Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1877-03-13
Amendments to the License Law.

The following sections of the new license
law are the most substantial amendments
made to it by the present Legislature
16. Any husband, wife, child. parent or
guardian may serve upon any person engaged
in the sale of intox icating liquors a written
notice not to sell or furnish such liquors to
the wife, husband, child, parent or ward of
the person giving such notice. and thereafter
if the person so served with such notice shall,
by himself or another, sell furnish such
liquors to the person named in said notice.
and by reason thereof the person to whom
such liquor is sold or furnished shall become
intox icated, and while in that condition, do
damage to another. or shall, by reason of such
intoxication. I'M ure any person 10 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
aforesaid. and that the person mentioned in
said notice was. at the time of the service
thereof in the habit of drinking to intoxica-
tion, an action may be maintained by tho
husband, wife, child, parent or guardian of
the person mentioned in said notice, other
person I'M ured by him aforesaid, against
tho person selling or furnishing hin such
liquors az we'll AZ tor all such damages as the
plaintiff has sustained by reason OF the SELL
ing or giving of such liquors, as for exem-
pIary damages, aud if the person 80 proceeded
against has given tho bond and security
hereinafter provided for, such suit may be
brought and prosecuted upon such bond,
pgsinst him and his sureties therein. Such
suit may be brought and prosecuted by mar
red woman in auy case where the person
mentioned in such notice is her husband or
infant child and the damages recovered there's
in -, oil ha hSrS nd
governed by the provisions of the Code of
West Virginia in relation TO the separate
property of married women. Where such
suit is brought by guardian. the damages
recovered therein shall he the property Of his
ward
II IF iu any such house, building or place
as is herein before mentioned the sale OF in
tnxicstinH liquors is carried on clandeatnely,
or in such manner that the person selling
cannot be seen and identified, any sheriff,
cnusisble or other officer charged with the
execution Of a warrant issued under the 10Th
section, may. whenever it is necessary for
the arrest Identification of the person so
selling, break open such house, building
place.
RoNDs REQUIRED IN CERTAIN CASES.
IS. No county court or other tribunal act
ing in lieu thereof, city, village or town
council shsll authorize the issuing of any Ii
cense to sell spir;uous 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 9th
err tribunal. or council, 10 the penslty of at
least three thousand five hundred dollars, con-
ditioned that he will not permit any person
to drink to iutoxicstion on any premises un
der the control of such applicant; and will
not knowingly sell or furnish any into1ic".
ting drink to any person who is intoxicated
at the time. or who ia known to him to have
the habit of drinking to intoxication, or who
he knows, or has reason to believe, is under
the see Of twenty>one years; aud 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 "a may be recovered
against him by any person under any of the
provisions of chapter thirty-two of the Code
of West Virginia, rs amended. And such
applicant. and his securities in said bond,
shall be liable in a suit or suits thereon for
the fine and costs which may be recovered
against him for any offense under this chap,
ter which is a violation of any of the coudi
tions of said bond, as well as for the DANA
ges hereiubcfore provided for, until the pen
atty of said bond is exhausted.