Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1877-03-22
WEST vIRGINIALIQUOR LAW.
Amendments to the License Law.

The following sections of the new IL
cense law are the most substantial a.
mendments made to 1t by the present
Legislature
Is. Any husband, wife, child, parent,
or guardian may serve upon any person
engaged in the sale of Intoxicating liq-
uors written notice not to sell or fur
nish such liquors to the wife, husband,
child. parent or ward OF the person Civ
ing such notice, and thereafter if the
person SO served with such notice shall,
by himself or another, sell or furnish
such liquors to the person named in
SAID notice, and by reason thereof the
person to whom such liquors is sold or
furnished shall become intoxicated. and
while in that condition, do damage to
another, or shall, by reason of such in
toxication, injure any person in his or
her means ofsupport who may have the
legal right to look to him therefor, upon
due proof that such liquors were sold or
furnished as aforesaid, and that the per-
son mentionedin said notice was, at the
time of the service thereof, in the habit
Of drinking to intoxication, an action
may be maintained by the husband.
wife, child, parent or guardian of the
person mentioned in said notice, or 9TH
er person mentioned III said notice, OF
other person injured by him as aforesaid.
against the person selling or furnishing
HIM such liquors, as well as for 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 hereinafter
provided for, such suit may be brought
and prosecuted upon such bond. against
him and his sureties therein. Such suit
may be brought and prosecuted by a
married woman in any case where the
person mentioned in such notice is hel
husband or infant child, and the dam
ages recovered therein shall be her sole
and separate property, and governed by
the provisions of the Code Of Vest Vlr.
ginia in relation to the separate proper.
ty CT married woman. Where such suit
is brought by guardian, the damages
recovered therein shall be the property
of his ward.
II. Ifiu any house, building or place
as is herein before mentioned the sale
Of Intoxicating liquors Is carried on
clandestinely. or in such a manner that
the person so selling cannot be seen an6
identified, any sheriff constable or other
officer charged with the execution Of 6
warrant issued under the 10Th section
may, whenever it is necessary for the
arrest or Identification of the person SC
selling, break open such house. building
or place.
BONDS REQUIRED IN CERTAIN CASES
10. No county court or other tribunal
acting in lieu thereof, or city. village OF
town COUNSEL shall authorize the issuing
of any license to sell spirituous liquors.
wine, porter. ale, beer or other drink
of like nature, until the applicant shall
have given bond with good security, t.
be approved by the court or other tribu
nal, or council. in the penalty Of at Least
three thousand five hundred dollars, con.
ditioned that he will not permit any
person to drink to intoxication on any
premises under the control Of such ap.
plicant; and will not knowingly sell OF
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
is under the age Of twenty-one years,
and that he will not sell or furnish such
drink to any such person on Sunday
And 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 ofthe Code of Vest
Virginia, as amended. And such appll-
cant, and his securities in said bond, Shall
be liable in suit or suits thereon fol-
the fine and costs which may be recov-
cred against him for any offence under
this chapter which is a violation of any
Of the conditions of said bonds, as well
as for the damages hereinbefore provid-
ed for. uutil the penalty of said bond is
exhausted.