Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1873-03-01

or giving away OF Intoxicating liquors.
shall work forfeiture Of all rights of
the lessee or tenant, under any lease or
contract Of the rent upon the premises
where such unlawful sale or giving away
shall take place; and all suits for dam
ages under this act may be by any ap-
propriate action in any of the courts of
this State having competent jurisdic-
ton. Proriitd. ho,csrsr, That If the
property of the landlord be seized or
taken for any fine, forfeiture or amerce-
ment, by reason of the unlawful acts of
his tenant arising under the provisions
of this act, such landlord may sue upon
/ the bond required by this act TO he Civ
en-. and NAV recover thereon damages
on the amount incurred and paid by
him. together with his costs But no
property belonging to married woman
/ infant. or insane person shall be taken
or seized under the provisions of this
act. and in all such cases the husband,
guardian or committee as the case may
be, shall be pecuniarity and personally
liable
Penalties.
=. For every violation of the provis-
ions of the first, second and third sec
tions of this act. every person so offend
ing shall forfeit and pay fine OF not
less than twenty dollars nor more than
one hundred 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; and for
every violation of the provisions of the
third section OF this act, every person
convicted as the keeper of any of the
places therein declared 10 be nulsanccs
shall forfeit and pay fine of not less
than fifty dollars nor more than one
hundred dollars, aud be imprisoned III
the jail of the county for not less than
twenty days nor more than fifty days,
and pay the costs of prosecution; aud
such place or places so kept 10y such
person or persons SO convicted shall be
shut up aud abatcd upon the order of
the court before whom such CONVICTION
may be had. until such time as such
persons keeping such places shall give
bond and security, 1" be approved uy
said courl,in the penal sum OF one thouS-
and dollars, payable to the State of
West Virginia, conditioned that he, she
or they viii not sell Intoxicating Liquors
contrary to the laws of this State. and
will pay all fines, costs and damages
assessed against snch keeper ar keepers,
for any vioati0n thereof; aud in case of
a forfeiture of such bond, suii may be
brought thereon. for the use of any per-
son Interested. or for the use of the
county. in the ease of fine ar costs due
such county. And The penalties III the
nature OF fines mentioned IN this section
may be enforced separately from thelm-
prisonment, before justices OF the peace
or police magistrates
EraSioBs
g. The giving away of intoxicating
liquors. or other shift or device 10 evade
the provisions of this act, shall be deem
cd and held to be an unlawful selling,
within the provisions of this act
Liabiiuy of ow"r Of building or
grOuad-,cbPn.
O. For the payment of all fines, costs
and damages assessed against any per
son or persons, in consequence Of the
sale OF intoxicating liquors rs provided
in section six OF this act, the real estate
and personal property OF such person or
persons, of every kind, shall he liable,
and such fines, costs and damages, shall
be a lien upon such real estate until paid.
Hom penalties may be sn(orce".
10 The penalty and imprisonment
mentioned in the seventh section of this
act may be enforced by indictment Of
in any court of record having cripiral
jurisdiction; aud in all pecuniary fines
or penalties provided for in any OF the
sections Of this act, Except thefiith and
SIXTH may be enforced and prosecuted
for, before any justice of the peace OF
the county in any action OF debt, IN the
name of the State Of West Virginia, IA
plaintiff; and in case of conviction the
offender shal! be committed to the Jail
of the county until the Judgment and
costs are fully paid; aud the justice or
court in which the conviction Is had
shall issue a writ Of e"p'as nd '"ii,)oe'
,nd,,m therefor; and Justices OF 'bepeace
shall also have iurisdIction Of all action
arising under tic fourth and nth sec
tions of this act, when the am'nInt ia
controversy docs not exceed one hun
dred dollars, such actions 10 be prosecu-
ted in the name Of the party injured or
entitled to the debt or damages provided
for in said sections.
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