The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-03-03
AmEspmEsrs TO LICENSE Law.

The following sections of the new Ii.
cense law are the most substantial
amendments made to It by the present
Legislature:
1e. Any husband, wife, child, parent,
or guardian may serve upon any person
engaged in the sale OF intoxiosting
LIQUORS Q written notice not TO sell or
furnish such liquors to the wife, husband,
child, parent or ward of the person CIV
ing such notice, and thereafter II the
person 80 served with such notice shall,
by himself or another, sell or furnish
such liquors to the persen named IN salo
notice, aud by reason thereof the person
to whom such liquor Is sold or furnished
shall become intoxicated, and while IN
that condition, do damage to another, or
shall, by reason OF such intoxicstlon,
iniure any person in his or her
means of support 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 mentioned in said notice was, THE
time of the service thereof, IN the naoit
of drinking to into1ication, an action
NAV be maintained by the husband, wife,
child, parent or guardian OF the person
mentioned in said notice, Or other per-
son injured by him as aforesaid, against
the person selling or furnishing him
such LIQUORS, rs well as for all such dam
ages as the plaintiff has sustained oy
reason of the selling or giving OF sucn
liquors, as for exemplary damages ana IL
the person so proceeded against mas
given the bond and security hereinafter
rovided for. such suit may be brought
and prosecuted upon such bond,
AGAINST him and his suretles
therein. Such suit may De
brought and prosecuted by married
woman in anv case where the person
mentioned IN such notice is her husband
or infant child, and the damages recov-
cred therein shall be her sole and sePar'
ate property, and governed by the pro-
visions of the Code of West Virginia IN
relation to the separate property OF mar.
ried women. Where such suit Is brougnt
by guardian, the damages recoVereu
therein shall be the property OF his ward.
II, If IN any such house, building or
Mace as is herein before mentioned the
sale of intoxicating liquors is carried on
clandestinely, or in snch manner that
the person so selling cannot be seen and
identified, any sheriff, constable or other
officer charged with the execution OF
warrant issued under the 10Th section,
NAV. whenever it is necessary for the
arrest or Identification of the person so
selling, break open such house, building
or place.
BONps REQUIRED IN CERTAIN CASES.
Is. No county court or other tribunal
acting in lieu thereof, or city, village or
town council 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, to
be approved by the court or othe trlbu-
nal, or council, in the penalty OF at least
three thousand five hundred dollars. con-
ditioned that he will not permi. any per
son to drink to intoxicstion on any premi.
ses under the control of such applicant;
and will not knowingly 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 reaso to believe, is under
the age of towenty. 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 re-
covered against him by any person un-
der any o. the provisions of chapter
th,rty.two OF the Code OF West Virginia,
as amended. And such applicant, and
his securities IN said bond, shall be liable
in suit or suits thereon for the fine and
costs which may be recovered against
him for any oftense under this chapter
which is a violation of any of the condi-
tions of said bond, as well as Tor the
damages herein before provided for, until
the penalty of said bond is exhausted.