Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1877-03-24

The following sections of the new
license law are the most substantial
amendments made to it by the recent
Legislature
l6. Any husband, wife, child, parent,
or guardian, may serve upon any per-
sou engaged in the sale of intoxicating
liquors, written notice not to sell or
furnish such liquors to the wife, husband,
child parent or ward, of the persons CIV
ing such notice, and thereafter II the
person so served with such notice shall,
by himself or another, sell or furnish
such liquors to the persons named IN
said notice, and by reason thereof the
uaxson to whom such liquors are sold or
| furnished shall become intoxicated, and
while in that condition, do damage to
another, or shall, by reason OF such In
toxicstion, injure any person in his or
her means of support who may have the
legal right to look to him therefor, up
on due proof that such liquors were sold
or furnished as aforesaid, and that the
person mentioned in said notice was at,
the time of the service thereof, in the
habit Of drinking to intoxication, an &C
ton may he maintained by the husband,
wife child, parent or guardian of the
person mentioned in said notice, or 9th
err persons injured by him as aforesaid,
against the person selling or furnishing
! him such liquors, as well as for all such
damages as the plaintiff has sustained
by reason of the selling or giving. of
such liquors, as for exemplary damages,
and if the person so proceeded against
has given the bond and security herein
after provided for, such suit may be
brought and prosecuted upon such
bond, against him aud his sureties there
in. Snch suit may be brought and pros
ecuted by married woman in any case
where the person mentioned in such
notice is her husband or infant child,
aud the damages recovered therein shall
be her sole and separate property, and
governed by the provisions OF the Code
vi West Virginia in relation to the sep
arate property of married women.
Where such suit is brought 10y guar
dian, the damages recovered therein
shalt be the property of the ward.
Il. If any such house, building or
| place as herein before mentioned the
sale of intoxicating liquors is carried on
clandestinely, or in such manner that
the person 80 selling cannot be seen and
identified any sheriff, constable or 9TH
er officer charged with the execution OF
a warrant issued under the 10Th section,
may, whenever it is necessary for the
! arrest or identification Of the person so
selling, break open such house building
or place.
| BONDS REQUIRED IN CERTAIN CASES.
Is. No county court or other tribu-
nal acting in lieu thereof, or city, village
or town council shall authorize the ssu-
ing ofsny license TO sell spirituous Ii
ouors, wine, porter, ale, beer or other
drink of like nature, until the applicant
shall have given bond with good secu-
rty, to be approved by the court or 9th
or tribunal, or council, in penalty of at
least three thousand five hundred dol
lars, conditioned that he will not per
nit any person 10 drink to intoxication
on any premises under the control of
such applicant aud will not knowing
ly sell or furnish any Intoxicating drink
! TO any person who is intoxicated at the
time, or who is known TO him TO have
the habit OF drinking to intoxication, or
who he knows, or has reason to believe
10 nader the age Of tweuty-one years;
shj that he will not sell or furnish such
drink TO any such person on Sunday.
Aud With the further. condition that he
will pay all such damages and costs as
may be recovered against him by any
person under any OF the provisions Of
chapter thirty two of the Code CT West
Virginia, as amended. And such appli-
cant, and his securities in said bond,
shall be liable in suit or suits thereon
for the fine and costs which may be re-
covered against him for any otfense un-
der this chapter which is 4 violation of
any of the conditions of said bond, as
we'll as for the damages herein before
provided for, until the penalty of said
! bond is exhausted.