receiving
said ardent spirits or alcohol, the hospital or laboratory shall
procure license from the court under the same conditions as
license is granted to druggists; provided, further, that it shall be
unlawful for any hospital to sell ardent spirits, except upon
prescription to its own patients under the same restrictions and
reports required of druggists; and provided, further, that chem-
ical laboratories shall make report as required of druggists of
the disposition and use of al! aleohal received by them.

If the license is granted, the applicant shall give bond in
the penalty of not less than one thousand dollars, nor more than
ten thousand dollars, as the court may require, with security to
be approved by the court and with condition that he will not
dispense cr sell any ardent spirits or alcohol, except under and
in accordanve with the provisions of this act; provided, nothing
in this act shall prevent the manager of any hotel from ordering
or receiving ardent spirits, wines, or alcohols which shall be used
for cooking, culinary purposes only, or externally with massage
in connection with baths; and not to be used contrary to the
provisions of this act; and nothing in this act shall prevent com-
mon carriers from transporting and delivering such ardent spir-
226 ACTS OF ASSEMBLY. |

its, wines and alcohols to such hotels having license to order and
receive the same; but before ordering or receiving such ardent
spirits, wines or alcohols, the hotel shall procure a license from
the court, as hereinafter provided; and provided, further, that
such ardent spirits, wines or alcohols shall be used in no other
manner than for cooking or any culinary purpose, or to be used
externally with massage in connection with baths, where baths
are given in said hotel or bath houses connected therewith.

Before a manager of a hotel shall receive any such ardent
spirits, wines or alcohols, he, or the owner of said hotel, must
procure a license to do so from the circuit court of the county,
or the corporation or hustings court of the city in which such
hotel is located.

Before making application for such license, notice must be
posted and continuously kept in a conspicuous place in the office
of the hotel in which the privilege is to be exercised, for at least
thirty days before making the application, stating the court be-
fore which and the time at which the application will be made
for license to have and use such ardent spirits, wines and alco-
hols. Such notice shall be published once a week for three suc-
cessive weeks in some newspaper published in the county or
city, and if there is no newspaper published in the county
in which the privilege is to be exercised, the notice shall be pub-
lished in some newspaper of general circulation therein.

Before the court shall grant any such license, the judge there-
of shall be satisfied that the manager of said hotel making
the application is of good moral character, is a hotel man-
ager in good standing, that the hotel for which license is sought
is a reputable one in which the business of keeping. a hotel is
carried on in good faith by the owner or lessee thereof; that
said manager is not of intemperate habits or addicted to the
use of any narcotic drugs; that he will observe the laws con-
trolling the use of such ardent spirits, wines and alcohols; that
the applicant has presented satisfactory proof that there is a
necessity existing for the granting of such license; provided that
any citizen may appear personally or by counsel in opposition to
the granting of any license herein provided for.

Each manager of any licensed hotel shall file a sworn state-
ment, with the clerk of the court which granted the license, on
the first of each month, stating the amount of ardent spirits,
wines and alcohols on hand on the first of the previous month,
the amount received during the previous month and the amount
on hand on the date the statement is made.

If the license is granted, the applicant shall give bond in
the penalty of not less than five hundred dollars, nor more than
twenty-five hundred dollars, as the court may require, with se-
curity to be approved by the court and with condition that
said applicant will not use or dispose of any ardent spirits, wines
or alcohol, except under and in accordance with the provisions
of this act. The following counties are hereby exempted from
the operation of so much of this section as permits the posses-
sion and use by hotels of ardent spirits for cooking or culinary
purposes or externally with massage in connection with baths:
Smyth, Russell, Scott, Prince Edward, Grayson, Giles, Bland,
Prince William, Accomac, Louisa, Carroll, Orange, Northampton,
Southampton, Washington, Mathews, Middlesex, Lee, Tazewell,
Buchanan, Henry, Wise, Dickenson, Rockingham, Greensville,
Sussex, Floyd, Brunswick, Spotsylvania, Culpeper and the cities
of Danville and Roanoke.

Nothing in this act shall be construed to apply to wood or de-
natured alcohol, the manufacture or sale of which does not re-
quire the payment of United States liquor dealers’ tax.

Sec. 15. Nothing in this act shall be construed to prevent
a duly licensed druggist or manager of a hotel licensed under
this act, from having shipped to him, or to prevent any trans-
portation company from delivering to him, pure brandy, pure
whiskey, ale, beer, wine and pure fruit, ethyl and grain alcohol,
in such quantities and at such times as said druggist or manager
of a hotel licensed under this act may deem necessary. But
before any shipment is delivered, the consignee shall sign a
record, to be made and kept by the transportation company,
which shall state the name of the shipper, the kind and quantity
of the ardent spirits shipped, the date of shipment and of de-
livery, and the consignee shall make an affidavit before some per-
son authorized to administer an oath that the brandy, whiskey,
wine, ale, beer, pure fruit and grain alcohol included in the
shipment are to be sold, dispensed or used according to the
provisions of this act. Any druggist or manager of a hotel
licensed under this act, failing to comply with any of the pro-
visions of this section, or who shall make a false affidavit, shall
be guilty of a misdemeanor; provided, that in the counties of
Roanoke, Halifax, Bedford, Grayson, Smyth, Russell, Scott, Lee,
Floyd, Augusta, Pittsylvania, Washington, Bland, Giles, Pu-
laski, Prince William, Southampton, Rockingham, Princess
Anne, Amherst, Accomac, Carroll, Lunenburg, Prince Edward,
Patrick, Brunswick, Henrico, Chesterfield, Campbell, Loudoun,
Orange and Northampton, Montgomery and Louisa and the cities
of Roanoke, Staunton, Danville and Richmond and Radford it
shall not be lawful for druggists to purchase, store or sell ar-
dent spirits, except wine for sacramental purposes and pure
fruit, ethyl and grain alcohol for medicinal, scientific, mechani-
cal or pharmaceutical purposes, as provided in this act.

Sec. 16. It shall be unlawful for ardent spirits to be kept,
stored, sold, distributed, given away, or used in or at any club
house, fraternity house, lodge or meeting place, whether such
meeting place is a house, room, boat, car, or any place in any
building, or in the open air, on land or water, or in any place,
except in a bona fide “home” as hereinafter provided. Every
person who shall directly or indirectly, or by association with
others, keep or maintain or in any manner aid, assist or abet in
keeping or maintaining any such club house, fraternity house,
lodge or meeting place of any corporation, association or com-
bination, or any place in which ardent spirits are received or
kept for the purpose of use, gift, barter or sale, or for distribu-
tion, or individual use by means of lockers or otherwise, or for
division among the members of any club, fraternity, lodge, cor-
poration, association or combination by any means whatsoever;
and every person who shall use, barter, sell, store or give away,
dispense or assist or abet in bartering, selling, storing or giv-
ing away in individual lockers or otherwise, any ardent spirits
so received or kept, shall be deemed guilty of a misdemeanor,
and upon second offense shall be guilty of a felony, and in all
cases the members, shareholders or guests in any club, fraternity,
lodge, association, corporation or combination mehtioned in this
section shall be competent witnesses to prove any violation of
the provisions of this section of this act, or of any fact tending
thereto.

sec. 17. It shall be unlawful to deliver to, receive in, keep,
store, dispense, give away or use ardent spirits, in a place re-
puted to be a house of prostitution, or in any place, except as
provided in this act. Any violation of this provision shall be
deemed a misdemeanor; a second or subsequent violation shall
be deemed a felony.

Sec. 18. The keeping, storing, or giving away of ardent
spirits, or any shift, or device whatever, to evade the provisions
of this act, shall be deemed unlawful within the provisions of
this act, and shall be punished as unlawful selling is punished.

Sec. 19. It shall be unlawful (1), to advertise upon any
street car, railroad car or other vehicle of transportation, or
any public place or resort, or upon any sign or billboard, or by
circular, poster, price list, newspaper, periodical, or otherwise
within this State ardent spirits, or to advertise the manufac-
ture, sale, keeping for sale or furnishing of the same, or the
person from whom, or the firm or corporation from which, or
the place where, or the price at which, or the method by which
the same or any of them may be obtained; provided that manu-
facturers and wholesale druggists licensed under this act shall
be permitted to send price lists to those to whom they are per-
mitted to sell ardent spirits under this act; (2) to circulate or
publish any written or printed matter, other than newspapers
and periodicals published beyond the confines of this State for
which an obligation has been incurred or money paid, in which
any advertisement in this section specified shall appear, or to
permit any sign, or billboard, containing such advertisement to
remain upon one’s premises; or to circulate any price list, order
blank or other matter for the purpose of inducing or securing
orders for such ardent spirits no matter where located. Any
sheriff, constable or police officer is authorized to remove any
such advertisement from any sign, billboard, or other public
place when it comes to his notice, and shall do so upon demand
of any citizen.

Any advertisement or notice containing the picture of a brew-
ery, distillery, bottle, keg, barrel, or box, or other receptacle rep-
resented as containing ardent spirits, or designed: to serve as an
advertisement thereof, shall be within the inhibition of this sec-
tion. Nothing in this act shall be construed as prohibiting any
person from giving away without any compensation therefor any
paper or magazine which he has received by mail, or which he
has brought into the State in person, provided that such gift,
shall not be a subterfuge or device, or a violation of the provis-
ions of this act, forbidding the circulation of newspapers, peri-
odicals, or other, written or printed matter containing any ad-
vertisement of ardent spirits; (3) it shall be unlawful for any
newspaper or periodical published in this State to print in its
columns statements concerning the liquor traffic, for which the
said newspaper or periodical receives compensation of any kind,
without printing at the beginning and at the close of said state-
ments in type of the same size used in the body of the said ar-
ticle the following statement: “Printed as paid advertising.”

When any violation of any of the provisions of this section
of this act shall have occurred, the continuation and repetition
of the unlawful act or any of like kind by the offending person,
firm or corporation, may be prevented by a writ of injunction
issued by a court of equity or by the judge thereof in vacation,
upon a bill filed in the name of the State of Virginia by the at-
torney general, or by any attorney for the Commonwealth in any
county or city, or by any citizen or citizens of the county or city
in which the offense has been committed; and all rules of evi-
dence, practice and procedure that pertain to courts of equity
generally in this State may be invoked and applied, as well as
the rules and practice prescribed for bills in equity to abate ‘nuis-
ances, as far as the same are applicable. All persons, whether
agents, servants or officers of corporations, or agents or servants
of individuals aiding or abetting in the commission of the of-
fense, may be made parties defendant to such bills°

Any violation of any provision of this section of this act shall
be punishable by a fine of not less than fifty nor more than five
hundred dollars; to which may be added, in the discretion of
the court or judge trying the case, imprisonment in jail for not
more than six months; a second offense shall be punishable by
a fine of not less than one hundred dollars nor more than five
hundred dollars, and by imprisonment in jail for not less than
two nor more than six months.

Sec. 20. It shall be unlawful for any bank incorporated
under the laws of this State, or any national or private bank, or
any individual, corporation, firm or association, to present, col-
lect, or in any way handle any draft, bill of exchange, or order
to pay money, to which draft, bill of exchange, or order to pay
money is attached a bill of lading, or order, or a receipt for any
ardent spirits of any kind, prohibited by the laws of this State,
to be manufactured or sold, or otherwise disposed of in this
State, or which draft is enclosed with, connected with, or in any
way related to, directly or indirectly, any bill of lading, or re-
ceipt for the said ardent spirits in this section above mentioned,
and any person, firm, corporation or bank, or banker, violating
the provisions of this act, shall be guilty of a misdemeanor, shall
be fined not less than fifty nor more than one hundred dollars.

Sec. 21. It shall be unlawful for any employee or agent of
any common carrier doing business in this State, to collect, re-
ceive or transmit any money or other valuable consideration
in payment for any ardent spirits, delivered by said agent or
employee, or any other agent, or employee of such common car-
rier, nor shall any agent or employee of any common carrier
solicit or receive, or transmit any order for ardent spirits for
another person, nor shall any such employee or agent receive
any commission or fee on any ardent spirits shipped, trans-
ferred or delivered by such common carrier. A violation of
this provision shall be a misdemeanor.

Sec. 22. Every justice of the peace, police justice, circuit or
city judge and mayor of any city or town, upon complaint and
information given under oath, that any person is manufacturing,
selling, offering, exposing, keeping or storing for sale, barter,
gift, or use ardent spirits contrary to law, or that affiant has
cause to believe and does believe that such ardent spirits so
manufactured, or sold, offered, kept or stored for sale, barter,
gift, or use are in any house, building, car, boat, or other place,
contrary to the provisions of this act, shall issue his warrant re-
quiring any person suspected to be brought before him, or some
justice of the peace, and the said house, building, boat, car or
other place to be searched, and if ardent spirits are found therein
contrary to the provisions of this act, requiring the parties
found in said house, building, boat, car or other place, to be ar-
rested and brought before him or some justice of the peace, with
such witnessés as shall be named in the warrant, or whose names
are endorsed thereon, to give evidence concerning said com-
plaint. and shall, in the same warrant, require the officer to whom
it is directed, or who shall execute the same, to seize and hold
all ardent spirits found therein, also all vessels, bar fixtures,
screens, glasses, bottles, jugs and other appurtenances apparently
used in the sale, keeping or storing of such ardent spirits, con-
trary to law.

Sec. 23. If upon examination of any person charged with
the violation of any of the provisions of this act, it shall appear
to the justice, judge, or mayor before whom the warrant is re-
turned, that there is probable cause to believe the accused guilty,
he shall be required to enter into a recognizance in the penalty
and with security to be approved by the said justice, mayor or
judge to appear before the next term of the circuit, hustings or
corporation court having jurisdiction, to answer any indictment
found against him. All material witnesses shall also be recog-
nized, with or without security, as the justice, Judge or mayor
may deem proper, to appear before the grand jury, at the next
term of the court having jurisdiction, to give evidence, and if
the person so charged shall have been previously convicted of
the violation of this act, the justice, judge or mayor may require
of the person so charged, to give bond with penalty and security,
to be approved by said justice, judge or mayor, conditioned that
he will not violate any of the provisions of this act, until the
charge against him has been tried or dismissed, and upon failure
to give such bond, he shall be committed to jail until the bond is
given, or he is discharged by the court.

Sec. 24. The circuit, corporation and hustings courts hav-
ing jurisdiction for the trial of criminal cases shall have exclu-
sive original jurisdiction for the trial of all cases arising under
this act; except that mayors, police justices and others having
jurisdiction for the trial of cases for the violation of the
ordinances of cities and towns shall have jurisdiction to try cases
arising under ordinances passed by their respective cities and
towns as hereinafter provided, with the right of appeal to the
defendant to the court having jurisdiction to try such appeal.

Sec. 25. Nothing in this act shall be construed as conflict-
ing with the jurisdiction of any mayor or police justice in the
enforcement of city ordinances, prohibiting the manufacture,
sale or distribution of ardent spirits. For the enforcement of
such ordinances, the mayor or police justice shall have jurisdic-
tion over the territory contiguous to the city within three miles
of the city limits, provided said three-mile limit does not inter-
fere with the jurisdiction of the mayor or police justice of any
other city or town, and where there is less than six miles be-
tween any city or town and another city or town, the jurisdiction
of the mayor or police justice of either city or town shall extend
to one-half the distance between said cities and towns.

In any prosecution before a mayor or police justice, the com-
missioner of prohibition shall be notified by the said mayor or
Justice, in time to attend said trial, and the commissioner, his
deputies and inspectors, shall have the same power in respect
to such cases that he has in cases before the circuit court.

Sec. 26. Nothing in this act shall interfere with the juris-
diction of courts, as it at present exists, for the trial of criminal
cases without a jury.

Sec. 27. All cities and towns of the State of Virginia shall
have full power to pass all ordinances (not repugnant to the
Constitution and laws of the State), embracing such provisions
of this act as are applicable and further to prohibit the manu-
facture, transportation, sale, keeping or storing for sale, adver-
tising or exposing for sale, receiving, giving away or dispensing
of ardent spirits, and to provide adequate penalties therefor.

Sec. 28. Whenever ardent spirits shall be seized in any
room, building, boat, car or other place, searched under the pro-
visions of this act, the finding of such ardent spirits or of a
United States liquor dealer’s tax receipt in any such place,
shall be prima facie evidence of the unlawful selling, keeping
and storing for sale, gift, or use, by the person or persons occu-
pying such premises, or by any person named in any United
States internal revenue tax receipt posted in any room or found
anywhere on said premises, or elsewhere, and the proprietor or
other person in charge of the premises where such ardent spir-
its are found, or who is so named in such United States govern-
ment tax receipt, shall be tried on the charge of selling, and keep-
ing and storing for sale unlawfully, such ardent spirits, under
the indictment and form prescribed in section seven of this act,
and the liquor found upon said premises shall be destroyed, by
order of the court, and the containers shall be sold or destroyed.

Sec. 29. If in any house, building, boat, car, or other place,
as is hereinbefore mentioned, the sale, offering, storing or ex-
posing for sale of ardent spirits is carried on clandestinely, or
in such manner that the person or persons engaged therein can-
not be seen or identified by the officer or officers charged with the
execution of a warrant, under any section of this act, any
such officer may, whenever it is necessary for the arrest or iden-
tification of the person or persons offending, or of seizing such
ardent spirits, break open and enter such house, building, boat,
car or place, or any room or part of any of them.

Sec. 30. The payment of the United States internal reve-
nue tax, required of liquor dealers by the government of the
United States, by any person or persons other than druggists,
or hotels licensed under this act within this State, shall be
prima facie evidence that such person or persons are engaged
in keeping, selling, offering and exposing for sale, ardent spirits
contrary to the laws of this State, and a certificate from the col-
lector of internal revenue, his agents, clerks or deputies, show-
ing the payment of such tax, the name or names of the person
or persons to whom issued, shall be evidence of the payment of
such tax in the examination or trial of any person or persons
selling, keeping, offering and exposing for sale, ardent spirits,
contrary to the provisions of this act.

Sec. 3014. It shall be the duty of the State commission=r
of agriculture, at the written request of any officer, State, county
or municipal, including the commissioner of prohibition charged
with the execution of this act and other laws of this State con-
cerning ardent spirits as herein defined, to cause to be analyzed
any mixture supposed to contain ardent spirits as herein de-
fined, and to return to the officer making the request a certificate
of the chemist showing such analysis. For making said analysis
the department of agriculture shall be paid the actual cost
thereof, including the time of the chemist and the chemicals re-
quired in making said analysis. Said costs to be paid by the
commissioner of prohibition out of the funds herein appropriated
upon an itemized statement of the commissioner of agriculture
rendered at the end of each month. The certificate of any
chemist regularly employed in the department of agriculture
of this State, when signed and sworn to by him, shall he evi-
dence in all prosecutions for violations of this act or of any
other laws relating to ardent spirits as herein defined and in all
controversies touching the mixture analyzed by him; but the
burden shall be upon the prosecution to establish the fact that
the mixture analyzed is the same as that alleged to have been
illicitly sold; but, upon the motion of the accused, the chemist
making the analysis shall be required to appear as a witness
and shall be subject to cross-examination. ,

Sec. 31. All houses, boat houses, buildings, tents, club, fra-
ternity and lodge rooms, boats, cars and places of every descrip-
tion, including drug stores, where ardent spirits are manufac-
tured, stored, sold, vended, dispensed, bartered, given away, fur-
nished or used contrary to law by any scheme or device what-
ever, shall be held, taken and deemed common nuisances. Any
person who shall maintain, or shall aid or abet, or knowingly be
associated with others in maintaining such common nuisances,
shall be guilty of a misdemeanor, and judgment shall be given
that such house, building, tent, boat house, boat, car or other
place, or any room or part thereof, be closed up, but the court
may upon the owner giving bond in the penalty of not less
than five hundred dollars, and with security to be approved by
the court, conditioned that the premises shall not be used for
unlawful purposes, or in violation of the provisions of this act,
turn the same over to its owner.

Sec. 32. The general assembly in session when this act is
passed and the general assembly to assemble every four years
thereafter shall elect a commissioner of prohibition whose com-
pensation shall be three thousand, five hundred dollars per
annum, whose term of office shall be four years, commencing on
the first day of September, nineteen hundred and sixteen. When-
ever the word “commissioner” is used in this act it shall mean
the commissioner of prohibition.

_ The governor of Virginia by authority vested in him by sec-
tions seventy-three and seventy-four of the Constitution shal]
have the power to suspend said commissioner from office for mis-
behavior, incapacity, neglect of official: duty or acts performed
without due authority of law, but in any case in which this power
1S so exercised, the governor shall report to the general assem-
bly at the beginning of the next session thereafter the fact of
such suspension, and the cause thereof: whereunon the cenera}
assembly shall determine whether such commissioner shall be
restored or finally removed, and the governor shall have the
power during the recess of the general assembly, to appoint pre
tempore a successor to the said commissioner; but his appoint.
ment to such vacancy shall expire at the end of thirty days afte
the commencement of the next session of the general assembly
except as herein provided, the general assembly shall fill by elec-
tion any vacancy in the office of commissioner, which election
shall be for the unexpired term.

The said commissioner shall make an annual report to the
governor, which shall, by the governor, be biennially reportec
to the general assembly; such report shall give in detail the
expenditure of all public monies and the work of his depart-
ment, together with such recommendations for new or additional
legislation in reference to his powers and duties as he may deem
expedient. .

Before entering upon the duties of his office the said com-
missioner shall give a bond to be approved by the attorney-gen-
eral in the penalty of ten thousand dollars for the faithful per-
formance of his duties. ;

In case of any vacancy in the office of commissioner during a
recess of the general assembly, by the death or resignation of
the commissioner, the governor shall fill such vacancy by the
appointment of a successor whose term of office shall expire
thirty days after the commencement of the next session of the
general assembly sitting after the occurrence of such vacancy.

Sec. 33. The commissioner shall have the power to appoint
deputies and inspectors, and whenever he deems it necessary,
employ attorneys and such other helpers as may be necessary
in performing the duties of his office, but he must keep their
compensation and expenses within the limits of the appropria-
tion made for the conduct and maintenance of his department,
and said deputies and inspectors shall be removed at the pleas-
ure of the commissioner.

Sec. 34. It shall be the duty of the commissioner, in person
or by his deputies and inspectors, to superintend the enforce-
ment of all the provisions of this act, and the laws of this
State and ordinances of municipalities concerning the traffic in
ardent spirits. The commissioner, his deputies and inspectors
shall diligently inform themselves of all violations of such laws
and make report thereof to the judge of the circuit, corporation
or hustings court and to the Commonwealth’s attorney of the
county or city in which such violations occur, and it shall be the
duty of every prosecuting attorney to faithfully prosecute every
such case or complaint. The commissioner and his deputies
and inspectors shall for the purposes of arrest under this act
have the power of the sheriffs of the Commonwealth. The com-
missioner, if an attorney at law, may associate himself with
the attorney for the Commonwealth; if not an attorney at law,
may associate with the attorney for the Commonwealth an at-
torney representing his office in the prosecution of any com-
plaint or case arising under this act, and in cases where he may
deem it advisable, the commissioner may request the attorney-
general of the State, or one of his assistants selected by himself,
to take charge of and control the management of such complaint
or case, the Commonwealth’s attorney acting with the commis-
sioner, his attorney, or the attorney-general, as the case may be;
provided, that nothing in this act shall be construed as taking
from the attorneys for the Commonwealth, sheriffs or other offi-
cers any of the powers now conferred upon them except as
herein provided.

Sec. 35. The deputies and inspectors appointed by the com-
missioner of prohibition provided for in this act shall have the
power to administer oaths, take affidavits and examine records,
and, with a warrant, enter buildings where there is reason to
believe that the law relating to ardent spirits is being violated.
Such deputies and inspectors may call to their aid in securing
such information and in making such search, any officer of the
law whose duty it is to enforce the law prohibiting the sale of
ardent spirits.

Sec. 36. The commissioner, his deputies or inspectors, the
attorney for the Commonwealth, or any citizen of the county,
town or city, where such a nuisance as is defined in this act
exists, or is kept or maintained, may, in addition to the remedies
given in and punishment imposed by this act, maintain a suit
in equity in the name the State to abate and perpetually to en-
join the same. The courts of equity shall have jurisdiction
thereof, and in every case where the bill charges, on the knowl-
edge or belief of complainant, and is sworn to by two reputable
citizens, that ardent spirits are sold, bartered, given away, dis-
tributed, dispensed or stored or used in any house, building, boat
house, club room, fraternity room, lodge room, boat, tent, or
any place contrary to the laws of this State, an injunction shall
be granted as soon as the bill is presented to the court or judge
in vacation, and no bond shall be required. The injunction shall
enjoin and restrain the owners, tenants, their agents, employees,
servants, and any person connected with said house, building or
other place named in this section, and all persons whomsoever
from selling, bartering, giving away, distributing, dispensing,
storing, or using ardent spirits in said house, building, boat
house, club room, fraternity room, boat, tent, or other place
named in this section, and shall also restrain ‘all persons from
removing any ardent spirits then on said premises until the
further order of the court. Upon the hearing of the cause, when
it shall have been matured and set for hearing as required by
law, upon deposition of witnesses, documentary and oral evi-
dence, if the court or judge in vacation, shall be satisfied that
the material allegations of the bill are true, although the prem-
ises complained of may not be then unlawfully used, it or he
shall continue the injunction against such house, building or
place, if it shall be a drug store for one year, and in all other
cases the injunction shall be perpetual.

Any person violating any of the provisions of the injunction
granted under this section shall be summarily punished for con-
tempt of court without the empannelling of a jury, by a fine of
not less than one hundred nor more than five hundred dollars
and confinement in jail not less than one nor more than six
months.

Whenever the court upon the hearing of any cause in equity
under this section shall continue the injunction for one year
or make it perpetual, it shall allow to the attorney for the com-
plainant, or the commissioner, or the attorney for the Common-
wealth, when he conducts the case without assistance, a reason-
able fee, which shall be taxed and collected as other costs, pro-
vided that any fee allowed the commissioner shall be paid into
the treasury of the State.

Sec. 37. Any person who shall take a drink of ardent spirits
in any railroad station, or at any boat landing, or in any day
coach, or Pullman car, or on any passenger train, or in any pas-
senger boat, or in any street car, hack, jitney, or other public
conveyance, or automobile, or in any street, or alley, highway or
in any other public place, or any person in charge of or employed
in connection with any car, boat, hack, jitney, or other public
conveyance or automobile, who shall procure for or assist in
procuring, or who shall give any information or direction by
which any person may secure ardent spirits, shall be guilty of
a misdemeanor, and upon conviction, shall be fined not less than
ten nor more than one hundred dollars.

Sec. 38. All railroad, steamboat or other boat companies, ex-
press and transportation companies, which shall in any manner
at any tifne, transport ardent spirits from one place to another
within this State, except as hereinafter provided, are hereby re-
quired to keep books alphabetically arranged, in which shall be
entered immediately upon receipt thereof the name of every per-
son shipping, or to whom ardent spirits are shipped; the amount
and kind received, the date of delivery, by whom and to whom
delivered. After this record is made and before delivery it shall
be signed by the consignee. The book shall be open to the in-
spection of any State, county or municipal officer, or any deputy
of such officer, or of any other person, during the business hours
of the company. ¢ Such books or a copy of said records, attested
by an officer of the company, or verified by affidavit, shall be
admissible as evidence in any court, and shall be prima facie
evidence of the fact therein stated in any trial or proceeding for
the enforcement of the provisions of this act.
Any employee or agent of any express company, railroad
company, steamboat company, or transportation company,
charged with the duty of keeping such record, who shall fail
to keep such record shall be guilty of a misdemeanor.

Any railroad, express company, steamboat company, or trans-
portation company who shall not require some one of its em-
ployees to keep such record, shall be fined not less than twenty-
five nor more than one hundred dollars for every day or portion
thereof during which such failure shall continue.

Sec. 39. No person or firm, and no corporations other than
corporations authorized by the laws of this State to engage in
the transportation of merchandise, as common carriers, shall
bring into this State, for use in this State, from any point with-
out this State, or. transport from one point to another in this
State, or from any point in this State to any point without this
State, any ardent spirits, and no common carrier shall, except
as hereinafter provided, bring into this State, from any point
without this State, or transport from one point to another within
the State, any ardent spirits except as follows: One quart of
distilled liquors, or three gallons of beer, or one gallon of wine,
may be brought to any person not a student at a university, col-
lege or any other school in this State, nor a minor nor a female
(not the head of a family), in this State, for his own use, and
not to be used contrary to the provisions of this act; provided
every container in which such ardent spirits, wine or beer are
carried shall, except as hereinafter provided, have a card not less
than six by twelve inches, upon which shall be stated in letters not
less than one inch high, the kind and quantity of ardent spirits,
wine or beer that it contains. Every common carrier undertak-
ing the transportation of ardent spirits from any point without
this State to any point within this State, or from one point to
another, within this State, shall keep an alphabetically arranged
book, in which shall be entered before the delivery thereof, the
name of every shipper and person to whom ardent spirits are
shipped, the amount and kind received, and upon delivery, the
date of delivery and to whom delivered. After this record is
made there shall be an affidavit in duplicate by the consignee,
which shall state that the consignee is not a student, minor or a
female (not the head of a family), that ardent spirits received
were ordered by him that he had not, within thirty days pre-
vious, received any ardent spirits of any kind whatever, from
any place whatever, contrary to the provisions of this act, and
that the ardent spirits then received are for his own use.at his
own home. This affidavit shall be made in duplicate, signed by
the consignee and sworn to before a justice of the peace, notary
public or a commissioner in chancery, or before an agent of the
transportation company, all'of which agents dealing with ar-
dent spirits, shall, for the purposes aforesaid (without charge
therefor), be authorized to administer an oath, and one original
shall be sent on or before the fifth day of the month following
to the clerk of the court of the city or county having jurisdictior
of criminal cases. If any employee charged with the duty of
keeping the record required by this section shall fail to keer
said record, or shall deliver the ardent spirits transported to any
person other than the consignee, or to such consignee, before
he has signed his name and made the affidavit required by this
section, or shall fail to file the affidavit as herein required, he
shall be guilty of a misdemeanor.

Any person falsely representing himself to be the consignee
of any ardent spirits under this section, and receiving or offering
or attempting to receive the same, and any consignee making a
false affidavit, shall be guilty of a misdemeanor.

Provided that any consignee may authorize in writing, a
person not of intemperate habits or addicted to the use of nar-
cotic drugs, not a minor or a female, to receive for him such ar-
dent spirits. Such person shall sign the receipt or record, as
agent for said consignee, provided that the said written author-
ity shall be accompanied by the affidavit of the consignee as here-
inbefore required; provided it shall be unlawful for any com-
mon carrier to deliver ardent spirits to any person on Sunday,
or before eight o’clock in the morning or after five o’clock in
the afternoon of any other day.

It is further provided that nothing in this act shall be con-
strued to prohibit any person travelling from one point to another
within the State, or from without the State, to any point within
the State, from carrying in his baggage for the bona fide use
of himself or his family, and not as a means of evading the in-
tent and meaning of this act, and not to be used contrary to the
provisions of this act, ardent spirits not.in excess of one quart,
which bona fide baggage it shall not be necessary to label or
mark, as provided in this act. It shall be unlawful for any per-
son to bring into the State from any point without the State,
whether in his personal baggage or otherwise, within a period
of thirty days, more than one quart of ardent spirits, and any
justice of the peace, police justice, circuit judge or mayor of any
city or town upon complaint and information given under oath
that affiant has cause to believe and does believe that any per-
son is violating this provision of this act shall issue his war-
rant directing such person and his baggage to be brought before
him for examination in accordance with the provisions of
this act. .

The record required to be kept by this section, by any com-
mon carrier shall, during the business hours of such common
carrier, be open to the inspection of any State, county or munici-
pal officer, or any deputy of any such officer, or to any person.

Sec. 40. No person in this State shall receive or accept de-
livery from any railroad, steamboat, express company, or trans-
portation company of any kind, or from any person whomsoever,.
any ardent spirits brought into this State from any point with-
out the State, or ardent spirits transported from one point to
another within this State, except as follows: He may receive
one quart of distilled liquor “in a single container,” or three gal-
lons of beer, or one gallon of wine, not oftener than once a month,
provided that every container in which such distilled liquor,
wine or beer is carried, shall have on it a card not less than twelve
inches long, by six inches wide, upon which shall be stated, in
letters not less than one inch high, the kind and quantity of its
contents, but a container in which a quart or less is carried,
may have on it a card six inches long by four inches wide, upon
which shall be stated in letters not less than one inch high, the
kind and quantity of its contents, and shall, before receiving
the distilled liquor, wine or beer, sign a record made or kept al-
phabetically by the company transporting the distilled liquor,
wine or beer, which shall show the name of shipper, name of con-
signee, quantity and kind shipped, and date of shipment, and
shall make an affidavit that the said distilled liquor, wine or beer
was brought into the State on his written order, and that he
has not received any distilled liquor, wine or beer from any per-
son, or from any place, in excess of the quantity allowed by this
act, within thirty days preceding the date of his affidavit, and
that the distilled liquor. wine or beer will not be used in viola-
tion of the provisions of this act. Any person who shall receive
such distilled liquor, wine or beer without signing such a record
or making such affidavit, or who shall make a false affidavit,
shall, for the first offense, be guilty of a misdemeanor, and for
a second or any subsequent offense, of making a false affidavit,
shall be guilty of a felony.

Sec. 41. It shall be unlawful for any person to give ardent
spirits to any person of intemperate habits or addicted to the
use of any narcotic drug or for any person, except a parent or
guardian, to give any ardent spirits to a minor, except on the
prescription of a physician, or to send a minor or a female to
obtain ardent spirits.

Any person of intemperate habits or addicted to the use of
any narcotic drug shall be compellable in any proceeding had
under this section to disclose from whom he has received ardent
spirits. For a failure or refusal to make such disclosure he
shall be guilty of contempt and shall be fined not less than five
dollars nor more than fifty dollars and be committed to the jail
for a nerind not exceeding thirty days.

_ It shall be a misdemeanor for any minor to have ardent spirits
in his possession, whether belonging to himself or another, and
upon conviction, he shall be fined not less than ten nor more than
five hundred dollars, and in the discretion of the court, he may
be sentenced to jail or to a reformatory, for not less than one nor
more than six months. And if it shall appear in any prosecu-
tion, under this section, that such minor is acting as the agent
of another person, such person shall be deemed guilty of a
misdemeanor.

Sec, 42. It shall be unlawful for any female to order, re-
ceive or have in her possession, any ardent spirits, except as
permitted in this act, and not then, unless she is the head of a
family and for her own use in a bona fide home.

Sec. 43. In addition to the penalties imposed by this act for
the violation of any of its provisions, the court may, in its discre-
tion, after conviction is had, for the first offense, and shall after
every subsequent conviction, require the defendant to execute
bond with approved security, in the penalty of not less than five
hundred, nor more than five thousand dollars, conditioned that
the said defendant will not violate any of the provisions of this
act, for the term of one year. And if said bond shall not be given,
the defendant shall be committed to jail until it is given, or
until he is discharged by the court, provided that he shall not be
confined for a longer period than six months.

Sec. 44. Any citizen or organization within this State may
employ an attorney to assist the attorney for the Commonwealth
in the prosecution of any case under this act, and such attorney
shall be recognized by the attorney for the Commonwealth and
the court as associate counsel in the case; and no prosecution
shall be dismissed over the objection of such associate counsel
or over the objection of the commissioner of prohibition or of
the attorney representing his office, or of the attorney-general
or his assistant whenever any of said officials are associated in
such prosecution, until the reasons in writing of the attorney
for the Commonwealth for such dismissal, with the objections
thereto by the associate counsel in writing, shall have been filed,
argued and fully considered by the court.

Sec. 45. In all cases arising under this act the State shall
have the right of appeal, except when such appeal is forbidden
by the Constitution.

Sec. 46. If any section or provision of this act or any part
of any section shall he declared unconstitutional by the Supreme
Court of Appeals of Virginia, or the Supreme Court of the United
States, the part so declared unconstitutional shall cease to be
operative, but the remainder of the act and every section or part
thereof not so declared unconstitutional shall continue to be the
law of this State.

Sec. 47. The attorney for the Commonwealth of every
county and city in this State shall, as often as once a month,
examine all prescriptions and affidavits and record books re-
quired to be kept by any section of this act and filed in the clerk’s
office, and if the said prescriptions, affidavits and records are
not made and kept according to the provisions of this act, or if
he has reason to believe that there has been any violation of any
of the provisions of this act he shall take such action as may
be necessary to bring the offender to justice.
Sec. 48. The commissioner in person or by his deputies or
inspectors shall as often as possible examine all prescriptions,
affidavits and record books required by this act, and report the
violation of any of its provisions to the attorney for the Com-
monwealth of the city or county in which said violations occur,
whose duty it shall be to proceed at once to investigate and
prosecute the same. .

Sec. 49. Any person who has drunk enough ardent spirits
to so affect his manner, disposition, speech, muscular move-
ments, general appearance or behavior, as to be apparent to
observation, shall be deemed, for the purposes of this act, to be
intoxicated, and if he shall continue to use ardent spirits as a
beverage during the period of one year, so as to produce the
above results from time to time, he shall be deemed a person of
intemperate habits within the meaning of this act.

Sec. 50. Any bell boy, elevator boy, or employee of any
hotel or place of public entertainment in this State who shall
procure for or assist in procuring, or who shall give any infor-
mation or direction to any guest or patron of such hotel or
house of public or private entertainment, or other person by
which said guest or other person may secure ardent spirits shall
be deemed guilty of a misdemeanor, and upon conviction be fined
not less than ten nor more than fifty dollars and be confined in
jail or committed to the reformatory for not less than one nor
more than six months.

Sec. 51. Any proprietor of any hotel or house of public or
private entertainment in this State who shall knowingly permit
any bell boy, elevator boy, or other employee to, or who shall
himself, procure ardent spirits for, or give direction and infor-
mation by which ardent spirits can be secured by any guest,
patron or other person, or who when duly notified that any
employee has been convicted of a violation of any of the pro-
visions of this act, shall fail at once to discharge said employee
permanently, shall be guilty of a misdemeanor, and when con-
victed, shall be fined not less than one hundred nor more than
five hundred dollars, and for any subsequent offense shall be
fined not less than one hundred nor more than five hundred dol-
lars and be confined in jail not less than one nor more than six
months. ,

Sec. 52. It shall be unlawful for any keeper of a hotel or
boarding house, even though he may reside in said hotel or
boarding house to keep in said hotel or boarding house or on the
premises connected therewith, any ardent spirits, except for the
personal use of himself and his family, or as provided herein,
and not to be sold or dispensed or given away by any shift or
device whatsoever; and if the keeper of any hotel or boarding
house shall knowingly permit ardent spirits to be sold, kept,
stored, dispensed, given away, or used in any part of said hotel
or boarding house, or on the premises thereof, except on the pre-
scription of a physician, and except as provided in this act, he
shall be guilty of a misdemeanor.

Sec. 53. If any keeper of a hotel, boarding house, pool room,
billiard room, bowling alley, store or other place requiring any
such license, or any employee with his knowledge, consent, con-
nivance or acquiescence shall keep, store, dispense or use, con-
trary to the provisions of this act any ardent spirits, in addition
to the penalties prescribed for the violations of this act, the
license of such place shall be revoked for’one year for the first
offense, and for the second offense, no such. license shall be
granted at the same place or to the person convicted for a period
of two years; provided further that where the place is run under
a lease by a person or persons other than the true owner of the
building, nothing herein shall operate to prohibit the issuance
of a license to a new lessee who was not in any way connected
as employee or otherwise with the former business therein con-
ducted at the time of the revocation of the license.

sec. 54. All prescriptions and affidavits required by this
act shall be made in duplicate and one original filed with the
clerk of the circuit court of the county or the corporation court
of the city, which has criminal jurisdiction, on or before the
fifth day of every month following the filling of such prescrip-
tions and the making of such affidavits, by the druggists, or by
the common carrier handling the same, and the failure of any
physician to make out said prescription in duplicate and the
failure of the persons making the affidavit to do so in duplicate
shall be deemed a misdemeanor. The clerk of the court with
whom said prescriptions and said affidavits shall be filed shall
paste them in an alphabetically arranged book, and permit their
examination without fee.

Sec. 55. It shall be the duty of all sheriffs, attorneys for
the Commonwealth, deputies, constables and justices of the peace
of the counties and cities, and all mayors, sergeants and their
deputies, justices of the peace and police of the cities and towns
of this State to enforce all of the provisions of this act; and
the neglect, failure or refusal of such officer so to do shall be
deemed misfeasance in office.

For official services rendered in connection with violations
of this act all said officers, including clerks of courts having
jurisdiction to try such cases, and witnesses summoned on be-
half of the Commonwealth shall be entitled to and shall be paid
the same fees as are now allowed by law in other misdemeanor
and felony cases (as the case may be), said fees to be paid as
now prescribed by law in misdemeanor and felony cases other
than violations of the revenue laws.

Sec. 56. If any person lawfully applying by affidavit for
ardent spirits is not personally known to the druggist to whom
he applies, as the person named in the affidavit, end a proper
person to receive such ardent spirits, the druggist shall require
him to be identified by some person known to him, who is not
of intemperate habits or addicted to the use of narcotic drugs.

Sec. 57. When any sheriff or sergeant or the deputy of
either, or any constable or police officer or deputy commissioner
or inspector appointed by the commissioner, shall have reason
to suspect that ardent spirits are being transported in any
wagon, buggy, automobile or other vehicle, contrary to law, he
shall have the right and it shall be his duty to obtain a warrant
to search such wagon, buggy, automobile or other vehicle, and
to seize any and all ardent spirits found therein which is being
transported contrary to law. Whenever any ardent spirits
which are being illegally transported, or are being transported
for an illegal use, shall be seized by an officer of the State of
Virginia, he shall also take possession of the vehicle and team,
or automobile, boat or any other conveyance other than a con-
veyance owned and used by a railroad, steamboat or express
company, in which such liquor shall be found, and shall also
arrest any person in charge of such team or vehicle, and report
the seizure and arrest to the attorney for the Commonwealth
of the county or city in which such seizure and arrest shall be
made, and to the commissioner in writing, and the attorney for
the Commonwealth shall at once proceed against the person
arrested under the provisions of this act, who, upon conviction,
shall be deemed guilty of a misdemeanor and shall be fined not
less than fifty nor more than five hundred dollars, and confined
in jail not less than one nor more than six months; provided,
that the accused may give bond, approved by the court, or judge
in vacation, or the bail commissioner, for his appearance in
court to answer to the charge against him, and to pay the fine
and costs if convicted, in which event the vehicle, team or auto-
mobile shall be released.

The court wherein the conviction is made shall, unless good
cause to the contrary is shown by the owner, who must clearly
prove that he was ignorant of the purposes for which his team
or vehicle or automobile was being used, order a sale hy public
auction of the property seized, and the officer making the sale,
after deducting the expense of keeping the animals and vehicles
or automobile, the fee for seizure and the cost of sale shall pay
the proceeds to the officer authorized to receive fines. In the
event that the proceeds of the sale shall exceed the amount of
the fine and of the costs above mentioned, the balance remain-
ing after the fine and costs shall have been paid shall be paid
to the owner of the vehicle, team or automobile which has been
sold. If, however, no one shall be found in charge of the team,
vehicle or automobile, the taking of the same shall be advertised
in some newspaper published in the city or county, or if there
be no newspaper published in such city or county, in a news-
paper having a'circulation in the county, once a week for three
weeks, and by handbills posted near the place of seizure, and
if no claimant shall appear within ten days after the last publi-
cation of the advertisement, the property shall be sold and the
proceeds, after deducting the expenses and the costs of adver-
tising, shall be paid into the treasury of the State.

In any case the ardent spirits seized shall be destroyed and
the containers sold or destroyed.

Sec. 58. This entire act shall be deemed an exercise of the
police power of the State for the protection of the State, for
the protection of the public health, peace and morals, and the
prevention of the sale and use of ardent spirits, and all of its
provisions shall be liberally construed to effect these objects.

Sec. 59. The commissioner shall, when this act shall take
effect, procure from the collector of internal revenue a list of all
persons holding United States internal revenue tax receipts for
the sale of ardent spirits then in force, and shall thereafter, on
the first day of each month, procure the names of all persons
who have been granted such tax receipts during the preceding
month, and shall furnish to the attorney for the Commonwealth,
of every county and city in this State, the names of the persons
in his county or city holding such receipts, and shall publish a
list of the names as procured by him, in a newspaper published
in the city or county of their residence, and if there is no news-
paper published in the county, then in some newspaper having
general circulation in said county.

Every attorney for the Commonwealth, upon receiving the
list of names in the preceding section, shall proceed against all
such persons, except druggists, superintendents of hospitals and
laboratories and other persons as provided herein, for the viola-
tion of the provisions of this act.

Sec. 60. In an indictment for the violation of any provision
of this act, as to a sale or gift of ardent spirits, it shall not be
necessary to allege a sale or gift of ardent spirits to a particular
person, and it shall be sufficient for the conviction of the accused
to prove a sale or gift contrary to law, within one year prior to
the finding of such indictment.

Sec. 61. Nothing in this act shall prevent one, in his own
home, from having and there giving to another, ardent spirits,
when the quantity of such spirits shall not exceed the quantity
allowed by this act, to be kept in his home, and such gift is in
no wise a shift or device to evade the provisions of this act; but
the word “home,” as used herein, shall be the permanent resi-
dence of the person and his family, and shall not be construed
to include a club, fraternity house, lodge room or rooms, or place
of common resort, or room of a guest in a hotel or boarding
house, provided that any transient guest may carry in his bag-
gage for the bona fide use of himself or family not in excess of
one quart of ardent spirits, the same not to be opened or used,
or given away by such transient guest during his stay in said
hotel or boarding house.
Sec. 62. Nothing in this act shall prevent existing wineries
from keeping and storing until January first, nineteen hundred
and eighteen, on their premises such wines as have already been
manufactured, or are at the date of the passage of this act in
process of manufacture, but said wines shall not be sold, given
away or dispensed in the State of Virginia, but may be shipped
out of the State into territory where they may be legally sold.

Sec. 63. Whenever it shall appear to any court before whom
a case is to be tried for the violation of the provisions of this
act, that the local conditions, family connections of the accused
or public feeling hostile to the provisions of this act, or that
for any other reason the case cannot be fairly or impartially
tried at the place or by a jury of the city or county, the court
may in its discretion, upon motion of the attorney for the Com-
monwealth, the complainant or his attorney, or of the commis-
sioner or his attorney, when he is in the case, or the attorney
for the accused, change the venue to some other county or city
where it shall be tried; or the court may, in its discretion, order
a jury to be summoned from another county or city, and no
person who is a relative or indebted to the accused, shall act as
juror in any such case, that in the case of a change of venue
as herein provided, the witnesses of the defendant shall be paid
as if they were summoned for the Commonwealth.

Section 64-a. The words “soft drinks,” as used in this act,
shall be construed to embrace and include any and all beverages,
patented, domestic or otherwise, of every description and kind,
which may be offered for sale, in this State, not embraced in
the words “ardent spirits” as defined in this act.

Section 64-b. It shall be unlawful for any person, firm or
corporation to dispense soft drinks without first obtaining a
license to do so (for which no additional tax shall be charged)
from the circuit court of the county, or corporation or hustings
court of the city in which county or city the privileges are to
be exercised. Any citizen may appear personally or by counsel
in opposition to the granting of said license, and the court may
in its discretion refuse to grant such license if convinced that the
person applying is not a suitable person to exercise the said
privilege, and the court may revoke such license after giving
to the holder of the same an opportunity to be heard in opposi-
tion to such revocation; provided it shall not be necessary ta
obtain such license to sell soft drinks at any place for benevo-
lent or charitable purposes. Provided further that it shall be
unlawful for any dispenser of soft drinks to use any ardent
Spirits as a flavor or mixture.

ny person violating any provisions of this section of this
act shall be deemed guilty of a misdemeanor and shall be fines
not less than twenty-five nor more than one hundred dollars fo?
the first offense, and shall be fined not less than fifty nor more
than five hundred dollars for the second offense. and fnr evare
subsequent offense shall be fined not less than one hundred nor
more than five hundred dollars, and confined in jail not less than
~ne nor more than six months.

Sec. 65. The possession by any person, of any ardent spirits,
at any place other than his home, except as provided in this act,
and the possession in his home of more than one gallon of dis-
tilled liquor, one gallon of wine or three gallons of beer, or other
malt liquor, at any one time, shall, in any proceeding or prose-
cution under this act, be prima facie evidence that such person
possesses such distilled liquors, wine and malt liquor for ‘the
purpose of sale, provided that it shall be lawful for any person
to carry from the depot of a common carrier to his own home
any ardent spirits which he has received from such common
carrier in accordance with the provisions of this act, or to carry
from the depot any ardent spirits which he has received from a
common carrier upon the written authority of the consignee as
provided for in this act, said ardent spirits to be delivered at the
home of said consignee; or to carry any ardent spirits which
have been delivered to him by a registered pharmacist upon the
prescription of a physician as provided in this act.

Sec. 66. Whenever an affidavit is required to be adminis-
tered under the provisions of this act, the person who is to re-
ceive and file such affidavit shall have authority to administer
the oath, and the same shall be as binding as if administered by
any officer now authorized by law to administer oaths.

Sec. 67. Every prescription and affidavit required by this
act shall have affixed thereto and duly cancelled by the initials
in ink of the person affixing the same, a five cent stamp, to be
furnished to druggists, transportation companies and other per-
sons handling such prescriptions and affidavits, who shall keep
such stamps for that purpose in stock. Said stamps shall be
prepared by the commissioner and sold by him to the parties re-
quired by law to handle the same. The persons for whom the
prescriptions are given and the persons making the affidavit
shall pay for the stamps affixed thereto. All money received by
the commissioner from the sale of stamps or otherwise under
this act shall be paid into the treasury of the State, and shall
there be accounted for as a separate fund.

Sec. 68. Whenever a person is convicted under this act for
an offense punishable by confinement in jail, he may, for the
first offense, be required to work out the term of his confinement
on the public roads, and for the second offense he shall be sen-
tenced by the court to work out his term of confinement on the
public roads, unless the court shall be satisfied that his physical
condition be such, upon the testimony of two reputable physi-
cians after careful personal examination, as to make such work
permanently injurious to his health, and in every such case the
judge shall after consultation with the State commissioner of
highways by letter or otherwise name in his order the camp
to which the person convicted is to be sent.

Sec. 69. Any person who shall transfer, alienate, or encum-
ber in any manner his estate, real or personal, with intent to
evade any provisions of this act, and all persons aiding and
abetting in such evasions shall be deemed guilty of a misde-
meanor for the first offense, and of a felony for every subse-
quent offense.

Sec. 70. It shall be unlawful for any person to grind malt
in this State or any substitute for the same by whatever name
it may be called, to be used in the manufacture of ardent spirits,
and the burden of proof shall be upon any person grinding malt
to show that such malt is not to be used in violation of this act,
provided that this provision shall not apply to any manufacturer
of pure grain or ethy] alcohol licensed to manufacture such alco-
hol under this act.

Sec. 71. Nothing in this act shall be construed as prohibit-
ing any person from purchasing ardent spirits contrary to the
provisions of this act, when acting as the agent of the authori-
ties charged with the enforcement of prohibition laws in the de-
tection and conviction of violators of said laws.

Sec. 72. None of the provisions of this act shall be con-
strued as repealing, annulling or in any way abrogating or su-
perseding the act of the general assembly, approved March
twenty-fifth, nineteen hundred and two, as amended, relating
to the sale of ardent spirits in the counties of Tazewell, Giles,
Buchanan and Dickenson; or any other prohibitory act for any
county or town, or any provision of any charter of any city or
town in so far as said act or acts or charter provision restricts,
prohibits or limits the sale, manufacture or delivery of ardent
spirits beyond the provisions of this act, but this act shall be
construed as supplemental to said act or acts and charter pro-
visions and in aid thereof, and such special act or acts and pro-
hibitive charter provisions, beyond the provisions of this act,
are hereby expressly continued un-repealed and the same shall
remain with like force and effect as if this act had not been
passed. Nor shall any provision of this act be construed as re-
pealing any ordinance of any town or city in so far as the same
restricts and limits beyond the provisions of this act, the trans-
portation, delivery, receipt, possession, sale, offering for sale,
advertising for sale, or in any way dispensing, giving away or
receiving orders or transmitting orders, for ardent spirits as
herein defined.

Sec. 73. No person shall be excused from testifying as to
any offense committed by another under this act by reason of
his testimony tending to incriminate himself, but the testimony
given by such person shall in no case be used against him, nor
shall he be prosecuted for the offense as to which he testified.
Sec. 74. Every wife, child, parent, guardian, or employer
or other person who shall be injured in person or property or
means of support by any intoxicated person in consequence of
his intoxication, habitual or otherwise, such wife, child, parent,
or guardian, or employer, shall have a right of action, in his or
her own name against any person who shall, by selling, barter-
ing, or giving away intoxicating liquors, have caused the intoxl-
cating of such person for all damages actually sustained, as well
as for exemplary damages; and a married woman shall have the
right to bring suit, prosecute and control the same, and the
amount recovered the same as if unmarried; and all damages
recovered by a minor under this act shall be paid either to such
minor or his or her parent, guardian or next friend, as the
court shall direct; and all suits for damages under this chapter
shall be, by civil action in any of the courts of this State having
jurisdiction thereof.

Sec. 75. For the purpose of carrying this act into effect
there is hereby appropriated out of any money in the treasury
of Virginia not otherwise appropriated, for the year ending
February twenty-eighth, nineteen hundred and seventeen, the
sum of twenty-five thousand dollars, and for the year ending
February twenty-eighth, nineteen hundred and eighteen, any
unexpended balance on hand March first, nineteen hundred and
seventeen, of the appropriation of twenty-five thousand dollars
for the year ending February twenty-eighth, nineteen hundred
né seventeen, and the further sum of twenty-five thousand

ollars.

Sec. 76. All acts and parts of acts in conflict with the pro-
visions of this act are hereby repealed.

Sec. 77. This act shall be in force on and after the first
day. of November, nineteen hundred and sixteen, except so much
thereof as provides for the election by the present general as-
sembly of a commissioner of prohibition and the commencement
of the term of the said commissioner, as to which said exceptions
an emergency is hereby declared to exist, which said provisions
shall take effect at once.

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