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

,saundcrs and West
Be x enacted by the General AS
serubly OF virginia a. follows
Section !. The words ardent spirits
as used tn th's act shall he construed
TO embrace alcohol brandy. whiskey.
rum. gin, wine, porter. ale. beer, all
malt liquors. shsinthe and all COM
pounds or mixtures of any Of them:
all compounds or mixtures OF any OF
them with any vegetable or other sub
stances: and also all liquids rrixtures
or preparations. whether patented or
otherwise. which will produce intnxi-
cation; fruits preserved IN ardent
spirits and all beverages containing
more than one half OF one per centum
OF alcohol by volume. except as here
IN provided.
Sec. 2 The word person, as used in
this act, shall he construed TO embrace
ali natural persons, firms corpora
Hens. com binations and associations OF
every kind.
Sec. 2. After November !, 1918, ii
shall be unlawful for any person In
this State TO manufacture, transport.
sell. keep or store for sale, offer. ad-
vertise or expose for sale, give away
or dispense or SOLICIT in any way, or
receive orders for or aid In, procur-
ing ardent spirits. except at herein
after provided
This act insofar as II affects the
storing or transportation out OF thia
State shall not apply to ardent spirits
rnanufa ctured prior TO January !. 1913,
and stored in United States bonded
warehouses In the custody of the Unit
ed States collector OF internal revenue,
and tho said ardent spirits when tax
paid and In transit from such ware
houses to points outside OF this State
where satti ardent spirits may be legal
ly sold or stored.
The officers In charge Of any dis-
pensary, selling ardent spirits under
the authority of the State Of virginia
are hereby granted the right to trans
port out OF the State to q point where
ardent spirits can be legally sold, any
ardent Spirits which are the property
OF said dispensary, provided that nc
such shipment can be made after No
vember /. 1915.
Sec. 4. Any person who shall violate
any OF the provisions of section 3. OF
this act, or any person, except "a com
mon carrier who shall act as ths
agent or employe of such manufao'
turer or such seller. or person in &c
keeping. storing. offering or EXPOSING
for sale such ardent Spirits or ac
as the agent or employe of the pur
chaser IN purchasing such arden
spirits, except as herein provided, shall
DO deemed guilty of a misdemeanol
for the first effense. and Of a fsians
or a second or any subsequent offens'
committed after the first conviction
provided that the offsnse OF drinking
giving away, or receiving ardent spfrft'
contrary to the provisions OF this act
shah not be deemed a felony In AM
case; and provided further that fh'
purchamtng or having in possession b,
any person Of ardent spirits for per
sonal use. shall IN no case be deemed
felony but the burden OF proof tha
said ardent spirits are for persona
use shall be upon the defendant
sec. g. Amy person who shall violate
any provision Of this act. shall, excep'
a. otherwise herein provided. be deem
Cd guilty Of q misdemeanor and 81
fined not less than $50 nor more thar
1900 and be confined IN jail not les'
than one nor more than six months
The penalty for the second or any
subsequent offense committed afts1
the first conviction. which is not de
clared a felony in this act, shall be
fine of not lees than 800. nor mcrt
than $500, and imprisonment In iai
for not less than ak months nor NOR
than one year Whenever. In thu
act. the violation OF any provision u
declared a felony, the person convict
"a of sr,ch violation shall he punished
nv confinement in the penitentary fo'
not less than one nor more than NV
wears or. in the discretion OF the jury
by confinement in Jail not less thai
eax nor more than twelve months anc
py fine not exceeding $500.
sec. g. In case OF a sale in which 9
sf,turnert or delivery of such arden
spirits IL made by common or otnel
carrier. the sale thereof shall he deem
ed to be made IN the county or Guy
wherein the delivery thereof ~ moo'
by such carrier 10 the consignee, ms
agent or ernploye A. prosecution foi
wrrh sale may likewise be had in the
county or city, wherein the seller re-
.sder. or from which the shipment II
made,
Gee. T. While any good and SUFFICE
an. indictment may be used, an lndict'
nent for any first offense under sec
tons 3. and s. Of this act, shail be
gufscient substantially in the form
or 10 the effect following
"gtate of Virginia .,..'.'.'
County of ....+..'' 'to-"lt'
In the circuit court OF. county
The grand jurors IN ann A"' '''
body Of the said county or 80, .
ana now attending said court at III
term, nineteen. ......', hpof
thstr oaths. do present that. ..,...
within one year next prior to th'
finding OF this indictment, In the SAID
county OF .......r did unI@"IuIl.
manufacture, sell, offer, keep, store
and expose for sale, give away dis
pense, solicit, advertise and receive
orders for ardent spirits. against th'
peace and dignity Of the Common
wealth OF Virginia"
And II 1t be second oftense' i
shall be so stated In the indictment
and the prosecuting attorney shall IN
troduce before the trial court cyl
daucs Of said former conviction. ant