Year: 1873

ed and paid by bin, together with bis costs
But no property belonging to married wo-
man, infant, or insane person shall be taken or
seized under the provisions Of this act, and IN
all such cases the husband, guardian or COM
mittee as the case may be, shall be pecuniarily
and personally liable.


Penalties.


For every violation Of the provisions OF the
first, second aud third section of this act, every
person so offending shall forfeit and pay fine
Of not less than twenty dollars nor more than
cue hundred dollars and be imprisoned in the
iail of the county not less than ten days nor
more than thirty days, and pay the costs OF
prosecution; and for every viola ton OF the
provisions of the third section of this act every
person convicted as the keeper of any OF the
places therein declared to be nuisances shall
forfeit and pay u fine of not less than fifty dol
lars nor more than one hundred dollars, aud
be imprisoned in the Jail Of the county for not
less than twenty days not more than fifty days,
and pay the costs Of prosecution; and such
place or places so kept by such person or per-
sous SO convicted shall be shut up and abated
upon the order of the court before whom such
conviction may be had until such time
as such persons keeping such places shall
give bond aud security, 10 be approved by
said court, in the penal sum Of one thousand
dollars payable to the state Of West Virginia,
conditioned that he, she or they will not sell
intoxicating liquors contrary TO the laws OF
this state, and will pay all fines, costs and
damages assessed against such keeper or keep
ers. for any violation thereof; aud in case Of a
forfeiture of such bond, suit may be brought
thereon, for the use Of any person interested,
or for the Use Of the county, in case of fine or
costs due such county. And the penalties in
the uature Of fines mentioned IN this section
may be inforced separately from the imprison-
ment, before justices of the peace or police
magistrates.


Ecdsions.


The giving away of Intoxicating liquors or
other shift or device to evade the provisions Of
this act, shall be deemed and held to be unlaw-
full selling, within the provisions Of this act.
Liability Of oiener of building or ground


,cken. .


For the payment Of all fines, costs aud
damages assessed against any person or per-
sons, in consequence Of the sale Of intoxicating
liquors as provided in section SIX Of this act
the real estate and personal property of such
person or persons, Of every kind, shall be La
be, and such fiueS, costs and damages, shall
be a lien upon such real estate until paid


The penalty aud Imprisonment mentioned
in the seventh section of this act may be en-
forced by indictment ia any court Of record
having criminal jurisdiction and all pecuniary
fines or penalties provided for in any Of the
sections of this act, Except the fifth and SIXTH
may be enforced asd prosecuted for, before
any justice Of the peace Of the proper county
in an action OF debt in the name of the state
of West Virginia. as plainif; and in case Of
oonvistion the offender shall be committed TO
the Jail Of the county until the judgment ard
costs are fully paid aud the justice or court in
which the conviction is had shall issue a writ
Of capias sdtiSfqciendum therefor aud justices
of the peace shall also have jurisdiction Of all
actous arising under the fourth and fifth Sec
tons Of this act, when the amount in contro-
versy does not exceed one hundred dollars,
such actions to be prosecuted in the name of
the party injured or entitled to the debt or
damages provided for in said sections.