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

dictment In the said county Of. 1880.
did unlawfully sell. give away. offer
4 dispense, expose. keep and store FOL
/ sale and gift. ardent spirits agains'
the peace and dignity OF the Com
/ monweaith OF Virginia"
And IL IL be n second offense. II shall
be so stated in the Indictment re-
turned, and the prosecuting attorney
shall Introduce before the trail court
evidence of said former convictioh
and shall not be permitted to
use his discretion in charging
said second offense. or in In
PRODUCING evidence or proving
the same on the trial. Provided. that
! the failure to charge former convic-
ton shall not invalidate the indict-
ment.
/ If the ofrense is committed in a city,
| the word city shall be substituted Tor
county, the court having Jurisdiction
Substituted for circuit court and the
name of the city for the name OF the
county.
I Sec IL. If any person who is OF
Incorporate habits or addicted to the
use OF any narcotic drug shall make
the affidavit hereinbefore mentioned,
or IL any person making such affidavit
shall use as a beverage, or for any
+ purpose. or at any place other than
that stated in the affidavit, or shall
knowingly permit anotehr to make use
of said alcohol or wine. or any part
thereof, or shall knowingly make any
false statement in such AFFIDAVIT, he
shall be guilty of misdemeanor.
( Sec. IS. If any physician who is
not In active pratice, or who is not
In good standing in his profession, or
who is OF Incorporate habits, or ad-
H. Nfa y1U
shall issue any such prescription as Is
mentioned in this act, or IL any ply
stefan shall Issue such prescription
without at the time making careful,
personal, physical examination OF the
person for whom the ardent spirits are
prescribed or shall prescribe araent
spirits for any person who he knows
or has reason to believe is in the habit
/ of drinking to intoxication, unless II
Is prescribed bona fide and solely for
/ medical purposes as a necessary treat
ment. when the patient is confined to
/ his bed or in some hospital or fnstitu-
! ton as a result of alcoholism, or shall
/ in his prescription make any false
statement or shall prescribe ardent
spirits when such ardent spirits are
plainly not a remedy. or shall resort
to any shift or device by which ardent
spirits may be improperly procured,
ne shall be deemed guilty of misde-
meanor, and In addition to the penalty
prescribed for a misdemeanor by this
4 act, for the first offense under this act,
the court may In its discretion suspend
the license of such physician for q
period of six month. and for a second
offense In addition to the penalty pre-
scribed for a misdemeanor by this act
the court shall suspend such license
for a period of twelve months, and for
any subsequent offense in addition to
the penalty prescribed for misde-
meanor by this act. the court shall
forthwith revoke the license of said
physician, and shall forthwith certify
the fact of the revocation of said IL
cense to the authority granting said
license, which order of revocation
shall forthwith be made a matter oil
record by said authority, and shall act
as a bar to the granting of license to
said physician in the future.
Sec. Ia. Before A druggist shall sell
ardent spirits on prescription. or pure
fruit, ethyl or grain alcohol for scien.
tihc, mechanical or pharmaceutical,
! purpose. or vine for ornamental pur-
poses on affidavit as provided m thin
, act, he must procure a license to dc
| so from the circuit court of the county
= or the corporation or hustings cour
Of the city
= Before making application for such
license notice must he posted and con
tinuously kept on the front door OF
the store In which the privilege is t
be exercised for at least thirty days
before making application. stating tbs
court before which and the time a.
which the application will be mad
! for license to sell pure fruit, ethyl AMI
grain alcohol pure whiskey and pure
:. brandy and wine for sacramentai pur.
I poses. Such notice shall be published
= once week for three successive weeks
=, In some newspaper published in the
s county or city, and II there is nj
I newspaper published in the county il
o which the privilege is to be exercised
! the notice shall be published in some
: newspaper of general circulation
therein, The applicant shall. in tn,
2 event that a license is granted, Obtain
, from the Commissioner of the Reeve
a nue., upon the payment OF the usua
fee, the proper certificate, but no ia,
a shall be required for the exercise o
|, said privilege.
Before the court shall grant an,
: such license. the judge thereof shall
be satisfied that the person maxim,
. tha application Is a qualified voter o
the State and OF good moral character
, Is registered pharmacist in goo(
+. +. standing. or employs a registered
pharmacist. that he has In his stor,
drugs, belonging to him. and not In
: Guiding patent medicines and drug.
to be sold on commission, of the value
: OF one thousand dollars (wholsalt
t price,, provided that in towns OF les.
( than 500 inhabitants the value of thu
< stock of drug referred to above shall
r be not less than $500, wholesale value
/ and carries on in good faith the bust
ness OF druggist; that he Is not O.
s Incorporate habits or addicted to tn,
= use of any narcotic drugsa that h,
q Is a person of good character and will
I observe the laws controlling the sal,
of ardent spirits and alcohol; that tn
q applicant has presented satisfactor,
a proof that there is a necessity existin,
! for the granting of such license, AM
, that the sale of ardent spirits at tina
= place and by such applicant will no
, be contrary to sound public policy O.
injurious TO the moral or material in
terests of the community And pro
vfded, further, that in no case shall
license be granted II a majority o
the voters qualified to vote at the las
preceding general election petition tn,
Z court not to grant such license In tn,
I following cases. namely: In a towr
i of over 1000 inhabitants, the petition
q shall be signed by majority OF tn,
t said qualified voters OF such town