The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-04-02

premises, and having knowledge that in
IOxicating liquors are to be sold thereil
or having leased the same for other pur
poses, shall knowingly permit therein tn
sale OF any intoxicating liquors that hav
caused In whole or in part, the intoxicatiol
of any person, shall be liable, severally o.
Jointly. with the person or persons Bellin(
or giving intoxicating liquors aforesaid
Tor all damages sustained, and Tor cxem
plary damages; and married woman
shall have the same right TO bring suit
and to control the same and tho amour
recovered as a femme S0le;' and all dam
ages recovered by q minor, under thil
act, shall be paid either to such minor Of
his or her parent, guardian, or next friend
rs the court shall direct; and the unlaw-
full sale or giving away Of intoxicating II
Quor shall work forfeiture Of all right
Of the lessee or tenant, under any lcast
or contract of rent upon the premises
where such unlawful sale or giving away
shall take place; and all suits Tor dam
ages under this act may be by any appro
PIRATE action IN any of the courts OF this
State having competent Jurisdiction
Provided, h0toeUer, That il the property o.
the landlord be seized or taken for any
fine, forfeiture or enforcement, by reason
Of the unlawful acts OF his tenant arising
under the provision Of this act, such land
lord may sue upon the bond required by
this act to be given, and may recover
thereon damages 10 the amount incurred
and paid by him, together with his costs
But no property belonging to q married
woman, infant, or insane person shall be
taken or seized under tho provisions Of
this act, and in all such cases the hus-
band, guardian or committee as the case
may be, shall be pecuniRrily and person.
ally liable.
PENALTIES.
For every violation Of the provisions Of
the first, second and third sections Of this
act, every person 80 offending shall forfeit
and pay . fine Of not less than twenty
dollars nor more than one hundred dol
lars, and be imprisoned In the Jail Of the
county not less than Ten days nor more
than thirty days, and pay the costs Of
prosecutions; and OF every violation Of the
provisions OF the third section of this act,
every person convicted as the keeper oil
any Of the places therein declared 10 be
nuisances shall forfeit and pay a fine Of
not less than fifty dollars nor more than
ono hundred dollars and be imprisoned In
the Jail Of the county for not less than
twenty days nor more than fifty days,and
pay the costs of prosecution; and such
place or places so kept by such person or
persons so convicted shall be shut up and
abated upon the order oil the Court before
whom such conviction may be had, until
such time as such person or persons keep.
ing such places shall give bond and Sc
Curity,to be approved by said court, in the
penal sum oil one thousand dollars, pay
able ~ the State oil West Virginia, con-
that he, she or they will not sell In.
toxicating liquors contrary to the laws OF
this State, and will pay all fines, costs and
damages assessed against such keeper or
keepers, for the violation thereof; and In
case Of the forfeiture Of such bond, suit
may be brought thereon, for the use Of
the county; in case oil a fine or costs due
such county. And the penalties In the
nature OF fines mentioned in this section
may be enforced separately from the i'm
before Justices Of the Peace
or Police Magistrates.
EvAsIoNs.
The giving away Of Intoxicating
liquors, or other shift or device to evade
the provisions Of this act, shall be deemed
and held TO be an unlawful selling, within
the provisions Of this act.
LIABILITY OF OWNER OF BUILDING OR
GRoUND-wHEN.
For the payment of all fines, costs and
damages assessed against any person or
in consequence Of the sale Of in
toxicating liquors as provided in section
six Of this act, the real estate and person
al property ST such person or persons, Of
every kind, shall be liable, and such fines,
costs and damages, shall be a lien upon
such real estate until paid.
HOW PENALTIES MAY BE ENFORCED.
The penalty and Imprisonment men.
toned in the seventh section Of this act
may be enforced by indictment in any
court OF record having criminal jurisdic.
ton; and oil pecuniary fines or penalties
provided for In any Of the sections OF this
act, except tho fifth and sixth) may be
enforced and prosecuted for, before any
Justice Of the peace Of the proper county
In an action Of debt, in the name Of the
State of West Virginia, as plaintiff; and
in case Of conviction tho offender shall be
committed to the Jail Of the county until
the judgment and costs are fully paid; and
the Justice or court In which the convic.
ton is had shall issue a writ Of cdpiaS Gd
therefor; and justices Of
the peace shall also have Jurisdiction Of
all actions arising under the fourth and
and fifth sections Of this act, when the
amount in controversy does not exceed
one hundred dollars, such actions to be
prosecuted IN the name OF the party in
Iured or entitled to the debt or damages
provided for in said section,