Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1862-03-25
A N ACT TO PREVENT THE UNNEC.
"A ESSARY CONSUMPTION OF GRAIN
BY DISTILLERS AND OTHER MANTTEaC

n Ec0AR1 CONSU MFIlOS OF GRAIN
BY DISTILLERS AND OTHER MANUFAC-
TURERS OF SPIRIrUOUS AND MALT
LIQUORS.-[Passed March IL, 1862.
Published by order of the House Of Delegates.
| /. Be IT ENACTED BY THE GENERAL ASSEMBLY,
That it shall not be lawful for any person here
after to make, or cause to be made, any whiskey
or other spirituous or malt liquors, out of any
corn, wheat, rye, or other grain, and any person
SO offending shall be deemed guilty of misde
meanor, and upon conviction thereof shall be
fin d for every offence, not less than one hun
dred dollars nor more than five thousand dol
lars and be subject to Imprisonment in the
county Jail not exceeding twelve months at the
discretion OF the court.
| 2. BE 1T FURTHER ENACTED, That every day
which any distillery any other machine, inn
plement or structure, for the manufacture oi
spirits shall, in violation of the foregoing Sec
tiOn, re in operation shall be taken and held to
be separate offence within the meaning of this
act.
| 8. BE IT FURTHER ENACTED, That, in addition
to the penalty prescribed by the first section of
this act Tor violation of these provisions, the
distillery or other machine and Implements used
Herewith for the purpose of making liquor IN
violation CT this act, shall forfeited to the
Commonwealth and it shall be the duty of the
court, in pronouncing judgment upon any con-
vction under this act, 10 add the judgment of
forfeiture, and to order the sheriff to make sale
OF such distlllery, or other machine and imple-
ments, by such execution issues by the Com
mOnwealth in other cases. And it shall be the
duty of the sheriff to pay the proceeds of such
sale into the treasury of the Comm monwealth, af-
ter deducting to himself five per cent. commits
sion.
4. BE IT FURTHER ENACTED, That, as soon as
any person may be presented or indicted for any
violation Of the provisions Of this act, the court
of any county or corporation, in which said pro-
ceedings is mad, shall Immediately issue an Or
der to the sergeant or sheriff of such county or
corporation, directing him, unless within ten
days thereafter the defendant shall enter into
bond, with sufficient security, in the penalty of
one thousand dollars, conditioned to answer the
Judgment OF the court, and also to have forth
coming, when required by any law, any property
alleged to be forfeited under this act, then at
once to eize and take possession of the spiritu-
Gus or malt liquors, grain, distilling machine,
and other implements used or employed in ma
king liquor in violation of this act and the grain,
the distIiling of which is hereby prohibited, and
hold the same subject to the Judgment of said
court herein provided.
s.. AND BE IT FURTHER ENACTED, That all corn,
wheat, or other grain. purchased or obtained for
the manufacture of liqucr in violation of the
provisions OF the first section of this act, shall
be forfeited to the Commonwealth. And it shall
be the duty OF all sheriff5, cOnStableS, commits
slonerS of the revenue, and other officers of the
Commonwealth, to make diligent ing Try into
all violations of this act, and report the same
promptly to the Attorney OF the Commonwealth,
any Justice Of the peace in the county in which
the offence may be committed. 1t any officer
shall fail to perform the duties required Of him
by this act, he shall be fined, at the discretion of
the jury, for each neglect failure not less than
ten nor more than five hundred dollars.
6. AND BE IT FURTHER ENACTED, After such
presentment shall have been made, If the defend
ant should continue to operate his distll cry, it
shall be the duty of the sheriff Or sergeant to
seize and take possession of the grain, distillery
and liquors, unless he shall enter into bond in
the penalty of one thousand dollars with the clerk
of the court into which said presentment IS de-
pending; conditioned that he will cease the dis
uillation of corn, wheat, rye, or other grain. All
prosecutions under this act shall be tried at the
first term of the court in which they may be in
stituted, unless good cause be shown for con-
tinuance.
This act shall be in force within ten days from
and after its passage, and continue in operation
during the present war.
A copy from the Rolls.
Teste; WM. f. GORDON, Jr.,
g. II. ID. and K. OF r. OF Va.