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

In . newspaper having circulation in
the county once 4 week, for two weeks,
and by handbills posted In three pub
lie places near the place of seizure,
and. II no claimant shall appear with
in ten days after the last publication
OF the advertisement. the property
shall be sold and the proceeds, after
ceducttng the expenses and cost, of ad-
ury of the United states as miscella-
neous receipts.
Section 2a--That the commits
sioner. his assistants. and all other
officers of the United States. whose
duty 1t Is to inforce criminal laws
shall put all the power and protection
in the enforcement of this title or any
provisions thereof which Is conferred
by law for the enforcement OF the
laws relating to the manufacture or
sale Of intoxicating liquors under the
law Of the United States.
Section 30-That any person who
manufacturers intoxicating liquor or
any wholesale or retail drug store
pharmacist who sells liquor in viola
ton of this title shall tor a first Of
Tense. be fined not more than $1,000
or imprisoned not exceeding siJ
months, and for second or subse-
quent offense shall be fined not lass
than $500 nor more than $4,000 and
be imprisoned in the penitentiary not
less than one month and not more
than five years.
Any person violating any of the
provisions II this title or the pro-
visions OF any permit, or making any
false record, report. or AFFIDAVIT for
which special penalty is not pre-
scribed, shall be fined for a first Of
tense not more than $500, for a
second offense not less than 500 nor
more than $1,000. or be imprisoned
not more than ninety days. for any
subsequent offense he shall be fined
not less than $500 and be imprisoned
in the penitentiary not less than three
months and not more than two years.
1t shall be the duty of the prosecuting
officer to ascertain whether the de-
PENDANT has been previously con-
victed and to plead the prior convic-
ton in the affidavit. information, or
indictment.
Section Si-That in addition 10 the
penalties imposed by this title for the
violation of any of its provisions the
court may. in its discretion. after con-
vicition, require the defendant to exc
cute a bond. with security approved
by the court in a penal sum of not
less than $500 nor more than $4,000,
conditioned that he will not violate
any of the provisions of this title for
the term of one year And. if said
bond shall not be given. the defendant
may be committed to bail until it Is
given or until he is discharged by the
court. provided he shall not be con-
hned for longer period than six
months
Section 32-That no person shall be
excused, on the ground that it may
tend to incriminate him or subject
him to a penalty or forfeiture. from
attending and testifying, or producing
books, papers. documents and other
evidence in obedience to subpoena
OF any court in any suit or proceed
ing based upon or growing out of
any alleged violation of this title: but
no natural person shall be prosecuted
or subjected TO any penalty or for
feiture for or on account of any
transaction, matter. or thing as to
which, in obedience TO the subpoena
and under oath. he may SO testify or
produce evidence, but no person shall
be exempt from prosecution and
punishment for perjury committed in
so testifying.
Section 33&-That in case of sale
OF liquor where The delivery Thereof
was made by common or other car
rier the sale and delivary shall be
deemed to be made in the county or
district where the delivery was made
by such carrier To the consignee, his
agent or employee, or in the county
or district wherein the sale was made
or through which the shipment was
made. and prosecution for such sale
or delivery may be had in any such
county or district
Section Si-That in any affidavit
information, or indictment for the
violation OF. this title separate offense
may be united in separate affenses
may be united inseparate ofenses
the defendants may be tried on all
at one trial and the penalty for ali
offenses may be imposed II shall not
be necessary in any affidavit, infor-
nation or indictment TO give the
name of the purchaser or to include
any defensive negative averments. but
shall be sufficient 10 state that the act
complained of was then and there
prohibited and unlawful
Section, 3S--That after ten days af-
ter the date when the title has be-
come operative, the possession of
liquor by any person not legally per
mitted under this title to possess
liquor shall be prima facie evidence
that such liquor is kept for the pur-
pose of being sold bartered: ex-
changed. given away. furnished or
otherwise disposed Of in violation Of
the provisions OF this title, Every
person legally permitted under this
title to have liquor shall report to the
commissioner within ten days after
the passage Of this title. and kind and
amount OF intoxicating liquor in his
possession. But il shall not be un-
lawful TO possess liquors in ones pri-
vate dwelling. while the same is .oc-
cupied and used by him only as his
dwelling: provided. the burden OF
proof shall be upon the possessor to
prove that the liquor was lawfully
acquired and possessed
Nothing herein shall prevent the
storage in United States bonded ware
houses In the custody of United
States collector of internal revenue Of
all liquors manufactured prior to the
taking effect of this title. or to prevent
the transportation of such liquor for
purposes not prohibited. when the tax
is paid.
Section Ss. That it shall be the duty
OF the commissioner to file the reports.
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