Chap. 388.—An ACT to define ardent spirits and to prohibit the manufacture,
use, sale, offering for sale, transportation, keeping for sale, and giving
away of ardent spirits, or drugs, as herein defined, except as provided
herein; declaring certain ardent spirits contraband, and prescribing proce-
dure for search therefor and forfeiture thereof; to prohibit advertise
ment of such ardent spirits; to prescribe the jurisdiction for trial and
nppeals 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 commissioner of prohibition and to define his duties and
powers and compensation; defining intoxication and who is a person
of intemperate habits within the meaning of this act; prescribing a
penalty for intoxication; prescribing certain rules of evidence in certain
prosecutions under this act; defining soft drinks, providing how they
may be sold, regulating the sale of toilet, antiseptic preparations, patent
and proprietary medicines, and flavoring extracts; exempting certain
counties and cities from certain provisions of this act and authorizing
additional restrictions and limitations beyond the provisions of this act
as to 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 chapter 146 of acts of assembly, 1916, approved March 10, 1916
and all other acts or parts of acts in conflict with this act. [S B 212]

Approved March 19, 1918.

Section 1. Ardent spirits defined—Be it enacted by the general
assembly of Virginia as follows: 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, all malt beverages,
absinthe and all compounds or mixtures of any of them; all com-
pounds or mixtures of any of them with any vegetable or other
substance; alcoholic bitters, bitters containing alcohol; 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. Person defined; commissioner defined.—The word person
as used in this act shall be construed to embrace all natural persons,
firms, corporations, combinations and associations of every kind;
and the word commissioner as used in this act shall be construed to
mean the commissioner of prohibition.

Sec. 3. Manufacture, transportation, sale, use, etc., of ardent
spirits restricted.—It shall be unlawful for any person in this State
to manufacture, transport, sell, keep, or store for sale, offer, adver-
tise or expose for sale, give away or dispense or solicit in any way,
or receive orders for or aid in procuring ardent spirits, except as
hereinafter provided.

Sec. 3-a. Attempts, accessories; procedure; punishment. — It
shall be unlawful for any person to attempt to do any of the things
prohibited by this act or to assist another in doing, or attempting
to do, any of the things prohibited by this act.

And on an indictment for the violation of any provisions of this
act the jury may find the defendant guilty of an attempt, or of
being an accessory, and the punishment shall be the same as if the
defendant were solely guilty of such violation. — .

Sec. 4. Violations of provisions of the preceding sections; acting
as agent of, seller or purchaser.—Any person who shall violate any
of the provisions of section three and three-a of this act, and any
person, except a common carrier, who shall act as the agent or
employee of such manufacturer or such seller, or person 1n so
keeping, storing, offering or exposing for sale such ardent spirits,
or act as the agent or employee of the purchaser in purchasing such
ardent spirits, except as herein provided, shall be deemed guilty of
a misdemeanor for the first offense, and of a felony for any sub-
sequent offense committed after the first conviction; provided, that
the offense of drinking, giving away, or receiving 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 Jeemed. a felony, but the burden of proof that said
ardent spirits are for personal use shall be upon the defendant.

Sec. 5. Penalties—Any person who shall violate any of the pro-
visions 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
any subsequent offense committed after the first conviction, which
is not declared a felony by this act, shall be a fine of not less than
one hundred dollars, nor more than five thousand dollars, and im-
prisonment in jail for not less than six months nor more than one
vear. 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 con-
finement in jail not less than six months nor more than twelve
months and by a fine not exceeding five hundred dollars; but where
upon the trial of any charge of a violation of this act, it shall
appear to the court trying the case that there has been no inten-
tional violation of any provision thereof, but an unintentional or
inadvertent violation thereof, then such court shall instruct the
jury that they cannot impose a jail sentence.

_ Sec. 6. Situs of sale when shipment is made by a common car-
rier.—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 fon,seh sale may likewise be had'in
the city or county wherein the seller resides or from which the ship-
ment 1s made.

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

“State of Virginia ..............006. beeen ee ees
County of ....... cece cc cc eee eee to-wit:
In the circuit court of ................. county:

The grand jurors in and for the body of said county of
and now attending said court at its
Dec ee cece tern, nineteen ........--.., upon their oaths, do
present that ........ 0. cece eee eee eee ee eee within one year next
prior to the finding of this indictment, in the said county of
ee eeeeeeeeeeeeeeeey Gid unlawfully manufacture, sell,
offer, keep, store and expose for sale, give away, transport. dis-
pense, solicit, advertise and receive orders for ardent spirits, against
the peace and dignity of the Commonwealth of Virginia.”

And if it be a second offense, it shall be so stated in the indict-
ment 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, pro-
vided that the failure to charge former conviction shall not invali-
date the indictment.

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

Sec. 8. Hotels permitted to use certain cooking wines and bath
houses to use alcohol.—Nothing in this act shall prevent the man-
ager of any hotel which has on hand ardent spirits, wines or
alcohols purchased prior to July first, nineteen hundred and seven-
teen, and shown by its sworn statements filed with the clerk of the
court which granted license under the act approved March tenth.
nineteen hundred and sixteen, from having and using said ardent
spirits, wines and alcohols for cooking and culinary purposes only.
or externally with massage in connection with baths given at a
bathing establishment used in connection with said hotel; and not
to be used contrary to the provisions of this act; provided, however,
that the manager of said hotel 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
1s 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 before which
and the time at which the application will be made for license to
have and use such ardent spirits, wines and alcohols. Such notice
shall be published once a week for three successive weeks in some
newspaper published in the county or city, and if there 1s no news-
paper published in the county in which the privilege is to be exer-
cised the notice shall be published in some newspaper of general
circulation therein.

Before the court shall grant any such license, the judge thereof
shall be satisfied that the manager of said hotel making the appli-
cation is of good moral character, is a hotel manager 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 controlling the use of such ardent
spirits, wines and alcohols; that the applicant has presented satis-
factory proof that there is a necessity existing for the granting of
such license; provided that any citizen may appear personally or
bv counsel in opposition to the granting of any license herein pro-
vided for.

Each manager of any licensed hotel shall file a sworn statement,
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, 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 security 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.

_ Sec. 8-a. Wine or cider, manufacture, use, sale of, when not pro-
hibited by this act; denatured alcohol or denatured rum for use
in industrial or mechanical arts when exempted from provisions of
this act; wood or denatured alcohol exempted from the provisions
of this act—The provisions of this act shall not be construed to
prevent any person from manufacturing for his domestic consump-
Jon at his home, but not to be sold, dispensed or given away, except
is hereinafter provided, wine or cider from fruit of his own raising;
rr to prevent the manufacture from fruit of cider for the purpose
f making vinegar, not used as a beverage; and non-intoxicating
der, containing not more than one per centum of alcohol by
volume, for use or sale.

Nothing in this act or in any section thereof shall have any
pplication whatever to denatured alcohol or denatured rum in-
ended for use only in the industrial or mechanical arts, including
specially the manufacture of tobacco, cigarettes, cheroots, or cigars.
vhere the same is brought or shipped into the State under bond and
here kept and stored under bond, in strict compliance with the
United States internal revenue laws and regulations, until actually
applied to the uses above mentioned and none other whatsoever.

Nothing in this act shall be construed to apply to wood or dena-
tured alcohol, the manufacture or sale of which does not require
the payment of United States liquor dealer’s tax.

Sec. 8-b. Medicines containing alcohol, toilet, medicinal and
antiseptic preparations and solutions. etc., containing alcohol,
flavoring extracts containing alcohol, how may be manufactured,
kept, sold and dispensed; violations, how punished; how manufac-
turers of flavoring extracts, toilet, medicinal, antiseptic preparations
and solutions may obtain alcohol.—The provisions of this act shall
not be construed to prevent the sale or gift and keeping and storing
for sale by druggists and general merchants or others duly licensed
by existing laws of any medicinal preparations manufactured in
accordance with formulas prescribed by the United States pharma-
coepia and national formulary patent and propiretary preparations
and other bona fide medicinal and technical preparations which
contain no more alcohol than is necessary to extract the medicinal
properties of the drugs contained in such preparations, and no
more alcohol than is necessary to hold the medicinal agents in solu-
tion and to preserve the same, and which are manufactured and
sold and used exclusively 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 con-
spicuously and legibly and clearly the quantity by volume of alcohol
in such preparations;

Or to prevent the manufacture or keeping for sale of the food
product known as flavoring extracts which shall be so manufac-
tured or sold for cooking and culinary purposes only, and not to
be sold for beverage purposes; 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 re-
quired the payment of the United States liquor dealer’s tax.

Provided such manufacturers, druggists, general and retail mer-
chants and others duly licensed under existing laws, shall first
secure from the circuit court of the county or the corporation or
hustings court of the city where such manufacturer, druggist, gen-
eral and retail merchant or other duly licensed person does busi-
ness, a permit to manufacture, purchase, keep, store and sell such
articles for which permit no tax shall be charged but the clerk
entering the order therefor shall receive a fee of twenty-five cents;
which said permits. shall be subject to revocation for cause by the
circuit court of the county or the corporation or hustings court
of the city where such manufacturer, druggist, general merchant,
or other duly licensed person, does business, and provided further
that such permits shall also be subject to suspension for cause during
the vacation of the court by the judge of such court having juris-
diction, said permits granted to merchants and retail druggists to
be good until suspended or revoked. -

It shall be unlawful for any person to sell such toilet, medicinal,
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 a sale of any of
them for beverage purposes shall be punished as prescribed by this
act, but a sale of any of them without the permit requried by this
section shall be deemed a misdemeanor and for the first offense be
punishable by a fine of not less than ten nor more than one hundred
dollars, and for any subsequent offense by a fine of not less than
fifty nor more than five hundred dollars.

It shall be unlawful for any person to purchase such toilet, me-
dicinal or antiseptic preparations or solutions of flavoring extracts
or patent or proprietary medicines or preparations for use as a
beverage, under representation to the vendor, that the same is in-
tended for bona fide use as a toilet, medicinal or antiseptic prepa-
ration or flavoring extract, any purchase upon such misrepresenta-
tion shall be deemed a misdemeanor, and punishable by a fine of
not less than ten dollars nor more than one hundred dollars.

It shall be unlawful for any person to sell any such prepara-
tions, solutions, extracts or medicines as is above enumerated in this
section to any person who is intoxicated or who is known by the
person selhng it to be a person of intemperate habits as is defined
by section forty-nine in this act. And, any violation of this pro-
vision shall be punished as unlawful selling of ardent spirits is pun-
ished by this act; providing that any such medicinal preparations
may be sold to a person of intemperate habits by a licensed drug-
gist under the same conditions that whiskey and brandy may be
sold by a druggist as prescribed in this act.

erever In anv prosecution under this section it appears from
the evidence that the defendant has sold any of the preparations,
solutions, extracts or medicines enumerated in this section in a quan-
tity exceeding a normal or usual purchase, or has made more than
one sale to the same person within a period of twenty-four hours,
this shall be prima facie evidence that the defendant knowingly
sold such preparation, solution, extract or medicine for beverage
purposes and the burden shall be upon him to rebut said presump-
tion to the satisfaction of the jury or court trying the case.

The manufacturers of flavoring extracts, or of toilet, medicinal,
antiseptic preparations or solutions, patent or proprietary medicines
or preparations permitted to be manufactured by this act shall be
permitted to purchase and cause to be transported into this State
by common carriers in accordance with the provisions of this act,
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 from the commissioner a permit
which shall be subject to the rules and regulations prescribed by
the commissioner and be subject to suspension or revocation for
cause, and shall file with the clerk of the circuit court of the county
or corporation or hustings court of the city within which such man-
ufactory is located a monthly report as is required of druggists by
this act.

But before the commissioner shall issue a permit to manufactu-
rers of flavoring extracts, or toilet, medicinal or antiseptic prepara-
tions or solutions, patent or proprietary medicines or preparations
permitted to be manufactured by this act, the applicant shall give
bond to the Commonwealth in the sum of not less than one thousand
dollars nor more than ten thousand dollars conditioned that he will
not violate any of the provisions of this act.

All permits issued by the commissioner for the manufacture and
sale of articles and preparations permitted to be manufactured by
this section shall expire May first of each year. ,

Sec. 8-c. Sale of ardent spirits by druggists, when permitted;
sales by druggists, for medicinal purposes; how druggists not
licensed under this act may procure pure grain, ethyl or fruit alco-
hol for own pharmaceutical use.—The provisions of this act shall
not be construed to prevent the sale and keeping and storing for
sale by druggists licensed under this act, as hereinafter provided,
of pure grain, fruit or ethyl alcohol for mechanical, pharmaceuti-
cal and scientific purposes or of wine for sacramental purposes upon
affidavit as hereinafter provided, or of ardent spirits for medicinal
purposes, or as provided in the preceding section.

But alcohol and other ardent spirits except such preparations
as are permitted to be manufactured and sold by section eight-b of
this act, shall not be sold by druggists for medicinal purposes except
under a license as required by this act, and then only upon a writ-
ten prescrintion of a physician in active practice of good standing
in his profession, and not of intemperate habits, or addicted to the
use of any narcotic drug, prescribing the quantity of alcohol, or
other ardent spirits, designating the said amount in fractions of a
pint, or quart, the disease or malady for which it is prescribed, how
it 1s to be used. the name of the person for whom prescribed, the
number of previous prescriptions for ardent spirits, other than med-
icines or preparations permitted to be sold by section eight-b of
this act, given by such physician for such person within six months
next preceding the date of such prescription, and stating that the
same is absolutely necessary as a 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 examination of such per-
son; and only one sale, not exceeding two quarts of alcohol. or one
gallon of malt or vinous liquors, or one quart of brandy or whiskey,
shall be made upon such prescription, which shall at all times be
kept on file bv the druggist filling the same, and onen to the inspec-
tion of all State, county and municipal 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 phy-
siclans mentioned in this section in the following order: The name
of the physician, the name of the person prescribed for, the quan-
tity of alcohol or other ardent spirits, and the use for which pre-
scribed, and shall endorse on the prescription or affidavit the date
upon which the prescription was filled, and the name of the drug-
gist or firm filling said prescription, or making said sale, and such
book shall at all times be open for the same inspection as the pre-
scription.

ut nothing in this act shall prevent a druggist duly licensed
under existing laws from buying, storing and using pure grain,
ethyl or fruit alcohol for his own pharmaceutical purposes, pro-
vided he makes the monthly reports to the clerk of the court as
required by this act; and any common carrier may transport such
alcohol to any druggist under a permit from the commissioner as
provided in this act, or under like conditions wine, for the purpose
of compounding wine of antimony, wine of ipecac and like prepa-
rations.

Sec. 8-d. Purchases by dentists, physicians and veterinary sur-
geons.—Nothing in this act shall be construed to prevent dentists,
physicians and veterinary surgeons from purchasing in accordance
with the provisions of this act pure fruit or ethyl or grain alcohol
to be need, in the practice of their profession, ond for no other pur-
pose whatsoever, upon affidavit prescribed herein or upon a permit
from the commissioner.

Sec. 8-e. Jamaica ginger.—lIt 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 phar-
macist only upon the prescription of a regular licensed physician,
and then only upon the same conditions as ardent spirits are sold
under the provisions of this act.

Nothing in this act shall be construed to prevent the manufac-
ture 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.

Sec. 9. Sales by druggists of pure grain, ethyl or fruit alcohol
for scientific, pharmateutical and mechanical purposes; sales by
druggists of wine for sacramental purposes; penalty on druggists,
etc., for violations.—It shall be lawful for wholesale and retail drug-
gists to sell pure grain, ethyl or fruit alcohol for scientific, pharma-
ceutical and mechanical purposes, or wine for sacramental purposes,
for use by religious bodies only, to a person, not a misor, nor of
intemperate habits and not addicted to the use of any narcotic
drugs, who shall at the time and place of sale, if bought in person,
make an affidavit in writing, signed by himself, before such drug-
gist, or a registered pharmacist, then in the employ of such drug-
gist, or, if not bought in person, before any person authorized by
Jaw 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 intemperate 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 inspection at all times by any State, county, or
municipal officer, their deputies or inspectors, and a record thereof
made by such druggist in the record book for affidavits and pre-
scriptions herein mentioned, 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 mak-
ing 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 reg-
istered druggist or pharmacist making such sale shall have author-
ity to administer the oaths required by this section.

If any druggist, owner of a drug store, registered pharmacist,
or clerk, or employee shall, knowingly sell or give away such alco-
hol, or other ardent spirits, to any one to be used for any purpose
other than that named in said prescription or affidavit (provided
that no ardent spirits other than alcohol for merchanical or phar-
maceutical, or wine for sacramental purposes, or such preparations
as are permitted to be manufactured and sold under section eight-b
of this act, shall be sold except upon prescription), or shall sell or
give away any ardent spirits other than preparations permitted to
be manufactured and sold under section eight-b of this act, without
such prescription or affidavit, he shall be deemed guilty of a misde-
meanor, and in addition to the penalty prescribed for a-misdemeanor
by this act, the license of such druggist to sell ardent spirits shall be
revoked by the court for the period of one year, and all ardent spir-
its in possession of said druggist, or in the said drug store, or on
the premises connected therewith, shall be turned over by order of
the court to the commissioner; for a subsequent offense, in addition
to the penalty prescribed for a misdemeanor by this act, the license
of 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 forth-
with be by order of the court turned over to’ the commissioner and
the court shall forthwith certify the fact of the revocation of said
license to the authority granting such license, which order of revo-
cation, shall forthwith be made a matter of record by said author-
ity, and shall act as a bar to the granting of license to said drug-
gist in the future.

Sec. 10. Presumptions upon sale by druggists, etc., unlawful sales
by employees without employer’s knowledge; penalties for failure to
discharge convicted employees.—In any prosecution against a drug-
gist, owner of a drug store, registered pharmacist, clerk or employee,
for selling or giving away 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 aflidavit by the defendant on trial shall be
sufficient to rebut the presumption arising from the proof of such
sale or gift; provided that the jury shall believe from all the evi-
dence in the case that such sale or gift was made in good faith under
the belief that such prescription or affidavit and the statements there-
in were true; and provided further, that such druggist, owner of a
drug store, registered pharmacist, clerk or employee shall have com-
plied 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 sel
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 before trial and the revocation of the
license and before the ardent spirits in his possession are turned
over to the commissioner 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 connivance, 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 sec-
tion 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 noti-
fied that any clerk or employee has been convicted of a violation of
any of the provisions of this section, shall fail at once to discharge
said clerk or employee permanently, he shall be deemed guilty of a
misdemeanor, and upon conviction, shall be fined not less than one
hundred nor more than five hundred dollars, and for any subse-
quent offense shall be fined not Jess than one hundred nor more than
five hundred dollars, and be confined in jail not less than one nor
more than six months, and if any registered pharmacist shall be
convicted of the violation of this section, he shall, in addition to
the penalties provided for such‘violation, forfeit his license as a
registered pharmacist, for a period of two years.

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

“Commonwealth of Virginia,
County of ............. eee eee to-wit:
In the circuit court of said county:

The grand jurors in and for the body of said county of......
nc eeeeeeees 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 ................008. did unlawfully sell, give away,
offer, dispense, expose, keep and store for sale and gift, ardent spir-
its against the peace and dignity of the Commonwealth of Virginia.”

And if it be a second offense, it shall be so stated in the indict-
ment 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 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 sub-
stituted for county, the court having Jurisdiction substituted for
circuit court, and the name of the city for the name of the county.

Sec. 12. Affidavit by person of intemperate habits, use other than
stated in affidavit——If any person who is of intemperate habits or
addicted 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 know-
ingly make any false statement in such affidavit, he shall be guilty of
a misdemeanor.

Sec. 18. When issue of prescriptions by physicians unlawful;
penalty.—If any physician who is not in active practice, or who is
not in good standing in his profession, or who is of intemperate
habits, or addicted to the use of any narcotic drug shall issue any
such prescription as is mentioned in this act, or 1f any physician
shall issue such prescription without at the time making a careful,
personal physical examination of the person for whom the ardent
spirits are prescribed, or shall prescribe such 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 medicinal purposes as a necessary 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 shal] prescribe ardent spirits when such ardent spirits are plainly
not a remedy, or shall prescribe more than two quarts of alcohol,
or one gallon of malt or vinous liquor or one quart of brandy or
whiskey, or shall resort to any shift or device by which ardent spir-
its may be improperly procured, he shall be deemed guilty of a mis-
demeanor, 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 sub-
sequent offense in addition to the penalty prescribed for a misde-
meanor by this act, the court shall forthwith revoke the license of
said physician, and shall forthwith certify the fact of the revoca-
tion 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. Issue of license to druggists; statement required of
druggists, license to hospitals, chemical laboratories, and statements

—
required; bond required upon issuance of license.—Before a drug-
gist shall sell ardent spirits on prescription, or pure fruit, ethyl, or
grain alcohol for scientific, mechanical 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 corporation or hustings court of the city, provided
no such license shall be required for the sale of articles permitted
to be manufactured and sold under section eight-b of this act.

Before making application for such license notice must be posted
and continuously kept on the front door of the store or place of
business in which the privilege is to be exercised for at least thirty
days before making the application, stating the court before whic
and the time at which the application will be made for license to
sell pure fruit, ethyl and grain alcohol, wine for sacramental pur-
poses, and other ardent spirits. 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 having general circulation therein
and shall be posted for twenty days on the front door of the court
house of said county.

Before the court shall grant any such license, the Judge thereof
shall be satisfied that the person making the application 1s a quali-
fied voter of the State, unless the applicant is a woman, and of good
moral character, is a registered pharmacist in good standing, or
employs a registered 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 inhab-
itants 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 narcotic drug; that he is a per-
son of good character and will observe the laws controlling the sale
of ardent spirits and alcohol; that the applicant has presented sat-
isfactory proof that there is a necessity existing for the grantin
of such license, and that the sale of ardent spirits at that place an
by the applicant will not be contrary to sound public policy or inju-
rious 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
election petition the court not to grant such license in the following
cases. namely: In a town of over one thousand inhabitants, the peti-
tion shall be signed by a majority of the 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
mag‘sterial district in which said town is situated; if in the dis-
trict the petition shall be signed by a majority of said qualified
voters of the magisterial district and towns of less than one thou-
sand inhabitants in said magisterial district.
The court may also in its discretion issue to any wholesale drug-
gist who is a qualified voter of the State and of good moral char-
acter, a license to sell pure grain, ethyl, and fruit alcohol, to any
druggist, or other person for scientific, pharmaceutical and mechan-
ical purposes or wine for sacramental purposes under the provis-
ions of section nine of this act; and pure grain, ethyl, and fruit
alcohol, wine for sacramental purposes, or other ardent spirits 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 personally or by counsel in opposition
to the granting of any license herein provided for, provided that
the provisions of this section shall not be construed to require a
license for the purchase or sale of the preparations permitted to be
manufactured and sold under section eight-b of this act.

Each retail and wholesale druggist shall file a sworn statement
with the clerk of the court granting the license on or before the fifth
of each month, stating the amount of pure fruit, ethyl, and grain
alcohol, wine or other ardent spirits, other than preparations per-
mitted to be manufactured and sold under section eight-b of this
act, on hand on the first of the previous month, the amount received
during the previous month, and the amount on hand the date the
statement 1s made. Nothing in this act shall prevent the superin-
tendent of a hospital from ordering, purchasing and receiving ardent
spirits or the superintendent of a chemical laboratory, from order-
ing, purchasing or receiving pure grain, ethyl or pure fruit alcohol
for the use of the hospital or laboratory, not to be used contrary to
the provisions of this act, and nothing shall prevent common car-
riers from transporting and delivering such ardent sprits and alco-
hol to such hospitals or laboratories having license to order and
receive the same, under a permit from the commissioner, but before
ordering or receiving said ardent spirits other than preparations
permitted to be manufactured and sold under section eight-b of this
act before ordering or receiving said alcohol, the hospital or labo-
ratory shall procure license from the court under the same condi-
tions as license is granted to druggists; provided, further, that it
shall be unlawful for any hospital to sell ardent spirits, other than
preparations permitted to be manufactured and sold under section
eight-b of this act, except upon prescription to its own patients
under the same restrictions and reports required of druggists; and
provided, further, that chemica] laboratories shall make report as
required of druggists of the disposition and use of all alcohol
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 dis
pense or sell any ardent spirits or alcohol, except under and in
accordance with the provisions of this act.

Sec. 15. Shipment of ardent spirits to druggists; records to be
kept by transportation company; cities and counties exempted.—
Nothing in this act shall be construed to prevent a duly licensed
druggist under this, from having shipped to him, or to prevent any
transportation company from delivering to him under a permit from
the commissioner, pure fruit, ethyl and grain alcohol, wine or other
ardent spirits, in such quantities and at such times as said druggist
licensed under this act may deem necessary. But before any ship-
ment 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 delivery, and the consignee shall make
affidavit before some person authorized to administer an oath that
the pure fruit, ethyl and grain alcohol, wine or other ardent spirits
included in the shipment are to be sold, dispensed or used accord-
ing to the provisions of this act. Any druggist licensed under this
act, failing to comply with any of the provisions 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, Gray-
son, Smyth, Russell, Scott, Lee, Floyd, Augusta, Pittsylvania, Wash-
ington, Bland, Giles, Pulaski, Prince William, Southampton; Rock-
ingham, Princess Anne, Norfolk, Carroll, Lunenburg, Prince Ed-
ward, Patrick, Chesterfield, Campbell, Loudoun, Orange and Mont-
gomery, Tazewell, and the cities of Roanoke, Staunton, Harrison-
burg, Danville and Richmond and Radford, Norfolk city and city
of Portsmouth, it shall not be lawful for druggists to purchase, store
or sell ardent spirits, except wine for sacramental purposes and pure
fruit, ethyl and grain alcohol for medicinal, scientific, mechanical
or pharmaceutical purposes, as provided in this act. Provided the
provisions of this act shall not be construed to require a permit for
the transportation or the keeping records by a transportation com-
pany of any of the articles permitted to be manufactured and sold
under section eight-b of this act.

And provided, further, that the dispensary of Norfolk city now
operated under the direction of the health department of said Nor-
folk city be, and the same is hereby, given all the rights and privi-
leges of drug stores and is hereby authorized to sell ardent spirits
for medicinal purposes only subject to all the provisions, conditions
and limitations of this act.

And provided, further, that in any county or city exempted from
the drug store provisions with reference to the sale of ardent spirits
under this act the circuit court of the county or corporation or hust-
ings court of the city upon application by said person and the
approval of the commissioner, 1s authorized to name one or more
creditable and responsible drug stores in each of such counties or
cities, as the necessity of the situation may require, for the sale of
ardent spirits for medicinal purposes in accordance with the provis-
ions of this act, provided that no such license shall be granted in
the cities of Norfolk and Portsmouth, and the counties of Prince
William, Giles, Bland and Appomattox.

Sec. 16. Keeping ardent spirits at clubs, lodges, ete.—It shall
be unlawful for ardent spirits to be received, delivered to, 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 whether of like kind o1
not except in a bona fide “home” as hereinafter provided. Every
person who shall directly or indirectly, or by association with oth-
ers, keep or maintain or in any manner aid, assist or abet in keep-
ing or maintaining any such club house, fraternity house, lodge or
meeting place of any corporation, association or combination, or
any place in which ardent spirits are received or kept for the pur-
pose of use, gift, barter or sale, or for distribution, or individual
use by means of lockers or otherwise, or for division among the
members of any club, fraternity, lodge, corporation, 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 giving 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 cascs the members, shareholders or guests in
any club, fraternity, lodge, association, corporation or combination
mentioned 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. Delivery, receipt, use, possession of ardent spirits unlaw-
ful; ardent spirits in houses of prostitution.—It shall be unlawful
to deliver to, receive in, keep, store, dispense, sell or offer for sale,
give away or use, or have in possession ardent spirits in any place,
except as provided in this act.

It shall be unlawful to deliver to, receive in, keep, store, dispense,
sell or offer for sale, give away or use, or have in possession ardent
spirits in a place reputed to be a house of prostitution, whether said
house be a bona fide home or not.

Any violation of this section shall be a misdemeanor; any sub-
sequent violation of delivering to, receiving in, keeping, storing,
ciispensing, selling, offering for sale, giving away, using or having
ardent spirits in possession in a place reputed to be a house of pros-
titution shall be deemed a felony.

Sec. 18. Devices to evade the provisions of this act.—The keep-
ing, storing, or giving away of ardent spirits, or any shift, or anv
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. Certain advertisements, and circulation, etc., of certain
matter prohibited; publication of statements regarding the liquor
traffic; how punished.—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 cir-
cular, poster, price list, newspaper, periodical, or otherwise within
this State ardent spirits, or to advertise the manufacture, sale, keep-
ing 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 in any way whatever, provided that wholesale drug-
gists licensed under this act shall be permitted to send price lists to
those to whom they are permitted to sell ardent spirits under this
act; (2), to circulate or publish any written or printed matter, 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, con-
stable or police officer is authorized to remove any such advertise-
ment 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 brewery,
distillery, bottle, keg, barrel, or box, or other receptacle represented
as containing ardent spirits, or designed to serve as an advertise-
ment thereof, shall be within the inhibition of this section. Noth-
ing in this act shall be construed as prohibiting any person from
giving away without any compensation therefor any paper or mag-
azine which he has received by mail, or which he has brought into
the State in person, provided that such gift shall not be a subter-
fuge or device, or a violation of the provisions of this act, forbid-
ding the circulation of newspapers, periodicals, or other written or
printed matter containing any advertisement 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 compen-
sation of any kind, without printing at the beginning and at the
close of said statement in type of the same size used in the body of
the said article the following statement: “Printed as paid adver-
ising.

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
-orporation, may be prevented by a writ of injunction issued by a
-ourt of equity or by the judge thereof in vacation, upon a bill filed
in the name of the State of Virginia by the attorney 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
een committed; and all rules of evidence, practice and procedure
hat pertain to courts of equity generally may be invoked and
ipplied, as well as the rules and practice prescribed for bills in
quity to abate nuisances, 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 commis-
sion of the offense, may be made parties defendant to such bills.

Any violation of any provision of this section of this act shall
ve 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 dol-
lars, and by imprisonment in jail for not less than two nor more
than six months.

Sec. 20. Handling certain drafts for ardent spirits prohibited ;

nalty.—It shall be unlawful for any bank incorporated under the
laws of this State, or any national or private bank, or any individ-
ual, corporation, firm or association, to present, collect, 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 receipt 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. Agents of common carriers not to receive orders or col-
lect money, etc., for ardent spirits—It shall be unlawful for any
employee or agent of any common carrier doing business in this
State, to collect, receive 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
carrier, 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 commis-
sion or fee on any ardent spirits shipped, transferred or delivered
by such common carrier. A violation of this provision shall be a
misdemeanor.

Sec. 211%. Requiring stills to be registered and declaring all
unregistered stills contraband; proceedings upon seizure; providing
for the registration of certain stills and issuance of a permit from
the commissioner.—It shall be unlawful for any person except duly
licensed druggists, hospitals and laboratories, in this State to own
or have in his possession any still, still cap, worm, tub, fermenter
or any of them or any other appliances connected with a still and
used, or mash or other substances, capable of being used in the man-
ufacture of ardent spirits, unless such owner shall be registered with
the commissioner and obtain from him a permit to own such stHl,
which permit shall be kept conspicuously posted at the place where
such still is located. All stills in this State not registered under a
permit as herein required and all mash or other products used in the
operation of such a still are hereby declared contraband and shall
be subject to seizure by any officer charged with the enforcement of
the law, which officer shall destroy all mash and other like products
found at such still and used in the operation thereof and shall forth-
with notify the commissioner and turn over to him all still caps.
worms, tubs, fermenters and other appliances to be disposed of as
required by this act.

When any property is seized under this section the officer mak-
ing such seizure shall report the fact to the Commonwealth's attor-
ney, of the county or city in which such seizure is made, who shall
at once file an information in the name of the Commonwealth
against said property, by name or general designation. The infor.
mation shall allege the seizure, and set forth in general terms the
cause or grounds of forfeiture. It shall also pray that the property
be condemned and sold and the proceeds disposed of according to
law, and that all persons concerned in interest be cited to appear
and show cause why the said property should not be condemned and
sold to enforce the forfeiture, said information shall be sworn to
by the Commonwealth’s attorney. Upon the filing of the informa-
tion the clerk shall issue a notice reciting briefly the filing of the
information, the object thereof, the seizure of the property and cit-
ing all persons interested to appear on the first day of the next term
of said court, if that be more than ten days from the date of such
notice, or if not, on the first day of the next succeeding term, and
show cause why the prayer of the information for condemnation and
sale should not be granted. He shall at least ten days before the
day fixed by the notice for the appearance, post a copy of said notice
at the front door of the court house which posting shall be sufficient
service of the notice on all persons concerned in interest. If any
claimant appear he shall file the grounds of his claim in writing
under oath in which event the proceedings shall conform as nearly
as practicable to chapter ninety-eight of the Code of Virginia of
nineteen hundred and four. In the event any such claimant appear
the clerk shall forthwith notify the commissioner.

Provided the commissioner shall upon the application of any
chemist, superintendent of a laboratory or hospital, physician or
other person permitted by law to practice his profession or conduct
his business in this State register such person, and issue to him a
permit to own or have in his possession a still, not to be ued con-
trary to the provisions of this act, which permit shall be granted
subject to rules and regulations to be prescribed by the commis-
sioner and be subject to suspension and revocation for cause, for
which permit the applicant shall pay a fee of fifty cents.

Whenever any still is seized under the provisions of this act and
the party owning or operating the same is arrested the officer mak-
ing the seizure and arrest shall be allowed a fee of fifty dollars and
upon conviction of said person, the attorney for the Commonwealth
shall receive a fee of ten dollars, which shall be taxed against the
defendant and collected as other costs in the manner provided by
aw.

_ Sec. 22. All ardent spirits and containers in which ardent spir-
its are manufactured, kept, stored, possessed, sold or in any manner
used in violation of the provisions of this act shall be deemed con-
traband and shall be forfeited to the Commonwealth, provided the

provisions of this act shall have no application to ardent spirits
stored in bona fide homes prior to November first, nineteen hundred
and sixteen or to ardent spirits acquired in accordance with the pro-
visions of chapter one hundred and forty-six of the acts of assembly
of Virginia approved March tenth, nineteen hundred and sixteen,
so long as the same shall not be used in violation of the provisions
of this act.

If there be complaint on oath that ardent spirits are being man-
ufactured, sold, kept, stored, or in any manner held, used or con-
cealed in a particular house, or other place, in violation of law, the
justice of the peace, police justice, circuit or city judge and mayor
of any city or town to whom complaint is made, if satisfied that
there is reasonable cause for such belief, shall issue a warrant to
search such house or other place for the ardent spirits. Provided
that whenever such a warrant is issued for the search of any bag-
gage room, house or other place, the property of a public service
corporation, such warrant shall describe with reasonable certainty
the baggage, container or package to be searched.

Every warrant shall be directed to an officer charged with the
enforcement of this act and shall command him to search the place
designated, either in day or night, and seize such ardent spirits and
their containers and other things apparently used in violation of
law and bring the same and the person in whose possession they are
found before a justice of the peace, police justice, mayor, or court
having cognizance of the case, and to make return of said warrant,
showing all acts and things done thereunder, with a particular state-
ment of the things seized and the name of the person 1n whose pos-
session they were found, if any, and if no person be found in pos-
session of said articles the return shall so state. A copy of said
warrant shall be posted on the door of the building or room wherein
the same are found, or if there be no door, then in any conspicuous
place upon the premises.

Upon the return of the warrant as provided in this section, the
justice of the peace, police justice, mayor or court shall fix a time
not less than ten days and not more than thirty days thereafter, for
the hearing of said return, when he shall proceed to hear and deter-
mine whether or not the articles so seized, or any part thereof, were
used or in any manner kept, stored or possessed in violation of anv
of the provisions of this act. At such hearing if no claimant shall
appear the justice of the peace, police justice, mayor or court shall
declare the articles seized forfeited to the Commonwealth and if
such articles be not necessary as evidence in any pending prosecu-
tion shall turn the same over to the commissioner as is herein
required. At such hearing any person claiming any interest in any
of the articles seized may appear and file a written claim setting
forth particularly the character and extent of his interest, where-
upon, If the trial be before a justice of the peace, police justice, or
mayor, he shall forthwith certify the warrant and the articles seized
along with the claim filed therein to the circuit, corporation or hust-
ings court having jurisdiction, which court shall docket the case,

i -~ Go wa *

but any prosecution pending against any person for a violation of
the provisions of this act in relation to said ardent spirits shall have

recedence on the docket of such court. Thereupon the court shall
hear and determine the validity of such claim. But uopn such
hearing the sworn complaint or affidavit upon which the search war-
rant was issued and the possession of such ardent spirits shall con-
stitute prima facie evidence of the contraband character of the liquor
and articles seized, and the burden shall rest upon the claimant to
show, by competent evidence, his property right or interest in the
articles claimed and that the same were not kept, stored, possessed
or in any manner used in violation of any of the provisions of this
act. If, upon such hearing, the evidence warrants, the court shall
thereupon enter a judgment of forfeiture, and order the articles so
seized to be turned over to the commissioner as js herein required.
Action under this section and the forfeiture of any articles there-
under shall not be a bar to any prosecution under any other provis-
ion of this act.

If any person shall knowingly and wilfully make any false com-

plaint under this section, he shall be guilty of a misdemeanor and

ned not less than fifty nor more than two hundred dollars for each
offense.

Nothing herein contained shall be construed to permit the issu-
ance of general warrants whereby an officer may be commanded to
search suspected places without evidence of a fact committed, or to
selze any person or persons not named, or whose offense is not par-
ticularly described and supported by evidence.

Sec. 23. When accused sent on to court and recognizance
required.—If upon examination of any person charged with the vio-
lation of any of the provisions of this act, it shall appear to the jus-
tice, judge or mayor before whom the warrant is returned, that
there is probable cause to believe the accused guilty, he shall be
required to enter into a recognizance in the penalty and with secur-
ity 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 materia] witnesses shall also be recognized, with or without
security, as the justice, judge or mayor may deem proper, to appeal
before the grand jury, at the next term of the court having jurisdic.
tion, to give evidence, and if the person so charged shall have beer
previously convicted of the violation of this act, the justice, judge o1
mayor may require of the person so charged, to give bond with pen.
alty and security, to be approved by said justice, judge or mayor
conditioned that he will not violate any of the provisions of thi:
act, until the charge against him has been tried or dismissed, anc
upon failure to give such bond, he shall be committed to jail unti
the bond is given, or he is discharged by the court.

Sec. 2314. It shall be unlawful for any person knowingly tc
resist, impede, or obstruct, or in any manner to hinder or delay any
legal officer having in his hands any search warrant, issued by an}
officer of this State having the right to issue the same, under the
provisions of this act, in the execution of such warrant. —

Any person so resisting, impeding, obstructing, or In any way
hindering or delaying any officer in the execution of a legal search
warrant in his hands shall be guilty of a misdemeanor.

Sec. 24. Jurisdiction of cases arising under this act.—The cir-
cuit, corporation and hustings courts having jurisdiction for the
trial of criminal cases shall have exclusive original jurisdiction
except as herein otherwise provided, for the trial of all cases arising
under this act and for the trial of all civil cases involving the own-
ership of ardent spirits and other property seized under its provis-
ions; except that mayors, police justices and others having Jjurisdic-
tion for the trial of cases for the violation of the ordinances of the
cities and towns shall have jurisdiction to try cases arising under
ordinances passed by their respective cities and towns as hereinafter

rovided, with the right of appeal to the defendant to the court
having jurisdiction to try such appeal.

Sec. 25. Enforcement of city ordinance; territory contiguous
to cities.—Nothing in this act shall be construed as conflicting 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 jurisdiction over the territory con-
tiguous to the city within three miles of the city limits, provided
said three-mile limit does not interfere with the jurisdiction of the
mayor or police justice of any other city or town, and where there
is less than six miles between 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. Trial of cases without a jury.—Nothing in this act
shall interfere with the jurisdiction of courts, as it at present exists.
for the trial of criminal cases without a jury.

Sec. 27. City ordinances regulating sale, etc., of ardent spirits.—
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 manufacture, transportation, sale, keep-
ing or storing for sale, advertising or exposing for sale, receiving,
giving away, or dispensing of ardent spirits. and to provide ade-
quate penalties therefor, provided such penalties shall not be less
than those for similar offenses under this act.

Sec. 28. Finding of ardent spirits or United States liquor deal-
ers’ tax receipt prima facie evidence; who to be tried.—Whenever
ardent spirits shall be seized in any room, building, boat, car or

other place, searched under the provisions 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
manufacturing, selling, keeping and storing for sale, gift, or use,
by the person er persons occupying 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 spirits are found, or who is so named in such United
States government tax receipt, shall be tried on the charge of manu-
facturing, selling, and keeping 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
delivered to the commissioner.

Sec. 29. When officer may break and enter houses.—If in any
house, building, boat, car, or other place, as is hereinbefore men-
tioned, the sale, offering, storing or exposing for sale of ardent
spirits is carried on clandestinely, or in such manner that the
person or persons engaged therein cannot 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 neces-
sary for the arrest or identification of the person or persons, offend-
ing, 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. Effect of payment of United States internal revenue
tax; collectors’ certificates as evidence.—The payment of the United
States internal revenue tax, required of liquor dealers by the govern-
ment of the United States, by any person or persons other than
druggists. 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 collector of internal revenue,
his agents, clerks or deputies, showing 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. Analysis of mixtures supposed to contain ardent
spirits; chemist certificate as evidence.—It shall be the duty of the
State commissioner of agriculture, at the request of any officer,
State, county, or municipal, including the commissioner of pro-
hibition charged with the execution of this act and other laws of
this State concerning ardent spirits as herein defined, to cause to
be analyzed, forthwith, any mixture, supposed to contain ardent
spirits as herein defined, and to return to the officer making the
request a certificate of the chemist showing such analvsis. The
certificate of any chemist employed by the department of agri-
culture of this State, when signed and sworn to by him, shall be
evidence in all prosecutions for violations of this act or of any
other laws relating to ardent spirits as herein defined and all con-
troversies touching the mixture analyzed by him; and if the person
taking the sample shall label the same with a mark of identif-
cation and cause it to be delivered to the chemist for analysis, with
a certificate stating that the container contains the actual fluid
taken by him from the manufacturer, dealer, or the person storing,
selling, or attempting to sell the same, the burden of proof shall
be upon the accused to show that it is not the fluid so taken; but on
motion of the accused and for good cause shown, the court may
require the chemist making the analysis, and the person taking
the sample to appear as witnesses and be subject to cross-exami-
nation.

Sec. 31. Certain houses, etc., declared common nuisances.—All
houses, boat-houses, buildings, tents, club, fraternity, and lodge
rooms, boats, cars and places of every description, including drug
stores, where ardent spirits are manufactured, stored, sold, vended,
dispensed, bartered, given away, furnished or used contrary to law
by any scheme or device whatever, shall be held, taken and deemed
common nuisances. Any person who shall maintain, or who shall
aid or abet, or knowingly be associated with others in maintaining
such common nuisances, shall be guilty of a misdemeanor. and judg-
ment shall be given that such house, building, tent, boat house, 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; or proceedings may be had in equity as
provided by section thirty-six of this act.

Sec. 32. Election, salary and term of commissioner: suspension
by governor: report to governor: bond required.—The general
assembly at its session of nineteen hundred and twenty and every
four vears thereafter shall elect a commissioner of prohibition. whose
compensation shal] be thirty-five hundred dollars per annum, and
whose term of office shall be four years. commencing on the first
day of September, after his election, provided that the commissioner
in office at the date this act becomes effective, shall be paid at the
rate of thirty-five hundred dollars per annum.

The governor of Virginia by authority vested in him by sections
seventy-three and seventy-four of the Constitution shall have the
power to suspend said commissioner from office for misbehavior.
incapacity, neglect. of official duty or acts performed without due
authority of law, but in any case in which this power is so exer-
cised, the governor shall report to the general assembly at the begin-
ning of the next session thereafter the fact of such suspension. and
the cause thereof; whereupon the general assembly shall determine
whether such commissioner shall be restored or finally removed,
and the governor shall have the power during the recess of the gen-
eral assembly, to appoint pro tempore a successor to the said com-
missioner; but his appointment to such vacancy shall expire at the
end of thirty days after the commencement of the next session of
the general assembly, except as herein provided, the general assem-
bly shall fill by election 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 gov-
ernor, which shall by the governor be biennially reported to the
general assembly; such report shall give in detail the expenditure
of all public monies and the work of his department, together with
such recommendations for new or additional legislation in refer-
ence to his powers and duties as he may deem expedient.

Before entering upon the duties of his office the said commis-
sioner shall give a bond to be approved by the attorney general
in the penalty of ten thousand dollars for the faithful performance
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 appoint-
ment of a successor whose term of office shall expire thirty days
after the commencement of the next session of the general ascemibly
sitting after the occurrence of such vacancy.

Sec. 38. Appointment of deputies and inspectors; employment
of attorneys, etc—The commissioner shall have the power to ap-
point 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 com-
pensation and expenses within the limits of the appropriation made
for the conduct and maintenance of his department, and said depu-
ties and inspectors shall be removed at the pleasure of the com-
missioner.

Sec. 34. It shall be the duty of the commissioner, in person or
by his deputies and inspectors, to superintendent the enforcement
of all of the provisions of this act, and the laws of this State and
ordinances of municipalities concerning ardent spirits. The com-
missioner, his deputies and inspectors shall diligently inform them-
selves of all violations of such laws and make report to the judge
of the circuit, corporation or hustings court and to the Common-
wealth’s attorney of the county or city in which violations occur,
and it shall be the duty of every prosecuting attorney to faithfully
prosecute every such case or complaint. The commissioner and
is deputies and inspectors shall for the purposes of arrest have
the power of the sheriffs and special officers of the Commonwealth.

The commissioner, 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 attorney
representing his office in the prosecution of any complaint 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 Common-
wealth’s attorney acting with the commissioner, 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 officers any of the powers conferred
upon them except as herein provided.

Sec. 35. Powers of deputies and inspectors.——The deputies and
inspectors appointed by the commissioner of prohibition provided
for in this act shall have the power to administer oaths, take. affi-
davits and examine records, and with a warrant, enter buildings,
and without a warrant may enter freight yards, passenger depots,
baggage and storage rooms of any common carrier, and may enter
any train, baggage, express, Pullman, or freight car and any boat,
automobile, or other conveyance, whether of like kind or not, 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. Injunctions against nuisances as defined in this act.—
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 1s kept or main-
tained, may, in addition to the remedies given in and punishment
imposed by this act, maintain a suit in equity in the name of the
State to abate and perpetually to enjoin the same. The courts
of equity shall have jurisdiction thereof, and in every case where the
bill charges, on the knowledge or belief of complainant, and is
sworn to by two reputable citizens, that ardent spirits are sold,
bartered, given away, distributed, dispensed or stored or used in any
house, building, boat house, club room, fraternity room, lodge room,
hotel, boarding house, apartment house, lodging house, boat, tent,
or any place contrary to the laws of this State, an injunction shall
"e granted as soon as the bill is presented to the court or judge in
vacation, and no bond shal] 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, fra-
ternity 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, docu-
mentarv and oral evidence, if the court or judge-in vacation, shall
be satisfied that the material allegations of the bill are true, although
the premises complained of may not then be 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 empaneling 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 complainant, or
the commissioner, or the attorney for the Commonwealth, when
he conducts the same without assistance, a reasonable fee, which
shall be taxed and collected as other costs, provided that any fee
allowed the commissioner under this section shall be paid into the
treasury of the State.

Sec. 36-a. Disposition of ardent spirits seized; disposition of
stills, tubs, fermenters, etc., se1zed.cWhenever by the terms of this
act, any ardent spirits, containers, stills, still caps, worms, tubs,
fermenters or other appliances used, or which can be used in con-
nection with any still for the manufacture of ardent spirits, shall
be seized by any officer for violation of this act and forfeited to
the Commonwealth, the same shall be turned over to the com-
missioner, who shall in his discretion cause the ardent spirits to be
destroyed, or manufactured into alcohol and disposed of for scien-
tific, mechanical, or medicinal Purposes; or he may sell the ardent
spirits so turned over to him or alcohol distilled therefrom to any
officer, drug store, hospital, laboratory, industrial enterprise, physi-
cian, dental or veterinary surgeon, Lee Camp Confederate veterans,
and any other eleemosynary institution of the State having the
legal right to purchase the same. And said commissioner after
so mutilating the stills, still caps, and worms as to render them
unfit for the manufacture of ardent spirits, shall sell the same
with the tubs, fermenters and containers, and, after paying the
costs of manufacturing the alcohol, and cost of transportation,
storage and disposal of such ardent spirits shall turn over the net
proceeds to the treasurer of the State for the benefit of the lite-
rary fund.

Sec. 36-b. Transportation of malted milk and similar prepara-
tions; commissioner to control sale of preparations containing malt
or alcohol.—The commissioner shall have the right to permit the
transportation into the State, and from place to place within the
State, of malted milk and other similar preparations coming under
the letter but not the spirit of this act, and shall have the power
to prohibit or regulate the sale of preparations and beverages, con-
taining malt or alcohol subject, however, to the provisions herein
contained with regard to the manufacture and sale of such prepara-
tions for medicinal] purposes.

Sec. 37. Drinking ardent spirits in public places—Any person
who shall take a drink of ardent spirits or shall offer a drink to
another, whether accepted or not, 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 passenger 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, whether of like kind
or not, 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 in violation of this act, shall be guilty of a mis-
demeanor, and upon conviction, shall be fined not less than ten
nor more than one hundred dollars.

Sec. 3714. Unlawful to be drunk in public place; penalty; jurs-
diction to try such gases.—Any person who, being intoxicated as
defined in this act, shall appear in any public place in the State of
Virginia, shall be fined not less than five nor more than ten dollars,
and trials under this section may be had before a justice of the
peace, police justice or mayor having jurisdiction where the offense
is committed.

Sec. 388. Records to be kept by common carriers; penalty for
violation.—A1]]1 railroad, steamboat or other boat companies, express
and transportation companies, which shall in any manner at any
time, transport ardent spirits from one place to another within
this State, except as hereinafter provided, are hereby required to
keep books or cards alphabetically arranged, in which shall be
entered immediately upon receipt thereof the name and color of
every person shipping, or to whom ardent spirits are shipped:
the amount and kind received, the date of delivery, by whom and
to whom delivered and within cities the street address. After this
record is made and before delivery it shal] be signed by the con-
signee. The book shall be open to the inspection 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 com-
pany, 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 transpor-
tation company who shall not require one of its employees 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 corporation other than cor-
porations 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 without 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 a:
follows: One quart of distilled liquors, or three gallons of beer, o:
one gallon of wine, may be brought to any person not a student at s
university, college or any other school in this State, nor a minor no!
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; providec
every container in which such ardent spirits, wine or beer are carriec
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 undertaking the transportation
of ardent spirits from any point without this State to any point with.
in 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
previous, 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 commis-
sioner in chancery, or before an agent of the transportation com-
pany, all of which agents dealing with ardent spirits, shall, for the
purposes aforesaid (without charge therefor), be authorized to ad-
minister an oath, and one original shall be sent on or before the
ifth day of the month following, to the clerk of the court of the city
or county having jurisdiction of criminal cases. If any employee
-harged with the duty of keeping the record required by this section
hall fail to keep said record, or shall deliver the ardent spirits
ransported to any person other than the consignee, or to such con-
ignee, before he has signed his name and made the affidavit re-
juired by this section, or shall fail to file the affidavit as herein re-
juired, he shall be guilty of a misdemeanor.

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

Provided that any consignee may authorize in writing, a person
ot of intemperate habits or addicted to the use of narcotic drugs,
ot a minor or a female, to receive for him such ardent spirits. Such
erson shall sign the reecipt or record, as agent for said consignee,
rovided that the said written authority shall be accompanied by the
fidavit of the consignee as hereinbefore required; provided it shall
e unlawful for any common carrier to deliver ardent spirits to any
rson on Sunday, or before eight o’clock 1n 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 construed
to prohibit any person traveling 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 intent 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 person to bring into the State from any
point without the State, whether in his personal baggage or other-
wise, 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 person is violating this provision of this act shall issue his
warrant 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 common
carrier shall, during the business hours of such common carrier, be
open to the inspection of any State, county or municipal officer, or
any deputy of any such officer, or to any person.

3914. The provisions of this act shall not be construed to prevent
the transportation of ardent spirits by a common carrier when pre-
scribed for a minor or a female for medicinal purposes upon a pre-
scription by a physic:an in accordance with the provisions of this act.

Provided that in such cases, or in any other when the consignee
is too 111 to make the affidavit and sign the order required before de-
livery can be made under this act, no delivery shall be made except
upon the written order of the attending physician, which order shall
set forth that the consignee is a minor or a female, or the nature of
the illness preventing the delivery to such consignee, and shall name
some competent person to whom delivery shall be made, which order
of the physician must be written in duplicate, must be duly sworn
to, and shall be filed by the common carrier in the same manner as
if the delivery had been made to the consignee in person. No com-
mon carrier shall deliver such a shipment to the person presenting
such an order from a physician until such person has endorsed upon
the order, in the presence of the agent of the common carrier, his
signature and address.

Sec. 40. No person in this State shall receive or accept delivery
from any railroad, steamboat, express company, or transportation
company of any kind, or from any person whomsoever, any ardent
spirits brought into this State from any point without 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 gallons 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
mch high, the kind and quantity of its contents, and shall, before
receiving the distilled liquor, wine or beer, sign a record made or
kept alphabetically by the company transporting the distilled
liquor, wine or beer, which shall show the name of shipper, name
of consignee, 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 person, 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 violation 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. 40-a. Undelivered ardent spirits in hands of common car-
ners; disposition.—It shall be unlawful for any person, whether the
agent or employee of any transportation company or not, to use,
store, sell, keep or dispose of any ardent spirits not claimed by the
consignee, or about which there has been any mistake in the direction
of the package or otherwise. And every package not claimed or
delivered within ten days of its receipt at point of destination shall
at once be turned over to the commissioner and delivered by the com-
mon carrier, without charge therefor, to the commissioner at Rich-
mond, or otherwise disposed of at his direction.

Sec. 41. Giving ardent spirits to minor, etc.; sending minors
and females for ardent spirits; persons of intemperate habits or
found intoxicated, required to disclose from whom they obtain
ardent spirits; penalty for refusal; possession of ardent spirits by
minors a misdemeanor; penalty.—It shall be unlawful for any per-
gon to give ardent spirits to any person of intemperate habits or ad-
dicted 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, found to be intoxicated or under the influence of
ardent spirits or any narcotic drug, shall be compellable in any
proceeding had under this act to disclose from whom he has received
ardent spirits or drug. For a failure or refusal to make such dis-
closure 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 period not exceeding thirty days. ,

It shall be a misdemeanor for any minor to have ardent spirits
in his possession or under his control, 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
prosecution, under this section, that such minor is acting as the agent
of another person, or under his influence or control or by his direc-
tion, such person shall be deemed guilty of a misdemeanor.

Sec. 42. Ordering or receipt, etc., of ardent spirits by female.—
It shall be unlawful for any female to order, receive or have in her
possession any ardent spirits, except as permitted in this act.

Sec. 48. When bond required of persons convicted.—In addition
to the penalties imposed by this act for the violation of any of its

rovisions, the court may, in its discretion, after conviction is had,
for the first offense, and shall after every subsequent conviction, re-
quire 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 1s given, or until he is discharged by the court, provided that
he shall not be confined for a longer period than six months, said
bond when not given during the term of the court by which con-
viction was had, may be given before the judge thereof in vacation
or before the clerk of the court in which conviction was had.

Sec. 44. Associate counsel in prosecutions.—Any citizen or or-
ganization 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 as-
sociate counsel or over the objection of the commissioner of prohibi-
tion or of the attorney representing his office, or of the attorney-

neral 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 objection thereto by
the associate counsel in writing, shall have been filed, argued and
fully considered and approved by the court.

Sec. 45. Right of appeal by Commonwealth.—In all cases aris-
ing under this act the State shall have the right of appeal except
when such appeal is forbidden by the Constitution.

Sec. 46. Effect when part of act declared unconstitutional.—If
any section or provision of this act or any part of any section shall
be declared unconstitutional by the supreme court of appeals of Vir-
ginia, 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. Duties of attorney for the Commonwealth.—The at-
torney for the Commonwealth of every county and city in this State
shall, as often as once a month examine all prescriptions and af-
fidavits and record books required to be kept by any section of this
act and filed in the clerk’s office, and if the said prescriptions, af-
fidavits and records are not made and kept according to the provi-
sions 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. Prescriptions, affidavits and record books to be ex-
amined.—The commissioner in person or by his deputies or inspec-
tors 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 Commonwealth 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. Who deemed intoxicated; of intemperate habits.—Any
person who has drunk enough ardent spirits to so affect his manner,
disposition, speech, muscular movement, general appearance or be-
havior, as to be apparent to observation, shall be deemed for the pur-
poses 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 deemd a
prson of intemeprate habits within the meaning of this act.

Sec. 50. Employees of hotel or place of public entertainment as-
sisting guests to obtain ardent spirits; penalty.—Any bell boy, eleva-
tor 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 information or direction to any guest or patron of
such hotel or house of public or private entertainment, or other per-
son 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. Proprietors of houses of public or private entertain-
ment permitting employees to assist guests to secure ardent spirits;
failure to discharge convicted employee; penalty.—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 information 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 provi-
sions of this act, shall fail at once to discharge said employee per-
manently, shall be guilty of a misdemeanor, and when convicted,
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 dollars and be confined in
jail not less than one nor more than six months.

Sec. 52. Keeping or sale of ardent spirits in hotels, etc., pro-
hibited.—It shall be unlawful for any keeper of a hotel, boarding
house, rooming house or apartment house, even though he may
reside in said hotel, boarding house, rooming house or apartment
house, to keep in said hotel, boarding house, rooming house or apart-
ment house, or on the premises connected therewith, any ardent
spirits, except for the use of himself and his family, and under
a permit as required herein, and not to be sold, dispensed or given
away by any shift or device whatsoever; and if the keeper of any
hotel, boarding house, rooming house or apartment house shall
knowingly permit ardent spirits to be sold, kept, stored, dispensed,
given away, or used in any part of said hotel, boarding house, room-
ing house or apartment house, or on the premises thereof, except
on the prescription of a physician, and except as provided in this
act, he shall be deemed guilty of a misdemeanor, and may be pro-
ceeded against in equity as provided by this act.

Sec. 58. When licenses of hotels, etc., revoked.—If any keeper
of a hotel, boarding house, pool room, billiard room, bowling alley,
store or other place requiring license, whether said license was
granted by the court or not, or any employee with his knowledge,
consent, connivance or acquiescence shall keep, store, dispense or
use contrary 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 conducted at the time
of the revocation of the license.

Sec. 54. Prescriptions and affidavits to be in duplicate; filing;
examination.—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 prescriptions 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 pre-
scription 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, any clerk who shall fail
or refuse to comply with the duties imposed upon him by this section
shall be fined not less than five dollars and not more than twenty-
five dollars.

Sec. 55. Certain officials charged with the enforcement of pro-
visions of this act; fees.—It shall be the duty of all chiefs of police,
police boards, police justices, special officers, sheriffs, attorneys for
the Commonwealth, deputies, constables and justices of the peace
of the counties and cities, and all mayors, sergeants and their depu-
ties, 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 officers so to do shall be deemed mis-
feasance in office.

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

Sec. 55-a. rtain employees of common carriers made special
police for the enforcement of this act; jurisdiction.—Captains of
boats and vessels doing business in this State as common carriers,
conductors of railroad trains, conductors and motormen of electric
railways, police agents of railroad companies, station and depot
agents of common carriers, operating in this State, shall be specially
charged with the enforcement of this act and shall have the powers
of special police, with jurisdiction to make arrests for violations
of this act, upon the property of the common carrier by whom
they are employed.

Sec. 55-b. Commanders of oyster boats made special police for
enforcement of this act; fees—For the purpose of enforcing the
provisions of this act the commissioner of fisheries of the State will
co-operate with the commissioner of prohibition in tidewater Vir-
ginia and to this end the several commanders of the oyster boats
of this Commonwealth are hereby constituted special police of the
State, whose jurisdiction as such special police shall extend over
the land and waters of this Commonwealth. They shall enforce
the provisions of this act and report to the commissioner of pro-
hibition all persons arrested, searches for, and seizures made of
ardent spirits. |

The commanders of the said boats shall receive no extra com-
pensation for the performance of these duties, except that in cases
of conviction, there shall be assessed against the offender and added
to the fines and penalties provided by this act a fee of five dollars
which shall be collected, as fines are collected under the general
provisions of the law, and be paid over to the commander by whom
the arrest was made.

Sec. 55-c. Obstructing officer charged with enforcing this act;
penalty; common carrier to discharge employee upon conviction;
penalty.—Any person who shall hinder or obstruct any officer of
this State charged with the duty of inspecting baggage for ardent
spirits, or the duty of ascertaining whether any ardent spirits is
being illegally transported or stored, or otherwise charged with the
duty of enforcing the provisions of this act, shall be deemed guilty
of a misdemeanor and, upon conviction, shall be fined not less than
one hundred nor more than one thousand dollars and be confined in
jail not less than two nor more than six months.
Any transportation or public service corporation violating the
provisions of this act shall be deemed guilty of a misdemeanor and,
upon conviction, shall be fined not less than five hundred nor more
than five thousand dollars for each offense.

Sec. 55-d. Forfeited bonds.—Whenever any bond given under
this act shall be forfeited, it shall be the duty of the attorney for
the Commonwealth of the county or city in which the forfeiture
occurs to proceed at once to collect the penalty of said bond and.
when collected, inform the commissioner.

Sec. 55-e. Clerk of court to make report to commissioner.—It
shall be the duty of the clerk of every court in this State within
ten days from the adjournment of his court to report to the com-
missioner every case tried at the preceding term for violations of
the provisions of this act. Said report shall contain a brief state-
ment of the charge on a.form to be furnished by the commissioner
and the judgment of the court therein.

Sec. 56. When identification to be required by druggist.—lIf
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, and 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. Search of vehicles in which ardent spirits being trans-
ported, vehicle to be seized and forfeited; proceedings; disposition
of ardent spirits; arrest of occupants.—When any officer charged
with the enforcement of this law shall have reason to believe that
ardent spirits are being transported in any wagon, boat, buggy.
automobile or other vehicle, whether of like kind or not, contrary
to law, he shall have the right and it shall be his duty to obtain
a warrant to search such wagon, boat, buggy, automobile or other
vehicle, and to seize any and all ardent spirits found therein which
are 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 conveyance owned and
used by a railroad, steamboat or express company, in which such
hquor shall be found, and turn the same over to the sheriff of
the county, or sergeant of the city in which such seizure shall be
made, and such vehicle and team, automobile, boat or other con-
veyance shall be forfeited to the Commonwealth; and shall report
the seizure to the attorney for the Commonwealth of the county
or city in which such seizure shall be made, and to the commis-
sioner in writing, and the attorney for the Commonwealth shall
file any inforntation in the name of the Commonwealth against such
vehicle and team, automobile, boat or other conveyance by name or
general designation. The information shall allege the seizure, and
set forth in general terms the cause and unds of forfeiture. It
shall also pray that the property be condemned and sold and the
procecds be disposed of according to law, and that all persons con-
cerned in interest be cited to appear and show cause why the said
property should not be condemned and sold to enforce the for-
fiture, which information shall be sworn to by the attorney for
the Commonwealth. Upon the filing of the information the clerk
of the court shall forthwith issue a notice reciting briefly the filing
of the information, the object thereof, the seizure of the property
and citing all persons concerned in interest to appear on a specified
day of the next term of the court, after the publication of said
notice, and show cause why the prayer of the information for con-
demnation and sale should not be granted, a copy of which said
notice shall be posted at the front door of the courthouse by the
sheriff of the county or sergeant of the city and published by him
In some newspaper published in the county or city where such
seizure is made, at least five days before the return day of such
notice, or if there be no newspaper published in the county or city,
then in some newspaper having general circulation therein, which
said publication shall be sufficient service of notice on all parties
concerned in interest.

Provided that any person claiming an interest therein may give
a forthcoming bond, in amount, double the value of the property
so seized, conditioned that the vehicle and team, automobile, boat
or other conveyance will be forthcoming in compliance with any
order of the court having jurisdiction and to pay all costs and fees
incident to such seizure. >

Any person interested may appear and be made a party de-
fendant and make defense to the information, which must be done
by answer under oath, and the proceedings shall conform as nearly
as practicable to chapter ninety-eight of the Code of Virginia of
nineteen hundred and four.

But, provided, further, that any equity or interest of any person
who is in charge of such vehicle and team, automobile, boat or other
conveyance, or who is an occupant of the same at the time such
eizure is made, shall be forfeited by making such person or persons
. party defendant, and the possession of such ardent spirits in such
vehicle, automobile, boat or other conveyance, shall be prima facie
‘vidence that the person in charge knew such ardent spirits were
n such vehicle, automobile, boat or other conveyance, nor shall it
x a ground of defense that such person or persons by whom said
vroperty was used in violation of law has not been convicted of
such violation. The said information shall be independent of any
»roceeding against such person or any other for violation of law.

For every information filed under this section there shall be
illowed to the attorney for the Commonwealth a fee of ten dollars
ind to the officer making the seizure and arrest a fee of ten dollars,
hes shall be taxed as cost and collected in the manner provided
oy law. .

_ In every case the ardent spirits shall be turned over to the com-
nissiOner as herein provided.
The officer making the seizure shall also arrest all persons in
charge of or occupying such team or vehicle and report all arrests
made to the attorney for the Commonwealth of the county or city
in which such arrests shall be made, and to the commissioner in
writing, and the attorney for the Commonwealth shall at once
proceed against the person or persons arrested under the provisions
of this act, who, upon conviction, shall be deemed guilty of a mis-
demeanor 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 forfeiture provided for in this section shall
not apply to the transportation in personal baggage of the quantity
of ardent spirits permitted by this act.

Sec. 5714. -Search warrants.—All warrants issued under this act
for the search of any automobile, boat, conveyance or vehicle,
whether of like kind or not, or for the search of any trunk, grip
or other article of baggage, whether of like kind or not, for ardent
spirits, may be executed in any part of the Commonwealth where
the same are overtaken, and shall be made returnable before any
justice of the peace or police justice within whose jurisdiction they
were transported or attempted to be transported contrary to law.

Sec. 58. Act deemed exercise of police powers.—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 affect
these objects.

Sec. 59. Prosecution of persons holding internal revenue tax re-
ceipts.—The commissioner may, in his discretion, 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 furnish to the attorney for the Commonwealth,
of every county and city of the State, the names of the persons
in his county or city holding such receipts, and may 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 Jabora-
tories and other persons as provided herein, for the violation of
the provisions of this act.

Sec. 60. Certain allegations unnecessary in indictment; what
proof suflicient—In an indictment for the violation of any pro-
vision of this act, as to a sale or gift of ardent spirits, it shall not
be neecssary to allege a sale or aif 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.
If more than one sale shall be proved within the year preceding
the indictment the Commonwealth’s attorney shall not be required
to say upon which sale conviction will be asked, but he may elect
if he thinks proper to do so, and proceed by indictment against
the accused for the other sales.

Sec. 60-b. Burden upon accused to prove exemption.—When,
in any case prosecuted under this act, the accused claims the benefit
of any exception in or to any section of this act, the burden shall
be upon him to prove that he comes within the exception.

Sec. 61. Use of ardent spirits in the home; home defined.—
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 ardent spirits is not enough to produce intoxication and when
the quantity of ardent spirits in the possession of the person giving
it 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 residence of the person and his family, not
including the curtilage or outbuildings, and shall not be construed
to include a rooming house, a club, fraternity house, lodge room or
rooms, or place of common resort, or room of a guest in a hotel
or boarding house or rooming house or apartment house. Nothing
in this section or act shall be construed to mean that a person may
not have a home in town or city, and another in the country.

Sec. 62. Permits to be issued by commissioner; permit as evi-
dence; common carrier to transport only on permit; fee to be paid
for permit.—The commissioner, whenever in his discretion it shall
be deemed necessary to do so, or when he shall be thereto required
by any section of this act, may give permits in triplicate for the
purchase, use or transportation of ardent spirits, and may give
permits for the transportation of ardent spirits to physicians, den-
tists, veterinary surgeons, superintendents of hospitals and labora-
tories authorized by this act to purchase and use ardent spirits for
medicinal purposes. The commissioner shall specify in each permit
the kind and quantity of ardent spirits to be transported under it,
and the purpose for which it is to be used. It shall be lawful for
any common carrier or transportation company to transport any
ardent spirits which has upon the container a permit of the com-
missioner. But before the ardent spirits shall be delivered to the
consignee he shall make affidavit that he is the person named in the
permit and that he will use ardent spirits for the purposes named
therein. The commissioner shall keep in his office a copy of every
original permit, a duly certified copy of which shall be evidence
of what it contains, in any prosecution for violation of this act.

The affidavits of the consignee shall be kept filed and be subject
to inspection as other affidavits under this act.

It shall be unlawful for any common carrier or transportation
company to transport ardent spirits for any physician, dentist, vet-
erinary surgeon, superintendent of a hospital or superintendent of
a laboratory without a permit of the commissioner pasted on the
outside of the container.

For every permit issued by the commissioner shall be paid to
him a fee of fifty cents, except that retail druggists shall not be
required to pay for permits for having alcohol transported under
the provisions of this act for medicinal, pharmaceutical and me-
chanical purposes.

Sec. 63. Change of venue; venire from another county.— When-
ever 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 con-
ditions, 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 Commonwealth, the complainant or his at-
torney, or of the commissioner 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.

Sec. 64-a. Soft drinks defined.—The word “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.

Sec. 64-b. License for sale of soft drinks.—It shall be unlawful
for any person, firm or corporation to dispense soft drinks without
obtaining a license to do so 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. No such license shall be
granted unless it shall appear that notice of the application has

en posted for ten days on the front door of the applicant’s place
of business and where the soft drinks are to be sold. 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. The clerk of the court shall
receive for all services rendered by him in connection with the
issuance of such a license a fee not to exceed twenty-five cents. All
licenses issued under this section shall be granted subject to revo-
cation by the circuit court of the county or the corporation or hust-
ings court of the city where such person does business; and shall
also be subject to suspension for cause during the vacation of the
court by the judge of. such court having jurisdiction, but. shall be
good until suspended or revoked.

Provided that it shall not be necessary to obtain such license
to sell soft drinks at any place for benevolent or charitable pur-
poses ; provided, further, that it shall be unlawful for any dispenser
of soft drinks to use any ardent spirits as a flavor or mixture.

Any person violating any of the provisions of this section of
this act shall be deemed guilty of a misdemeanor and shall be fined
not less than twenty-five nor more than one hundred dollars for
the first offense, and shall] be fined not less than fifty nor more than
five hundred dollars for the second offense, and for every subse-
quent offense shall be fined not less than one hundred nor more
than five hundred dollars, and confined in jail not less than one
nor more than six months.

Sec. 64-c.. Tax on non-resident manufacturers of soft drinks
maintaining distributing or storage warehouses.—Every non-resi-
dent manufacturer of soft drinks maintaining in this State dis-
tributing or storage warehouses for the sale of soft drinks by whole-
sale shall pay for such privilege the sum of five hundred dollars
to the auditor of public accounts.

Sec. 65. When possession of distilled liquor, one gallon of wine
or three gallons of beer, or other malt liquor prima facie evidence
of purpose to sell.—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 liquors, wine and malt liquor at any one time, shall, in any
proceeding or prosecution under this act, be prima facie evidence
that such person possesses such ardent spirits 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 or physician as provided for in
this act, said ardent spirits to be delivered at the home of said con-
signee; or to carry any ardent spirits which have been delivered to
him by a registered pharmacist upon the prescritpion of a physiican
as provided in this act.

Sec. 66. What persons may administer oaths—Whenever an
affidavit is required to be administered under the provisions of this
act, the person who is to receive and file such affidavit shall have
authority to administer the oath, and the same shall be as binding
as 1f administered by any officer now authorized by law to admin-
ister oaths.

Sec. 67. Stamps to be affixed to affidavits and prescriptions.—
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 drug-
pists, transportation companies and other persons handling such
prescriptions ‘and affidavits, who shall keep such stamps for that
purpose in stock. Said stamps shall be prepared by the commis-
sioner and: sold by him to the parties required 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 treasu
of the State, and shall there be accounted for as a separate fund.

Provided that all stamps purchased under this section and not
used may be redeemed before September first, nineteen hundred and
eighteen, by the holders thereof upon proper evidence that they
were bona fide purchased from the commissioner; and the auditor
of public accounts shall issue his warrant on the treasurer, upon
the certificate of the commissioner of prohibition, to pay out of
the treasury of the State amounts necessary for the redemption
of said stamps at the purchase price of five cents each.

Sec. 68. When persons convicted required to work on public
roads.— 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 sentenced 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 physicians 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. Encumbering estate to evade act.—Any person who shall
transfer, alienate or encumber 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 misdemeanor for the first offense, and of a felony for every
subsequent offense.

Sec. 70. Unlawful to grind or transport malt.—It shall be un-
lawful for any person to grind or transport 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 or transporting malt to
show that such malt is not to be used in violation of this act.

Sec. 71. Agents of authorities may purchase and transport
ardent spirits contrary to the provisions of this act.—Nothing in
this act shall be construed as prohibiting any person from purchas-
ing or transporting ardent spirits contrary to the provisions of this
act, when acting as the agent of the authorities charged with the
enforcement of prohibition laws in the detection and conviction of
violators of said laws, nor to prevent the commissioner from ordering
the transportation of ardent spirits in or out of the State, or from
one point to another within the State, when deemed necessary to
carry into effect the purposes of this act, but in every such case a
permit signed by the commissioner shall be pasted upon the con-
tainer.

Sec. 72. Certain local laws not repealed.—None of the provisions
of this act shall be construed as repealing, annulling or in any
way abrogating or superseding the act of the general assembly, ap-
proved March twenty-fifth, nineteen hundred and two, as aemnded,
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 provisions and in aid
thereof, and such special act or acts and prohibitive charter pro-
visions, beyond the provisions of this act, are hereby expressly con-
tinued unrepealed, 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 repealing any ordinance of any town or
city in so far as the same restricts and limits beyond the provisions
of this act the transportation, delivery, receipt, possession, sale, offer-
ing 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. Incriminating testimony no excuse for not testifying.
—No person shall be excused from testifying for the Commonwealt
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 on behalf of the Commonwealth shall in no
case be used against him, nor shall he be prosecuted as to the offense
as to which he testified.

Sec. 74. Right of action against person causing intoxication.—
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, bartering, or giving away intoxicating
liquors, have caused the intoxicating of such person for all dama
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. Appropriation.—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 nineteen, the sum
of fifty thousand dollars and any unexpended balance for the year
previous, and for the year ending February twenty-eighth, nineteen

undred and twenty, any unexpended balance on hand March first,
nineteen hundred and nineteen, of the appropriation of fifty thou-
sand dollars for the year ending February twenty-eighth, nineteen
hundred and nineteen, and the further sum of fifty thousand dollars.

Sec. 76. All conflicting acts repealed.—All acts and parts of acts
in conflict with the provisions of this act are hereby repealed.