The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-03-08

tarnal rsvenue tax receipt posted in
any room or found anywhere on said
premises, or elsewhere, and the pro-
prietor or other person In charge of
the premises where such ardent spirits
are found. or who is so named in such
United states government tax receipt
shall be tried on the charge OF selling
and keeping and storing for sale UNI
lawfully. such ardent spirits, under
the indictment and form prescribed
In section seven Of this act, and the
liquor found upon said premises shall
be destroyed, by order OF the court.
and the containers shall be sold or de-
stroyed.
Sec. 30. If in any house, building.
boat car. or other place. as Is herein
before mentioned. the sale. Offering,
storing or exposing for sale of ardent
spirits In carried on clandestinely, or
In such manner that the person or
persons engaged therein cannot %
seen or identified by the officer or
officers charged with the execution or
"a warrant. under any section OF TINS
act, any such ofYicer may. whenever
it In necessary for the arrest or ioenu-
acation of the person or persons Of
Tending. or of seizing such arden
spirits, break open and enter such
house, building. boat, car or place or
any room or part OF any OF them
Sec. 80. The payment OF the United
States internal revenue tax required
of liquor dealers by the government
OF the United States, by any person or
persons other than druggists. or hotels
licensed under this act within this
state. shall be prima facie evidence
that epch person or persons are en-
eaxed in keeping. selling, Offering and
exposing for sale. ardent spirits con-
trary to the laws OF this State. and
certificate from the collector OF IN
ternal revenue, his agents, clerks or
deputies. showing the payment OF such
tax. the name or names of the per.
son or persons to whom issued, shall
be evidence of the payment of such
tax In the examination or trial OF any
person or persons selling. keeping,
Offering and exposing for sale. ardent
spirits. contrary to the provisions OF
this act.
SEQ. 90 Ia 1t shall be the duty Of
the State Commissioner OF Agrfcul-
ture, at the written request OF any Of
fcer, state. county or municipal, In
GLIDING the Commissioner OF Prohfbi.
ton. charged with the execution OF
this act and other laws of ibis State
concerning ardent spirits as herein des
hned, TO cause to be analysed any mix
sure supposed to contain ardent
suirtts as herein defined, and to re-
n certificate OF the chemist showsns
such analysis. For making said an
aiysis the Department of Agriculture
shall be paid the actual cost thereon.
Including the time of the chemist ana
the chemicals required I'm making
said analysis. Said costs 70 be PAID
hy the Commissioner or prohibition
out of the funds herein appropriated
upon an itemized statement OF tho
At A uFtns1lfnT@ rendered
at the end OF each month. The Ger
fiflrste of any chemist regularly en-
ployed In the Department OF Agrfcui-
ture Of this State. when signed ana
sworn to BY him. shall he evidence IN
all prosecutions for violations or TINS
act or of any other laws retatlng 10
ardent spirits as herein Defined, ana I'D
all controversies touching the mix
,ure anaiyzed by him, hut the burden
shaI1 be upon the prosecution to es-
tahlssh the facs. that the mixture an
alyx~d In the same as that alleged 10
have been lliicitiy sold, but, upon ING
motion OF the accused the chsIhiss
making the analysts shall be required
10 appear as witness and small De
subject TO cross-exau1ination-
SEC. 81. All houses, lighthouses:
,,'ttstrvs tents club, fraternity and
,nSye rooms boats. cars and places OF
every description. including drug
stores where ardent spirits are manu-
factured. stored, sold. vended, dis-
nens@d, hsrtered. given away, furnishes
or used contrary TO law ~ "1s
sr.herne or device whatever sraii ue
held taken and deemed common UNI
~ancas ANY person who shall main
tain. or shall aid or aeet, or knoWinslS
he associated with ithers In maintain
inr such common nuisances. SHAH De
ouiitv of a misdemeanor, ana Joas-
rnent shall be given that such nousc.
building, tent, boathouse, boat car. or
other place. or any room OF phls
thereof. be closed up. but the cohrt
may. upon the owner giving ponu ="
tbs uenaity or not less than VOW uoi-
lars and with security to be approved
he the court, conditioned that the
nrsuixes shall not he used for uniaw-
mi purposes, or in violation OF inc
nrovisions of this act. turn the same
over to its owner. ~
Sec. 80. The General Assembly III
session when this act is passed ano
the General Assembly to assemnie
.yarv four wears thereafter shall elect
a commissioner of prohibition, whose
rompensation shall be $500 per an
num whose tern, of office shall he four
wears. commencing on september -
iais. Whenever the word commits
Honer" lis used In this act " snah
mean the commissioner OF picH'o'tiN".
The Governor OF Virginia by author-
itv vested in him by sections 1s ana
ii Of the constitution shall have the
power to suspend said Commissioners
FROM office for misbehavior, incapacity'
neglect of official duty or acts per-
formed without due authority or law.
hut In any case in which this power
IL so exercised, the Governor shall
report to the General Assembly at the
beginning OF next session thereafter
the fact of such suspension, and the
cause thereof. whereupon the Geherai
Assembly shall determine whether
such commissioner shall he restored TO
finally removed, and the Governor
shall have the power during the re-
cess of the General Assembly, 20 ap-
point pro tempore a successor 10 the
said commissioner. but his appoint
ment to such vacancy shall expire al
the end of thirty days after the COM
mencement of the next session OF tue
General Assembly. except as herein
provided, the General Assembly SHAH
fill by election any vacancy in the
Office OF commissioner. which election
shall be for the unexpired term.
The said commissioner shall make
an annual report to the Governor.
which shall, by the Governor, be BIZ