Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-04-05

name OF the apphctuts the tcpHs1"eo "
| the applicant. the nature or the business
| for which the license is desired. the
| place where II Is proposed TO be
| prosecuted. ard the amount required by
| law to be paid for the privilege OF such
| license. Upon sifch application shall be
1 endorsed the certificate Of the treasurer
| Of such county or city that the
amount so required has been de-
| posted with him by the applicant
| in gold or silver coin. United
| States treasury notes or national bank
! notes. and such certificate shall elso state
whether or not coupons purporting to be
| cut from bonds of this State were ten
| dered 70 the Treasurer by the applicant
| at the time OF deposlt aforesaid and sc-
cepted by him for Identification and veri-
/ fication. according to law CT according to
the facts. there shall be endorsed upon
such application the certificate OF the
Treasurer that coupons were rendered to
him for the whole or any part OF the
amount so required. and that such
coupons (specifying the amount thereof.
have been duly verified, and II rendered
for part only that the balance OF the
amount so required has been deposited
with him In gold or silver coin, United
States Treasury notes, or national-bank
notes.
4. Upon the receipt OF such application.
Win luc ATtdoufCA tCf sihSott ~ VI
dorsed upon Il, the commissioner Of the
revenue IL he be a commissioner In a city
in which there is a board OF commission
ers OF excise, shall make and sign the
following endorsement thereon:
Referred 70 the board Of commissioners
Of excise of the city o..
Otherwise he shall make and sign the
following endorsement thereon:
Referred to the county court o.
county; or
Referred TO the corporation or hastings
court az the city Of, as the case may
be. The action Of the board Of commits
sloners of excise upon such application
shall be rs provided In sections and of
an act entitled an att to establish boards
OF commissioners OF excise and define
their duties and powers, approved Feb
ruary -. 1890. Pending the considera-
ton of this application by the board the
applicant shall not without license pursue
the business for which said license Is
desired.
WHAT THE COURTS POWERS.
8. When such application has been en-
dorsed by the commissioner OF the reve-
nue.. referred to the county court of -
county" or referred to the corporation
or hastings court OF the city of -" as
the case may be, or when such application
has been endorsed by the commissioner or
the revenue referred to the board OF ex-
else commissioners OF the city OF -,
and been further endorsed approved by
the said board, the applicant shall pre-
sent the application so endorsed to the
county. corporation, or hastings court
whose certificate Is required; and said
court shall thereupon hear such evidence
as may be introduced for or against the
application. and hear and determine the
question of granting the same. 1t shall
be lawful for any person who may con-
slider that he or they would be aggrieved
by the granting of such license TO have
himself or themselves entered and made
a party defendant to said application and
to defend and contest the same II the
court be fully satisfied, upon the hearing
OF the testimony for and against the ap-
pllcation, that the applicant Is fit person
10 conduct such business, and that he will
keep an orderly house, and that the place
at which II is TO be conducted Is sulta-
Bile, convenient, and appropriate place for
conducting such business. the court may
upon the execution by the applicant OF a
bond In a penalty Of not less than $3.50
nor more than $500. with good security,
conditioned for faithful compliance with
all of the requirements of this act, grant
such license: and thereupon the commits
sioner of the revenue shall issue the
same in such form as may be prescribed
by the Auditor Of Public Accounts.
Either party to such application shall
have the right to appeal from the order
OF Judgment Of the court granting or re-
fusing such application during the term
at which the application IS heard and de-
cided to the circuit court OF said county or
corporation. The Judge OF such circuit
court shall take cognizance OF such ap-
peal, and may hear the same either in
term time or vacation. and may grant the
license upon the terms prescribed in
chapter of this act or may refuse the
same, and the decision Of such circuit
court. or Of the judge thereof in vacation,
shall be final and no appeal. writ. or
error, or supersedeas shall lie thereto
The party to any such proceeding who
shall substantially prevail shall. In case
where such applications are contested, be
entitled TO recover their costs from the
opposite parties, as in other civil cases.
All bonds taken under chapter of this
act shall contain the waiver of the home
stead exemption of the obllgators therein.
In cases where the board OF commits
soners of excise return to the applicant
his application disapproved. or in case an
application be finally refused by the court
the applicant shall have refunded to him
by the Treasurer or other collecting off,
Ger the amount of money deposited by
him or the coupons rendered and verified
by him; and where, at the time or de-
posIt OF money by the applicant, papers
purporting 10 be coupons were also ten
dered and accepted for Identification and
verncaton. such papers shall also be
returned to the applicant when the appli-
cation is disapproved by said board or
finally refused by the court.
6. So soon as licenses shall be granted
under chapter 2 OF this act IL shall be the
duty OF the commissioner OF the revenue
certifying the same 10 make return there
of to the Treasurer or other collecting
officer Of the city or county, and to the
Auditor OF Public Accounts; and II shall
be the duty of such Treasurer or other
collecting officer, Immediately upon such
license being granted. to place the amount
Of any such deposit as may have been
made with him under chapter 2 Of this
act TO the credit Of the Commonwealth,
and within twenty days thereafter to pay
the same over to the Auditor OF Public
Accounts.
THE CHARGES FIXED.
7. The amount TO be paid for license
for the privilege of selling by whole
sale wine, ardent spirits, malt liquors, or
any mixture OF any of them, shall be
$3.50: provided, however. that IL any whole
sale dealer shall desire the privilege OF
selling malt liquors only the specific
amount to be paid by him for the privi-
lege shall be $780,
5. The specific sum which shall be paid
for the privilege of selling by retail wine,
ardent spirits, malt liquors. or any mix
ture of any of them, shall be In the
country or in towns OF villages OF one
thousand inhabitants or less, or upon
any vessel. 500. or In cities or towns or
villages exceeding one thousand inhaoi-
fats, $500. except that where person
sells under malt license malt liquors only.
-. L.. Alarr.a ~