The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-06-29

for, but recovery by one Of such par
ties shall be bar to suit brought by
the other.
Section 20. That any room. house.
building, boat, vehicle. structure. or
place where intoxicating liquor la
manufactured. sold, kept. or bartered
in violation of this title. and all intoxi-
eating liquor and property kept and
used In maintaining the same. is
hereby declared to be common
nuisance. and any person who main
tails such a common nuisance shall
be guilty OF a misdeheanor, and upon
conviction thereof shall be fined not
more than $1,000 or be imprisoned
for not more than one year, or both.
II person has knowledge or reason
TO believe that hts room, house. build
ing. boat, vehicle. structure or place
is occupied or used for the manufac-
ture or sale OF liquor contrary to the
provision OF this title. and suffers the
same to be so occupied or used, such
room, house, building, boat, vehicle,
structure or place shall be subject to
a lien for and may be sold to pay all
hnes .and costs assessed against the
person guilty of such nuisance for
such violation, and any such lien may
be enforced by action In any court
having JuT1SQlCtlOn.
Section "a. That any action to en-
join any nuisance defined in this title
may be brought in the name OF the
United States by the Attorney General
OF the United States, or by any United
states attorney, or any prosecuting at
torney OF any state or any subdivision
thereof, or by the commissioner, or
his deputies or assistants. Such action
shall be brought and tried as an &C
ton in equity and may be brought in
any court having jurisdiction to hear
and determine equity cases. II it is
made to appear by affidavits or other
wise, to the satisfaction Of the court
or judge in vacation, that such NUS
ance exists a temporary writ of in
junction shall forthwith issue restrain
ing the defendant from conducting or
permitting the continuance of such
nuisance until the conclusion of the
trial. Where a temporary injunction
is prayed for the court may issue an
order restraining the defendant and
all other persons from removing or
in any interfering with the liquor or
fixtures, or other things used in con-
nection with the violation of this title,
COM ttuting such nuisance. No bond
shall be required in instituting such
proceedings. 1t shall not be necessary
for the court to find the property in
volved was being unlawfully used as
aforesaid at the time OF the hearing,
but, on finding that the material allie
cations OF the petition are true. the
court shall order that no liquors shall
be manufactured, sold, bartered. or
stored in such room. house, building,
boat, vehicle, structure, or place or
any part thereof. And upon Judgment
OF the court ordering such nuisance
to be Abated. the court may order
that the room, house. building, struc-
ture, boat, vehicle, or place shall not
be occupied or used for one year But
the court may. in its discretion. per-
NIT 1t to be occupied or used, If the
owner. lessee. tenant, or occupant
thereof shall give bond with sufficient
surety. to be approved by the court
making the order, in the penal and
liquidated sum of not less than $500
nor more than $1,000, payable to the
United States. and conditioned that
Intoxicating LIQUOR will not thereafter
be manufactured, sold. battered kept
or otherwise disposed of therein or
thereon, and that he will pay all fines,
costs, ind damages that may be as
sessed for any violation OF this title
upon sid property.
Section IS. That when II appears in
any criminal proceeding that any com
1t shall be the duty of any officer au-
thorized to enforce this title to pro-
coed promptly in a court of equity to
abate such nuisance, and in case the
defendant is adjudged guilty in such
criminal trial It shall. unless reversed.
he conclusive evidence against such
defendant OF the facts adjuged therein
as to the existence of the nuisance
For removing and selling the property
In 49, ri~er to ity ~
be entitled to charge and receive the
same free As the sheriff OF the county
would receive for levying upon and
selling property on execution, and for
closing the premises and keeping them
closed reasonable sum shah be al
lowed by the court
Any violation of this title upon any
leased premises by the lessee or occu-
pant thereof shall. at the option of the
lessor. work forfeiture of the lease
Section IS, That any person violat-
ing the terms of the injunction as pro-
Nided for In this title shall be pun
ished for contempt by fine or not
more than $1,000 and by Imprisonment
OF not less than thirty days. nor more
than one year; and the court shall have
the power to enforce such injunction
ty such measures and means as in the
judgment of the court may be reces-
sary.
Section %. That It shall be unlawful
TO have or possess any liquor or prop
city designed for the manufacture of
liquor intended for use In violating
this title of which has been so used,
and no property rights shall exist in
any such liquor or property. search
" arrant may issue as authorized by
law in case OF stolen property. and
such liquor and other property seized
shall be subject to such disposition
as the court may make use thereof
II 1t Is found that such liquor or
property was SO unlawfully held or
possessed, or had been so unlawfully
used. the liquor and all property de-
signed for the unlawful manufacture
of liquor. shall be destroyed and the
other property forfeited to the United
States and disposed of in the manner
provided for in section 80 in case of
vehicles in which intoxicating liquor
lie being transported contrary to law
No search warrant shall issue to search
any private dwelling occupied as such
unless II is in part used for some bust
ness purpose. such as store. shop,
saloon. restaurant. hotel or boarding
house. The property seized on any
warrant shall not be taken from the
officer SELLING the same on any writ
OF replevin or other like process.
Section 20. That when the commits
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