Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1873-04-12

and any person or persons, owning
or renting, leasing or permitting the
the occupation of any building orprem!
Uses. and having knowledge that intoXf
eating liquors are to be sold therein OF
having leased the same for other pur
poses, shall knowingly permit therein
the sale of intoxicating liquors that nave
caused in whole or in part, the lntoxlca
ton of any person, shall be liable, sew
orally. or Jointly, with the person OF
persons selling intoxicating liquors
aforesaid, tor all damages sustained ana
for exemplary damages, and 4 married
woman shall have the same right 10
bring suits and control the same and the
amount recovered as a ftmnle sole, and
all damages recovered by 4 minor, under
this act, Shall be paid either to such mi
nor, or his or her parent guardian, OF
next friend. rs the court shall direct
and the unlawful sale or giving away
intoxicating liquor shall work forfeit
IRE OF all rights OF the les. &c or tenant,
under amy lease or contract OF rent upon
the premises where such unlawful sale
or giving away shall take place. and all
suits for damages under tins act may be
by any appropriate action in any Of the
courts OF this State having competent
jurisdiction.
Prorjdsd Aorfre.. That if the prop
crty OF the landlord be SEIZED or taken
for any fine forfeiture CT amercement,
10y reason Of the unlawful acts Of his
tenant arising under the provision OF
this act. such landlord may size upon
the bond required by this act to be Civ
en-, and may recover thereon damages
to the amount incurred and paddy HIM,
together with his costs But no prop
erty belonging to married woman, IN
FAINT. or insane person shall be taken or
seized under the provision OF TINS act,
and in all such cases the husband. guar
dian or committee ~ the case may be.
shall bepccunialiIyand personally liable.
PENALTIES.
Fer every violation Of the provision
of the first. second and third sections Of
this act, every person 50 offending snail
forfeit and pay fine OF not less than
twenty dollars nor more than one hun
dred dollars. and be imprisoned IN the
Jail of the county not less than ten days
nor more than thirty days, and pay the
costs of prosecution, aud OF every VIOLA
ton Of the provisions OF the third SC
ZION OF this act, every person con1Ic'e"
rs the keeper Of any places therein &c,
clarcd to be uuisauce> shall forfeit and
pay a fine Of not less than Fifty dollars
nor more thar one 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
50 kept by such person or persons SO
convicted shall be shut up and abatrd
upon the order Of the Court before
whom such conviction may be had, uu-
til such time as such person or persons
keeping such places shall give bond
and security, to be approved by said
court, in the penal sum Of one thousand
do!iass, payable to the State OF West
Virginia. conditioned that he, she or
they will not sell Intoxicating liquors
contrary to the Laws OF this state, and
will pay all fines and damages assessed
against such keeper OF keepers, for The
violation thereof: and in case Of tic for
fliturc Of such bond may be brought
thereon. for the use of the county; III
case of a fine 0: costs due S3ca cCuHiy.
And the penalties in the nature Of fines
mentioned in this section may be en-
forced separately from tn, imprisonment,
before Justices oil thc Peace OF Police
Magistrates.
EVAsICNS.
The giving away Of intoxicating ];
quors, or Other shifts or device to cv"dc
the provisions Of this act.ahaii be deem
ed and held 20 be an unlawful selling.
within the provisions Of this act.
LIABILITY or OWNER or EvnING OK
GEoCND-WIiEN.
For the paymcntof I'll fines, costs
and damages assessed agains any person
or persons, in consequences OF the sale
Of Intoxicating liquors is provided III
section six Of this act, Che real estate
and personal property, if such pcrson,oi
every kind, shall be liable and such
fines. costs and DAMAGES. shal. be a lien
upon such r,al estate until paid.
HOW PENALTIES MY EE LH.oHCED.
The penalty and imprisonment men
toned in The seventh section Of this act
may b. enforced by indictment III any
court Of record having criminal .pnisdic
ton; and ail pscuniary fines or penal
ties provided Tor in AM section OF tins
act, except the filth and SIXTH may DC
enforced. and prosecuted Tor, before any
/ Justice Of the peace Of the proper county
in An action OF debt in the name OF The
State Of West Virginia, rs pIuntiiI
! and in case Of conviction the offender
shall be committed to the jail OF the
comfy unjl the Judgment and costs are
f!llv paid and the Justice or court III
which the conviction is shall issue VIII
Of capics nj OBSERVATION-DISCLOSURES ana
justices Of the peace shall also have Ju-
risdiction of all actions arising under
the fourth and fifth sections Of this act,
when the amount in controversy does
not exceed one hundred dollars sucn ac-
tiops NAV be prosecuted in the name Of
. Il -. la. l,l q