The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-08-14
A RILL



l. That any person guilty of habitual
i drunkenness, or who shall be drunk In
any public highway, street, or alley OF
a town, church, court house, clerks Of
! flee, recorders Office, justice office, mil,
store house, grocery, blacksmith shop,
railroad car, or depot, or in the bar
room, dining-room or office OF an ordl-
nary or other house of public entertain
ment, or in q theatre, show, CT any 9TH
er place of amusement of like kind,
or in a lecture or concert room, or, at or
near any ground or other place of pub
lie resort for religious worship during
religious worship, or place of holding
an election, on election days, or any
other place of n like kind, where the
public for the time being may resort,
shall be deemed guilty of misdemean-
or, and on conviction thereof, shall be
fined not less than five dollars, nor more
than one hundred dollars, and shall
moreover enter into recoguizance with
good security, in a penalty of not less
than one hundred, nor more than flve
hundred dollars, to he of good bchav-
ior for six months, and upon failure
to enter into such :ecognizance, shall be
imprisoned in the county Jail for not
less than thirty, nor more than sixty
days, aud upon conviction of second
offence, shall be imprisoned for not less
than sixty, nor more than ninety days.
=. Any ordinary keeper or other per-
son, selling intoxicating liquors, wheth-
er licensed OF not, who shall suffer any
one 10 become drunk in his house, or
shall permit any one already drunk to
drink Intoxicating liquors therein, shall
confine such person in the most private
apartment of his said house, and pro-
vide for, and take care of. and nurse
such person, free of charge, until he be-
comes sober, and fit to go at large, and
upon failure to confine, provide for, take
care of and nurse such person, selling
| intoxicating liquors, shall be fined not
less than fifty, nor more than one hun
dred dollars, and his license or authori-
ty to sell such liquors shall be suspend
ed until such fine and costs be paid.
3. ANY male resident of this State, of
the age of sixteen years or upwards,
who shall drink ardent spirits or mix
lures thereof, in the bar-roon of an or
dinary. or other place for the sale of
ardent spirits by retail, whether under
license or not, without having paid q
tax of $40 to the Treasurer of the coun
ty in aid of free schools, and obtained Il
license therefor from the Clerk of the
Circuit Court, shall be fined not less
than ten nor more than twenty dollars.
And any ordinary keeper or other per-
son selling ardent spirits by retail,
whether under q license or not, who
shall sell ardent spirits or mixtures
thereof, to be drank at the place where
sold, to such male citizen, who has not
paid such tax, nor obtained such Ii
ccnse, shall be fined in Il like SUN.
4. If any person shall adulterate or
cause or procure to be adulterated. any
Intoxicating liquors, or shall buy to sell
again any such liquors, knowing the
same to have been adulterated, shall he
fined not less than ten nor more than
five hundred dollars, and proof of the
possession of any such adulterated
liquor. shall he prjma .tdcie evidence
that the person having possession there
of adulteratcd il, or caused or procured
it to be adulterated, or purchased it to
sell again knowing it to be adulterated.
). Any person selling Intoxicating Ii
quor by retail without license, or with
or without a license, to habitual
drunkard, or minor under eighteen
years of age, or to a person already
drunk, shall be fined not less than thirty
nor more than sixty dollars, and shall
moreover enter into recOgnizance with
good security in a penalty of not less
than one, nor more than five hundred
dollars for his good behaviour for the
term of six months, and upon failure
to enter into such recognizance, shall
be imprisoned not less than thirty, nor
more than sixty days, and upon con-
viction o: second offence, shall be
imprisoned not less than sixty nor
more than ninety days, and proof of
such habitual drunkard, minor or other
person, being drunk in such ordinary,
or other place where Intoxicating Ii
quors are sold, or being seen coming
out of such ordinary or house in state
of drunkenness, shall be primd Jdcie evil
dence that the keeper of such ordinary
or other house, sold by retail intoXica-
ting liquors to such habitual drunkard,
minor or other person already drunk,
and when il shall also be proved that
persons in the habit of drinking intoXi-
eating liquors to excess shall habitually
resort to any house, shanty, or other
enclosure. and shall be seen coming
therefrom intoxicated or highly excited
by the drinking of Intoxicating liquors,
it shall be primd .tacie evidence that the
keeper of such house, shanty, or other
enclosure, sold to such person intoxica-
ting liquor by retail.
6. All justices, sheriffs, deputy sher-
ifs, constables, assessors, supervisors,
nOtares public, commissioners in chan
Gerry and recorders are esp ecially charged
with the enforcement of the provisions
of this act within their respec i've coun-
ties, and if an Otfense against such pro-
visions is committed in the presence of
any one of them, it shall be the duty of
the officer in whose presence the offense
was committed toreQure Of the offender
recognizance with good security, in Il
penalty of not less than one nor more
than FIVE hundred dollars, conditioned
for his personal appearance before
the Circuit Court of the county, on the
first day oflts next term, to answer an
| information for such offence, and in de-
fault of entering into such rccognizancc
to commit the party to the Jail of the
it NAtNi INV o'NA' ANNOo
nizance. or he discharged by the court.
And upon complaint being made upon
oath before sucb officer, that any person
has within his county, violated any of
the provisions of the first, second, third,
fourth and fifth sections of this act, it
shall lie the duty of such officer to issue
his warrant 20 apprehepd the offender,
and take him before some one of the
officers hereinbefors named, who shall
enquire into the facts charged in the
warrant, and if they be established to his
satisfaction, shall in like manner commit
the party, unless he enter into such re-
cognizance for his personal appearance,
before the said court. And all recogni-
zances taken, or commitments made,
under this section, shall be forthwith
returned TO the clerk of the Circuit
Court of the county in which that Of
Tense was committed. together with the
list of witnesses to prove the offeRse,
and thereupon the said clerk shall i'm
mcdiately deliver or transmit to the at
torney, prosecuting for the State In his
court, a copy of such reeognizance, or
commitment and list Of witnesses, and
TO issue q summons against the party
charged to appear before the Judge OF