The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-09-11

under an order OF this court, that the SAID
defen can't hath in such manufacture and sale
infringed the patent Of said complainant,
and filed as an exhibit with his bill"
THE HANDS OF THE STATE United.
Auditor Taylor received the following
paper about y O'Clock yesterday:
"UNITED STATES CIRCUIT COURT, |
"EAsTERS DISTRICT OF VIRGINIA,
"CLERK's OFFICE,
"RICHMoND, September 10, 1877.
"Hon. William +. Taylor, auditor, &C.:
"Dear Sir,-The order granted by Judge
Hughes on the 9Th instant in the suit OF
Yuenglng Us. johnson, denying the tempo
rary Injunction prayed for by the complain
ant and dissolving the restraining order
issued On August 9Th, has been duly en-
tered, and the bond prescribed by it has
been approved and filed. There is nothing
now that stands in the way OF the execution
OF the law md the putting into Use Of the
registers whictwe the subject OF the suit.
avery respectfully, ...
--. 80" "3I. T.. PLEAsANTs, Clerk"
60 AHEAD, MIR. NCNFORD.
l. The following was issued soon after the
above notification was received:
COMMONWEALTH OF VIRGINIA.
OFFICE AUDITOR PUBLIC ACCOUNTS,
RICHMOND, September 10, 1877. }
= Robert Is. Munford, Esq.,, Commissioner
of the Rerenue for the City Of Richmond: !:
Dear Sir.-Judge Hughes having denied
| the Injunction prayed for in the suit OF
Yuengling Us. johnson, and having dis
solved the restraining order issued on the 9Th
OF August last, and the bond prescribed by
the Judges order having been executed, ap-
proved and filed, there is nothing which
hinders the prompt execution Of the law
You will, therefore, proceed to put into use
throughout the city, with all possible dis
patch, the liquor-regiSters now in your pos
session, and this shall be your authority for
80 doing. / annex copy OF letter from
NJ. F. Pleasants, Esq, clerk Of the United
States Circuit Court, which fully iustifies the
instructions given above.
81 am, very respectfully,
civilian F. TAYLOR,
"Auditor Public Accounts"
Mr.. Munford and Mr.. johnson were at
work yesterday sealing the locks on the re-
gisters (of which 500 are here), and Deputies
| Wilkins and Wilkes will probably COM
mence putting the registers in place to-day.
The sureties on Mr.. Johnson's bond are
James G. Field, Daniel Grimsley, Samuel
Fl. Moffett, II. G.. Burrows, E. B. Hill, Al:
J. Armstrong, j.. S. Armstrong, &. D..
Gray, E. Burgess, Jr., and A. r. Alcocke.
| ~, INSTRUCTIONS OF TIE AUDITOR.
The following arc the instructions OF the
Auditor issued some time ago: III
COMMONWEALTH OF VIRGINIA. }
| OFFICE AUDITOR OF PUBLIC ACCOUNTS,
RICHMOND, 1877.
The act entitled an ''Act imposing tax,
and prescribing the mode OF collecting the
same, on the privilege Of selling wine, ar
dent spirits, or malt liquors." &C., common
ly known as the "Mofett liqror-law,"
must, in order to its being properly under
stood, be considered in connection with the
act OF 1876 relating to the tax on the sale Of
ardent spirits, &c.
The twenty-second section OF the Mottett
liuuor-law provides that sail acts and parts
of acts inconsistent with this act are hereby
repealed"
In view Of this provision am OF opinion
that the present liquor-law continues in
force except so far as it is repealed by rea-
son OF inconsistency with any OF the provi-
sions OF the Mottett law. To that extent the
law OF 1876 is undoubtedly repealed, and
cannot, OF course, be enforced. Believing
this to be correct rule OF construction, l
shall proceed to give such explanation OF
the several sections, OF the M0ffett law as
seem to me to require 1t. ..ss T..
FOUR CLASSES OF DEALERS.
Section I. There are four classes OF dealers
mentioned in the first section OF said act
| to wit:
First. The wholesale dealer who sells in
quantities OF five gallons or more az /
| Second. The wholesale aud retail dealer
who sells in quantities Of one gallon or more.
Third. The retail dealer who sells in
quantities not exceeding five gallons at any
time to one individual, not to be drunk
within the house or curtilage where sold,
but to, be delivered to the purchaser in BOT
ties, &C., to be removed therefrom. -:JI =
Fourth. The. bar-room dealer who sells
ito be drunk at the place of sale, and not to
be taken away from the place Of delivery.
| Any dealer who desires to sell by retdil
and also he drunk at the place Of sale is
required to take out a, separate license foy
each privilege. a., -, I
These are the several classes OF dealers
enumerated in the section; and penalty is
imposed for violating any OF its provisions.
Section 4. When dealer wishes to, sell
malt liquors as we'll as alcoholic liquors
under bis licenseian additional register will
be required and furnished. -, - ,; -
, Registers will be design ated by the words
4 "alcoholic-liquor register malt-Hquor
register" as the case may be, in such form
and OF such character as may be prescribed
by the Auditor. 1"@ 81.
| THE OLD LAW AND THE NEW.
Section 6. Until the registers are ready
for use licenses to retail dealers and bar
room dealers should be granted, and pay
ments made under the laws now in force,
but subject, nevertheless, to the provisions
OF this act. Should the license be issued
under the laws now in force, as stated
above, the commissioners should embody IN
the certificate issued therefor " that II 1cas
issued subject to the provisions OF the &C!
entitled an act imposing td1, ana preSc'-
binq the mode of collecting the same, on me
privileqe of selling aoine, ardent spirits, mat
tiouors," )" &C., approved March 80, 1877.
When the registers are ready for use re-
tail dealers and bar-room dealers who nave
| been licensed under the old law will act un'
der the new, and those applying for license
thereafter will be licensed in pursuance OF
the act of the thirtieth day OF March alore-
said. :.
The dealer shall be entitled to credit oil
ten dollars (see section y, paid for the use
OF the register, in the settlement OF bis taxes
and il he has paid the specific license.tax fol
the current fiscal year under the old law ne
shall not be required to pay the speclhc
| license-tax under this act, and shall, in addt
tion, be allowed a rebate OF one half where