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

pfoCeoinK inc Qate OF MS amdaVlt, 1uu
that the distilled liquor, wine or beer
will not be used In violation of the
Il provisions Of this act Any person
y who shall receive such distilled liquor.
wine or beer without signing such
record or making such AFFIDAVIT. or
4 who shall make false affidavit. shall,
i for the first offense. be guilty of
! misdsmeanor. and for a second or any
subsequent offense, of making a false
affidavit, shall be guilty of felony.
II Sec. ~. 1t shall be unlawful for
any person to give ardent spirits to
any person of incorporate habits or
addicted to the use of any narcotic
drug or for any person, except par
ent or guardian, to give any ardent
spirits to q minor, except on the pre-
scription of a physician, or to send
a minor or female to obtain ardent
spirits.
u Any person of Incorporate habits or
4 addicted to the use Of any marc ,tic
drug shall be compellable- in any pro-
Il ceeding had under this section to dis
1 close from whom he has received ar
dent spirits. For a failure or refusal
to make such a disclosure he shall
be guilty of contempt and shall DO
Il fined not less than FIVE dollars nor
more than fifty dollars = 4 sbe CON-
mot.ed TO the jail For a period not
exceeding thirty days.
1t shall be a misdemeanor for any
minor to have ardent spirits in his
possession. whether belonging to him
self or another, and upon conviction.
he shall be fned not less than ten
nor more than five hundred dollars.
and In the discretion of the court, he
may be sentenced to jail or to a re-
formatory, for not less than one nor
more than six months. And IL 1t shall
Nr. Nyxy
section, that such minor Is acting as
the agent of another person, such per-
son shall be deemed guilty of mis-
demeanor
Sec. AZ 1t shall he unlawful for any
female to order. receive or have In
her possession, any ardent spirits, ex-
! cept as permitted in this act, and not
then, unless she is the head Of
family and for her own use in bons
fide home.
Sec. AZ In addition to the penalties
imposed by this act for the violation
> OF any of its provisions. the court
may. in Its discretion, after convic-
ton is had, for the first offense, and
shall after every subsequent conv1c-
ton, require the defendant to execute
bond with approved security, In the
penalty of not less than FIVE hundred.
nor more than five thousand dollars.
conditioned that the said defendant
will not violate any of the provisions
of this act for the term OF one year.
and IL said bond shall not be given.
the defendant shall be committed TO
jail until ii Is given. or until he is dis
charged by the court, provided that
he shall not be confined for longer
period than six months.
Sec ~. Any citizen or organization
within this State may employ an at
torney to assist the attorney for the
Commonwealth in the prosecution OF
any case under this act, and such at
torney shall be recognized by the at
torpey for the Commonwealth and
the court as associate counsel in the
case: and no prosecution shall be dis
missed over the objections Of such as
sociate counsel or over the objection
of the Commissioner OF Prohibition or
of the attorney representing his ONCE.
: or of the Attorney General or his as
sstant whenever any OF said officials
. are ASSOCIATED In such prosecution. I'M
til the reasons in writing OF the at
torney for the Commonwealth for such
: dismissal, with the objections thereto
by the associate counsel in writing,
shall have been filed, argued and fully
considered by the court.
: Sec as. In all cases arising under
this act the State shall have the right
OF appeal. except when such appeal
: is forbidden by the Constitution.
Sec. 40. II any section or provision
T OF this act or any part of any section
shall be declared unconstitutional by
the Supreme Court of Appeals of Eir-
ginia. or the Supreme Court of the
United States. the part so declared
unconstitutional shall cease to be oper-
alive. but the remainder of the act and
every section or part thereof not SO
declared unconstitutional shall con-
tinue to be the law Of this State
Sec. AZ. The attorney for the Com
monwealth of every county and city
in this State shall. as often as once a
month. examine all prescriptions and
affidavits and record books required to
be kept ny any section OF this act and
, filed In the clerks Office. and II the
said prescriptions. afffdavits and
) records are not made and kept accord
r ing to the provisions of this act. or II
/ he has reason TO believe that there
has been any violation of any OF the
provisions of this act he shall take
\ such action as may be necessary 10
: bring the offender to justice.
Sec. 4s, The commissioner in person
> or by his deputies or inspectors shall
as often as possible examine all pre-
scriptions, affidavits and record books
required by this act. and report the
: ! NlOihLlOn Oh any VI It's pTORiSkOHs III the
attorney for the Commonwealth of the
city or county In which said violations
occur, whose duty 1t shall be to pro-
. coed at once TO investigate and pros
ecute the same.
> Sec. 40. Amy person who has drunk
, enough ardent spirits to so affect his
, manner, disposition. speech, muscular
! movements, general appearance or be-
I havtor, as to be apparent to obsorva-
: ton, shall be deemed. for the pur.
q poses Of this act, to be intoxicated. and
IL he shall continue to use ardent
spirits as a beverage during the period
of one year. so as to produce the
above results from time to time, he
! shall be deemed q person OF intemper-
, ate habits within the meaning of this
act.
, Sec. so. Any bell boy, elevator boy
: or employe of any hotel or place oil
| public entertainment in this State who
! shall procure for or assist In procuring
or who shall give any information OF
!. direction to any guest or patron OF
such hotel or house Of, public oil
private entertainment, or other per-
!. son by which said guest or other per-
: son may secure ardent spirits shall be
!, doerned 1uifty of n ruiademeanOr. and