Chapter 60. PROHIBITION AND ITS ENFORCEMENT.

§1. Definition of Liquors.—The word “liquors,” as used in this chapter, shall be construed to embrace all malt, vinous or spirituous liquors, wine, porter, ale, beer or any other intoxicating drink, mixture or preparation of like nature; and all malt or brewed drinks, whether intoxicating or not, shall be deemed malt liquors within the meaning of this chapter; and all liquids, mixtures or preparations, whether patented or not, which will produce intoxication, and all beverages containing one-half of one per cent or more of alcohol, by volume, shall be deemed spirituous liquors, and all shall be embraced in the word “liquors,” as used in this chapter.(1913, c. 13, §1; Code 1923, c. 32A, §1.)

§2. Manufacture and Sale Prohibited.—Except as hereinafter provided, the manufacture, sale, keeping or storing for sale in this State, or offering or exposing for sale of liquors or absinthe or any drink compounded with absinthe, are forever prohibited in this State.(1913, c. 13, §2; Code 1923, c. 32A, §2.)

§3. Operation of Moonshine Still.—It shall be unlawful for any person to own, operate, maintain, or have in his possession, or have any interest in, any apparatus for the manufacture of liquors, commonly known as a “moonshine still.” For the purpose of this chapter any mechanism, apparatus, or device that is used or is capable of being used for manufacturing, distilling, or making liquors shall be taken and deemed to be a “moonshine still,” and the owner and operator shall be deemed a “moonshiner.” Any person owning, operating, maintaining or having in his possession, or having any interest in a moonshine still, or who shall aid or abet the person so owning, operating or maintaining a moonshine still, shall be guilty of a felony, and, upon conviction thereof, shall be fined not less than one hundred nor more than one thousand dollars and be confined in the penitentiary not less than one nor more than five years. It shall be the duty of any officer charged with the enforcement of the laws of this State to seize and forthwith destroy all moonshine stills and liquors and paraphernalia found in connection therewith.(1919, c. 108, §37; 1921, c. 115, §37; Code 1923, c. 32A, §37; 1923, c. 29, §37; 1929, c. 64, §37.)

§4. Sale or Storage Prohibited; Second or Subsequent Offense Under Chapter.—Except as hereinafter provided, if any person acting for himself, or by, for or through another, shall sell, keep, store, offer, or expose for sale, or solicit or receive orders for, any liquors, or absinthe or any drink compounded with absinthe, he shall be deemed guilty of a misdemeanor for the first offense hereunder, and, upon conviction thereof, shall be fined not less than one hundred nor more than five hundred dollars, and imprisoned in the county jail not less than two nor more than six months; and upon conviction of the same person for the second or any subsequent offense under this chapter, he shall be guilty of a felony and be confined in the penitentiary not less than one nor more than five years. Any person, except a common carrier, who shall act as the agent or employee of such seller, or person so keeping, storing, offering or exposing for sale such liquors, or act as the agent or employee of the purchaser of such liquors, shall be deemed guilty of such selling, keeping, storing, offering or exposing for sale, as the case may be; and in case of a sale in which a shipment or delivery of such liquors is made by a common or other carrier the sale thereof shall be deemed to be made in the county wherein the delivery thereof is made by such carrier to the consignee, his agent or employee.(1913, c. 13, §3; 1919, c. 108, §3; 1921, c. 115, §3; Code 1923, c. 32A, §3.)

§5. Exceptions to Chapter; Wine; Cider; Vinegar; Alcohol.—The provisions of this chapter shall not be construed to prevent any one from manufacturing (other than by “moonshine still”), from fruit grown exclusively in this State, nonintoxicating wine for his own domestic consumption; or to prevent the manufacture from fruit grown exclusively within this State of vinegar and nonintoxicating cider for use or sale; or to prevent the manufacture and sale of pure grain alcohol, at wholesale, to druggists, hospitals, sanitariums, laboratories and manufacturers for medicinal, pharmaceutical, scientific and mechanical purposes, or of wine for sacramental purposes by religious bodies, or to prevent the sale and keeping and storing for sale by druggists of wine for sacramental purposes by religious bodies, or any United States pharmacopoeia or national formulary preparation in conformity with the West Virginia pharmacy law, or any preparation which is exempted by or the provisions of the national pure food law; or to prevent the sale by druggists, through pharmacists, of pure grain alcohol for medicinal, scientific, pharmaceutical and mechanical purposes; or to prevent the use of such alcohol by physicians, dentists and veterinarians in the practice of their profession; or to prevent the medication and sale of pure grain alcohol according to formulae and under regulations of the national prohibition act; or to prevent the purchase and use in the manufacture of medicinal preparations and compounds by wholesale druggists only of sherry wine in quantities not exceeding twenty-five wine gallons during any period of ninety days: Provided, That no one shall manufacture, sell, keep for sale, purchase or transport any liquors, as defined in section one of this article and as herein excepted, without first obtaining a permit from the commissioner of prohibition so to do. Forms of application and permits shall be prepared by the commissioner and a fee for each permit issued shall be collected by him as follows:

(a ) All manufacturers of liquors and wholesale dealers therein shall pay a fee of fifty dollars for each permit; (b) all purchasers in wholesale quantities of ethyl alcohol in any form, whether pure, medicated, or denatured, for use as herein provided, shall pay a fee of ten dollars for each permit; (c) all purchasers in wholesale quantities of liquors as defined in section one of this article for sale at retail, except duly licensed druggists, shall pay a fee of two dollars for each permit; (d) all persons except duly licensed druggists registering stills and given permits to use the same for lawful purposes shall pay a fee of five dollars for each permit: Provided, That any still used only for the manufacture of chemicals including water in which the process of distillation is a common and necessary operation, and which still shall not be used for the distillation of ethyl alcohol in any form, shall be required to be registered, but the owner and operator thereof shall not be required to obtain a permit therefor, or to pay license tax thereon. No fee shall be required for a permit to obtain wine for sacramental or religious rites.

Permits shall be issued for the calendar year and shall expire on the thirty-first day of December next following the issuance thereof. All moneys received by the commissioner under this section shall belong to the State and shall be by him immediately paid into the state treasury: Provided further, That such liquors shall be manufactured, sold, kept for sale, transported and used under permits issued by the federal prohibition commissioner and in accordance with regulations issued in pursuance of the national prohibition act.(1913, c. 13, §4; 1919, c. 108, §4; 1921, c. 115, §4; Code 1923, c. 32A, §4; 1923, c. 29, §4; 1929, c. 64, §4.)

§6. Possession of Home Brew.—It shall be unlawful for any person to make, or to have in his possession, or on his premises, or on the premises of another, or elsewhere, or to have under his control, or an interest in, any malt or brewed drink, commonly known as “home brew” or drink of like kind or character.

Any person violating any provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall, for the first offense, be fined not less than twenty-five nor more than one hundred dollars; and for the second or any subsequent offense, he shall be confined in the county jail not more than one year and in addition thereto may be fined not less than one hundred nor more than five hundred is dollars.(1929, c. 64, §37.)

§7. Possession of Moonshine Liquor.—Any person who has in his possession any quantity of moonshine liquor shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred nor more than of three hundred dollars, and confined in the county jail not less than thirty nor more than ninety days: Provided, That the finding of any quantity of liquor as defined in section one of to this article in the possession of any person, other than commercial whiskies which were obtained at and stored in homes for domestic use at a time when it was lawful so to do, shall be prima facie evidence that the same is moonshine liquor.(1919, c. 108, §37; 1921, c. 115. §37; Code 1923, c. 32A, §37; 1923, c. 29, §37; 1929, c. 64, §37.)

§8. Possession of Mash.—It shall be unlawful for any person to make, or to have in his possession, or on his premises, or on the premises of another, or elsewhere, or to have under his control, or an interest in, any mixture of fermenting substances or materials, such as corn meal, or other crushed or ground cereals, fruit or roots combined with water or other liquids or substances, commonly known as “mash,” or any mixture of like kind or character, for the purpose of making intoxicating liquors. Any person violating any provision of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall for the first offense be confined in the county jail not less than two nor more than six months, and fined not less than one hundred nor more than five hundred dollars, and for the second or any subsequent offense shall be confined in the county jail not less than six months nor more than one year, and in addition thereto may be fined not less than one hundred nor more than five hundred dollars, and the provisions of section nine, article two of this chapter, relating to a second or subsequent offense shall be applicable thereto.(1921, c. 115, §37; Code 1923, c. 32A, §37; 1923, c. 29, §37; 1929, c. 64, §37.)

§9. Possession, Use or Gift of Liquor; In Home; Carrier.—It shall be unlawful for any person to keep or have, for personal use or otherwise, or to use, or permit another to have, keep or use, intoxicating liquors at any restaurant, store, office building, club, place where soft drinks are sold (except a drug store may have and sell alcohol and wine as provided by section five of this article), fruit stands, newsstands, room or place where bowling alleys, billiard or pool tables are maintained, livery stable, boat house, public building, park, road, street or alley. It shall also be unlawful for any person to give or furnish to another intoxicating liquors, except as otherwise hereinafter provided in this section. Any person violating this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred nor more than five hundred dollars, and be imprisoned in the county jail not less than two nor more than six months: Provided, however, That nothing contained in this section shall prevent one, in his home, from having and there giving intoxicating liquors, lawfully acquired, to another who is not a minor, or a person of intemperate habits, or one who is addicted to the use of any narcotic drug, when such having or giving is in no way a shift, scheme or device to evade the provisions of this chapter, but the word “home,” as used herein, shall not be construed to be one’s club, place of common resort, or room of a transient guest in a hotel or boarding house: Provided further, That no common carrier, for hire, nor other person, for hire or without hire, shall bring or carry into this State, or carry from one place to another within this State, intoxicating liquors for another even when intended for personal use; except a common carrier may, for hire, carry pure grain alcohol and wine, and such preparations as may be sold by druggists for the special purposes and in the manner as set forth in section five of this article: And provided further, That in case of search and seizure, the finding of any liquors shall be prima facie evidence that the same are being kept and stored for unlawful purposes.(1913, c. 13, §7; 1915, c. 7, §§7, 28; Code 1923, c. 32A, §§7, 28.)

§10. Liability of Members of Clubs.—Every person who shall directly or indirectly keep or maintain by himself or by associating with others, or who shall in any manner aid, assist or abet in keeping or maintaining any club house, or other place in which any liquor is received or kept for the purpose of use, gift, barter or sold as a beverage, or for distribution or division among the members of any club or association by any means whatsoever; and every person who shall use, barter, sell or give away, or assist or abet in bartering, selling or giving away, any liquors so received or kept, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred nor more than five hundred dollars and by imprisonment in the county jail not less than thirty days nor more than six months; and in all cases the members, shareholders or associates in any club or association mentioned in this section shall be competent witnesses to prove any violations of the provisions of this section, or of any fact tending thereto.(1913, c. 13, §6; Code 1923, c. 32A, §6.)

§11. Transportation of Liquors Into or Within State; Purchase or Sale for Such Purpose.—It shall be unlawful for any railroad company, express company, aerial navigation company, bus company, taxi company, or any common carrier, or any officer, agent or employee of any of them, or any other person, to knowingly ship, carry, transport into, or deliver in this State, in any manner or by any means whatsoever, any malt, brewed, vinous or fermented liquors, intoxicating liquors, or any mixture, compound or preparation, whether patented or not and whether intoxicating or not, to any person, corporation or firm within the territory of this State when such liquors, mixture, compound, or preparation, or any of them, are intended by any person interested therein to be received, possessed, sold, or in any manner used, either, in the original package or otherwise, in violation of the prohibition laws of this State.

It shall be unlawful for any person, association or corporation to order, purchase, sell or cause any malt, brewed, vinous or fermented liquors, intoxicating liquors, or any mixture, compound or preparation, whether patented or not and whether intoxicating or not, to be transported into this State, or from one place to another within the State, when such liquors, mixture, compound or preparation, or any of them, are intended by any person interested therein to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of the prohibition laws of this State.

It shall be unlawful for any nonresident vendor, dealer or other person to sell or furnish any malt, brewed, vinous, or fermented liquors, intoxicating liquors, or any mixture, compound or preparation, whether patented or not and whether intoxicating or not, to any person, corporation or firm within the territory of this State, when such liquors, mixture, compound or preparation, or any of them, are intended by any person interested therein to be received, possessed, sold, or in any manner used, either in the original package or otherwise, in violation of the prohibition laws of this State; and in case of such sale or furnishing in which a shipment or delivery of such liquors is made by a common or other carrier, the sale and furnishing thereof shall be deemed to be made in the county wherein the delivery thereof is made by such carrier to the consignee, his agent or employee.

Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than three hundred dollars for the first offense, and for the second or any subsequent offense he shall be fined not less than one hundred nor more than five hundred dollars and confined in jail not less than two nor more than six months.(1915, c. 7, §31; 1917, c. 58, §31; 1919, c. 108, §§31, 31a, 31b; 1921, c. 115, §§31, 31a, 31b; Code 1923, c. 32A, §§31, 31a, 31b; 1929, c. 64, §§31, 31a, 31b.)

§12. Records of Transportation Companies, Use as Evidence.—All express companies, railroad companies and transportation companies within this State are hereby required to keep books in which shall be entered, immediately upon receipt thereof, the name of every person to whom liquors are shipped; the amount and kind received; the date when delivered, and by whom, and to whom delivered; after which record shall be a blank space, in which the consignee shall be required to sign his name in person to such record, which book shall be open to the inspection of any state, county or municipal officer of this State, at any time during business hours of the company; except that in the absence or sickness of a duly licensed druggist having authority to sell pure grain alcohol and wine for the purposes prescribed by law, a registered pharmacist in the employ of such druggist, duly designated by such druggist, in writing personally signed by him, to the agent of the transportation company, may sign such druggist’s name to the record of shipments of alcohol for medicinal, pharmaceutical, scientific and mechanical purposes, or wine for sacramental purposes by religious bodies, such registered pharmacist being required to write immediately beneath such druggist’s name his own name and his connection with such druggist. Such books shall constitute prima facie evidence of the facts therein stated, and be admissible as evidence in any court in this State having jurisdiction or in any manner empowered with the enforcement of the provisions of this chapter. Any employee or agent of any express, railroad, or transportation company, knowingly failing or refusing to comply with the provisions of this section, shall be guilty of a misdemeanor, and, upon conviction thereof, punished by a fine of not less than fifty nor more than one hundred dollars, and may be imprisoned in the county jail not less than thirty days nor more than six months: Provided, however, That nothing herein contained shall permit, or be construed as permitting or authorizing, any common carrier or transportation company to bring or carry into this State, or carry from one place to another within the State, intoxicating liquors for another, other than pure grain alcohol, wine, and such preparations for druggists as may be sold by them for the special purposes and in the manner set forth in section five of this article and section three, article two of this chapter.(1913, c. 13, §19; 1915 c. 25, §19; Code 1923, c. 32A, §19.)

§13. Receiving Liquor From Carrier or Possession Thereof.—It shall be unlawful for any person in this State to receive, directly or indirectly, intoxicating liquors from a common or other carrier. It shall also be unlawful for any person in this State to possess intoxicating liquors, received directly or indirectly from a common or other carrier in this State. Any person violating this section shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than one hundred nor more than two hundred dollars, and in addition thereto may be imprisoned not more than three months: Provided, however, That druggists may receive and possess pure grain alcohol, wine, and such preparations as may be sold by druggists for the special purpose and in the manner as set forth in section five of this article and section three, article two of this chapter.(1915, 2d Ex. Sess., c. 7, §34; Code 1923, c. 32A, §34.)

§14. Intoxication; Operating Motor Vehicle When Under Influence of Liquor.—Any person found in a state of intoxication upon any street, road or alley or in any other public place, in this State, shall be guilty of a misdemeanor, and any officer charged with the enforcement of law in this State shall, without a warrant, take such person into custody and detain him until complaint can be made before a justice, and a warrant issued for his arrest. Upon conviction he shall for the first offense be fined not less than ten nor more than fifty dollars, and for a second or any subsequent offense he shall be fined not less than twenty-five nor more than one hundred dollars, and be confined in jail not less than ten nor more than sixty days: Provided, however, That if the person so found under the influence of liquor shall at the time be engaged in driving or operating an automobile, truck, or other motor vehicle requiring a state license to operate, then he shall be subject to the provisions of, and fined and imprisoned and his operator’s or chauffeur’s license revoked as is provided in section twenty-five, article eight, chapter seventeen of this Code.(1929, c. 64, §41.)

§15. Possession of Weapon During Violation of Chapter.—If any person shall unlawfully manufacture, transport, or sell liquor, as defined in section one of this article, and at the time of such manufacturing, transporting or selling, or aiding or assisting in any manner in such act, shall carry on or about his person, or have on or in any vehicle or conveyance of any kind which he may be using to aid him in any such purpose, or have in his possession, actual or constructive, at or within one hundred yards of any place where any such intoxicating liquor is being unlawfully manufactured, transported or sold, any firearm, dirk, bowie knife, razor, slung shot, metal knuckles or any weapons of like kind or character, with the purpose of using the same in the assistance of any violation of the prohibition laws of this State, he shall be guilty of a felony, and, on conviction, shall be confined in the penitentiary not less than one nor more than three years. Any such firearm, dirk, bowie knife, razor, slung shot, metal knuckles or any weapon of like kind and character shall be seized and confiscated as provided by law.(1923, c. 29, §38.)

§16. Impersonating Prohibition Officer.—Any person, not an officer, agent or employee of the United States, or of the State of West Virginia, charged with the enforcement of the prohibition laws of this State, who shall falsely represent himself to be such officer, agent or employee, and in such assumed character shall arrest or detain any person, or shall in any manner search the person, building, or other property of any person, or do any act in impersonation of such officer, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than one hundred nor more than one thousand dollars, and imprisoned for not less than thirty days nor more than one year.(1923, c. 29, §40.)

§17. Advertising, Transporting or Possessing Stills.—It shall be unlawful for any person to manufacture, sell or advertise any still, or distilling apparatus, or material for the manufacture of liquors, as defined in this chapter, or to ship or transport into this State, or from one place to another within the State, any still, or distilling apparatus, or material for the manufacture of the same, and any person found with any material in his possession acquired for use in the manufacture of a still, or distilling apparatus, shall be deemed prima facie guilty of manufacturing such apparatus: Provided, however, That duly licensed druggists and others who may have legitimate use for distilling apparatus as above defined may obtain a permit from the commissioner of prohibition authorizing such use. All stills in this State not so registered under a permit as herein required, and all paraphernalia, materials and products employed in the manufacture of liquors or intended to be used in connection with the operation of such stills, are hereby declared contraband and shall be subject to seizure and confiscation as provided by law. Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than fifty nor more than five hundred dollars, and imprisoned in the county jail not less than thirty days nor more than six months.(1923, c. 29, §39.)

§18. Advertisement of Liquors.—If any person shall advertise or give notice by signs, bill boards, newspapers, periodicals or otherwise for himself or another of the sale or keeping for sale of liquors, or shall circulate or distribute any price lists, circulars or order blanks advertising liquors or publish any newspaper, magazine, periodical or other written or printed papers, in which such advertisements or notices are given, or shall permit any such notices, or any advertisement of liquors (including bill boards) to be posted upon his premises, or premises under his control, or shall permit the same to so remain upon such premises, he shall be guilty of a misdemeanor and be fined not less than one hundred nor more than five hundred dollars.(1913, c. 13, §8; Code 1923, c. 32A, §8.)

§19. Personal Liability of Corporate Officer or Employee.—If any corporation or association shall violate any of the provisions of this chapter, any officer, agent or employee thereof acting for it in any such unlawful act, or authorizing the same to be done, shall be personally guilty thereof the same as though such officer, agent or employee himself had committed the offense, and shall be subject to all of the fines, penalties and imprisonments therefor.(1915, c. 7, §27; Code 1923, c. 32A, §27.)

§20. Termination of Tenancy for Violation of Chapter.—The owner of any real estate shall have the right to terminate any contract of lease or rent of such real estate and demand and have possession thereof whenever the lessee, or any sublessee, tenant, or subtenant, has been held by any court of competent jurisdiction to have used the leased or rented premises in violation of any of the provisions of this chapter. And no right to damages shall accrue thereby to the lessee, sublessee, tenant, or subtenant.(1917, c. 58, §35; Code 1923, c. 32A, §35.)

§21. Cancellation of Business License for Violation of Chapter.—If any person holding a state or municipal license to conduct a business requiring the payment to the State or municipality of a license tax shall himself violate any of the provisions of this chapter, or shall knowingly permit another to violate any of the provisions of this chapter, in the premises where such business is carried on, his license shall be cancelled. Upon satisfactory showing to the county court, municipal council, or other authority in lieu thereof, that issued the state or municipal license, that the person holding such license has violated any of the provisions of this chapter, or has knowingly permitted another to violate any of the provisions of this chapter in the premises where the business of such license was carried on, the county court, municipal council, or other authority in lieu thereof, shall cancel the license issued to such person. Such showing may be made by the state commissioner of prohibition, the prosecuting attorney of the county, or mayor of the municipality wherein the business was conducted, or any citizen thereof. No refund of the tax for the unexpired license year shall be made. And no person whose license has been cancelled under the provisions of this section shall be granted or permitted a state or municipal license for the conduct of any business requiring the payment of a state or municipal license during a period of two years thereafter. And any state or municipal license issued to such person during such period of two years by any licensing authority in the State shall be void and of no effect.(1917, c. 58, §36; Code 1923, c. 32A, §36.)

§22. Action for Damages From Unlawful Sale of Liquor.—Every husband, wife, child, parent, guardian, employer or other person, who shall be injured in person or property, or means of support, by any intoxicated person, or in consequence of the intoxication, habitual or otherwise, of any person, shall have a right of action, severally or jointly, against any person who shall, by unlawfully selling or giving of intoxicating liquors, have caused the intoxication, in whole or in part, of such person or persons; and persons owning, renting, leasing or permitting the occupation of any building or premises, and having knowledge that intoxicating liquors are to be sold therein, or, who having leased the same for other purposes, shall knowingly permit therein the sale of any intoxicating liquors that have caused, in whole or in part, the intoxication of any person, shall be liable, severally and jointly, with the person or persons selling or giving intoxicating liquors aforesaid, for all damages sustained, and for exemplary damages. All damages recovered by a minor under this section shall be paid either to his parent, guardian, or next friend, as the court shall direct. All suits for damages under this section may be by any appropriate action in any of the courts of this State having competent jurisdiction: Provided, however, That, if the property of the landlord be seized or taken for any fine, forfeiture or amercement, by reason of the unlawful acts of his tenant, arising under the provisions of this section, such landlord may sue the tenant therefor, and may recover damages to the amount incurred and paid by him, together with costs.(1872-3, c. 99, §6; 1877, c. 107, §16; 1887, c. 29, §20; 1904, c. 3, §20; 1905, c. 36, §26; Code 1923, c. 32, §26.)

§1. Commissioner of Prohibition; Deputies and Agents.—The office of state commissioner of prohibition, heretofore created, is continued. The governor, on or before October first, nineteen hundred and thirty-three, by and with the advice and consent of the senate, shall appoint as state commissioner of prohibition some citizen of this State entitled to vote, whose term of office shall begin at the date of appointment and shall continue for the term of four years and until the successor of such commissioner is appointed and qualified, unless sooner removed. The person so appointed commissioner of prohibition shall give bond with good security, to be approved by the governor, in the penalty of five thousand dollars. The salary of the state commissioner of prohibition shall be five thousand dollars a year. He shall be repaid his actual disbursements for traveling expenses, an itemized account of which shall be filed with the auditor to be audited by him before payment thereof. He shall be provided with an office in the capitol, and with such furniture and clerical assistance as shall be necessary.

The commissioner of prohibition shall have authority to appoint deputies and agents, and to issue to them such certificates of authority as he may deem advisable.

Whenever the word “commissioner” is use in this chapter, it shall mean and be taken to mean, the state commissioner of prohibition.(1913, c. 13, §15; 1921, c. 115, §15; Code 1923, c. 32A, §15.)

§2. Duties and Powers; Weapons; Annual Report.—It shall be the duty of the commissioner, his deputies and agents, to superintend the enforcement of all provisions of this chapter, to diligently inform themselves of all violation of such laws and either make report thereof the prosecuting attorney of the proper county, who shall forthwith prosecute the same as provided by law, or said commissioner, his agent or deputies, shall make complaint of any violations of such laws before the proper court or committing justice, and conduct the prosecution thereof in any court in the State having jurisdiction of such matters; and for the purpose of enforcing such laws, the commissioner, his agents and deputies, shall have all the powers now vested in the prosecuting attorneys of this State and the attorney general thereof, and of sheriffs, their deputies, constables and police officers of the State. The commissioner may sue, in the name of the State, on bonds and recognizances taken under this chapter, may employ counsel in such suits and pay them, as compensation, not exceeding ten per cent of the amount recovered, may compromise such cases, and shall turn into the state treasury the net proceeds of all such cases. Any deputy or agent employed or appointed by the commissioner in the capacity of a detective or police officer shall have the right to carry firearms and concealed weapons without taking out a state license therefor: Provided, That such deputy or agent shall give bond before the clerk of the circuit court of the county of his residence conditioned as required in section five, article seven, chapter sixty-one of this Code: Provided further, That nothing in this chapter shall be or construed to take from such prosecuting attorneys or the attorney general, or his assistants, any of the powers now conferred upon them by law, except as herein provided, or to relieve any of such officers from any duty imposed upon him by any statute of this State.

The commissioner shall, on or before October first in each year, make his report to the governor covering the work of his office for the preceding fiscal year and shall show the number of arrests under this chapter in each county, the number of convictions had in each county, the amount of fines imposed therefor, together with such other matters required by the governor or deemed pertinent by the commissioner.(1913, c. 13, §16; 1921, c. 115, §16; Code 1923, c. 32A, §§10, 16; 1923, c. 29, §32; 1927, c. 40, §32.)

§3. Supervision Over and Rules and Regulations Governing Lawful Manufacture and Sale of Alcohol, Etc.—The manufacture of alcohol, wine, and other liquors, and the sale of the same by the manufacturer, by wholesale druggists and to other dealers shall be under the supervision of the commissioner and under such rules and regulations as he may from time to time prescribe.(1913, c. 13, §24; 1921, c. 115, §24; Code 1923, c. 32A, §24.)

§4. Warrants for Arrest or Search.—Every justice of the peace and every circuit, criminal or intermediate court, or the judge thereof in vacation, and every mayor of any city, town or village, upon information made under oath or affirmation that any person is manufacturing, selling, offering, exposing, keeping or storing for sale or barter any liquors, contrary to the provisions of this chapter or violating any provision of this chapter, or that the affiant has cause to believe and does believe that such liquors are manufactured, sold, offered, kept or stored for sale or barter in any house, building or other place named therein, contrary to the provisions of this chapter or that any provision of this chapter is being or has been violated, shall issue his warrant requiring the person suspected to be brought before him for examination, or the said house, building or other place to be searched, and the parties found therein to be arrested and brought before him as aforesaid; and in the same warrant shall require the officer to whom it is directed to seize and hold all liquors found therein, also vessels, glasses, bottles, jugs and other appurtenances apparently used in the manufacture, sale, keeping or storing of such liquors contrary to law.(1913, c. 13, §9; Code 1923, c. 32A, §9.)

§5. Examination; Commitment; Bonds.—If, upon examination of such person, it shall appear to such justice, court, judge or mayor, that there is probable cause to believe him guilty of the offense charged, unless in a case before a justice the State elects to try the case before him as hereinafter authorized, the accused shall be required to enter into a recognizance, with sufficient security, in the sum of not less than five hundred dollars, in case he be held to answer for a misdemeanor, and in the sum of not less than one thousand dollars in case he be held to answer for a felony, to appear before the next term of the circuit, criminal or intermediate court of the county having jurisdiction, to answer an indictment if one be preferred against him; and upon his failure to enter into such recognizance, the justice, court, judge or mayor shall commit him to jail to answer such indictment. All material witnesses shall also be recognized, with or without sureties, as such justice, court, judge or mayor may deem proper, to appear before the grand jury at the next term of such court and give evidence against the accused, and such justice, court, judge or mayor shall require the accused to give bond with sufficient security, in the sum of five hundred dollars, conditioned that he will not violate any of the provisions of this chapter during the time intervening between the date of such bond and the adjournment of the next grand jury term of such circuit, criminal or intermediate court of the county; and upon his failure to give such bond, the justice, court, judge or mayor shall commit him to jail until such bond is given or until he is discharged therefrom by the circuit, criminal or intermediate court of the county.

Before any court shall accept any person as surety upon any bond or recognizance under the provisions of this chapter such surety shall furnish a certified statement from the clerk of the county court of the county in which such surety owns real estate showing the amount, location and assessed value of his real estate, and shall also file an affidavit, the form of which may be prescribed by the commissioner, showing the bonds and recognizances upon which he is then surety, and the amount of each bond or recognizance. If the amount of such bond or recognizance, together with all bonds and recognizances as shown by the affidavit aforesaid, exceeds in amount the value of the surety’s property as shown by the certificate of the clerk of the county court, then such surety shall be disqualified.(1913, c. 13, §10; Code 1923, c. 32A, §10; 1929, c. 64, §37.)

§6. Seizure and Destruction of Liquor; Prima Facie Evidence of Guilt.—Whenever liquors shall be seized in any room, building or place which has been searched under the provisions of this chapter, the finding of such liquors in such room shall be prima facie evidence of the unlawful selling, keeping and storing for sale of the same by the person, or persons, occupying such premises, or his associates, agents or employees thereunder, and the proprietor or other persons in charge of the premises where such liquor was found, and his associates, shall be subject to trial by due process of law on the charge of unlawfully selling or keeping or storing for sale such liquor, under the indictment and form prescribed in section nine of this article, and upon his conviction of unlawfully selling, offering, storing or exposing for sale such liquor, the liquor found upon such premises shall at once be publicly destroyed by some responsible person to be appointed by the court.(1913, c. 13, §11; Code 1923, c. 32A, §11.)

§7. Forcible Entry by Officers.—If in such house, building or place, as is hereinbefore mentioned, the sale, offering, storing or exposing for sale of liquors is carried on clandestinely, or in such manner that the person so selling, offering, exposing, keeping or storing for sale cannot be seen or identified by the officer or officers charged with the execution of a warrant issued under this chapter, any such officer may, whenever it is necessary for the arrest or identification of the person so offending, or the seizing of such liquor, break open and enter such house, building or place.(1913, c. 13, §12; Code 1923, c. 32A, §12.)

§8. Jurisdiction of Justices; Reports; Disposition of Fines.—Justices of the peace shall have concurrent jurisdiction with the circuit court and other courts having criminal jurisdiction in their county for the trial of all misdemeanors arising under this chapter. The defendant shall be entitled to a trial by jury, if he shall demand the same, upon depositing with the justice the amount fixed by law for payment for attendance of the jurors. The State shall have the same right as the defendant to peremptorily challenge any two of the jurors selected and returned by the officer under the writ issued by the justice commanding the summoning of the same. Upon conviction of the accused, the justice shall impose the sentence fixed by law, and shall also require all bonds as provided by law, and shall thereupon certify to the clerk of the circuit court, for filing in his office, a transcript of his docket of the judgment in the case. Such transcript shall be admissible evidence upon the trial of the accused for any second offense alleged in any indictment found and returned against him. The justice shall also certify to the clerk of the circuit court copies of all bonds given by the defendant, and for certifying the transcript and copies of bonds, in each case as herein required, the justice shall be allowed a fee of one dollar for each transcript or copy so certified, to be taxed in costs of the case and collected as other costs are collected.

Every justice of the peace, mayor, police judge, and clerk of any court having jurisdiction of such cases shall, on the first day of each month, mail a written report to the state commissioner of prohibition of all cases arising from violations of the prohibition law, had in his court for the preceding month, on forms to be prepared and furnished by the commissioner. Such report shall state the name of the person arrested, the date of the complaint, the specific charge against him, the disposition of the case, and such other information as the commissioner may require. A fee of fifty cents, for reporting the case, shall be taxed against each defendant and collected as other costs therein. The commissioner shall file and preserve such reports.

It shall be the duty of the sheriff and deputy sheriffs of every county, the constables of every district, the police department of every municipality, all conservators of the peace, and the department of public safety, and each member thereof, to cooperate with the commissioner in the strict enforcement of the prohibition laws within this State.

All fines, forfeitures and penalties that may be imposed and collected under any provisions of the prohibition law shall be paid to the sheriff of the county wherein the same are collected, who shall enter the sums so paid to the credit an account to be kept by him under the heading “general school fund (prohibition cases).” Twenty-five per cent of this fund may, if necessary, be applied to the payment of claims under the provisions of section fifteen, article five, chapter seven of this Code, and the remaining seventy-five per cent thereof shall be paid by the sheriff into the treasury of the State as net proceeds according to the provisions of said section.

The provisions of section thirteen of this article shall apply to trials before justices of the peace: Provided, however, That in any prosecution before a justice, the prosecuting attorney, or the state commissioner of prohibition, or any of his deputies, shall have the right, before trial, to elect whether the case shall be tried and judgment entered, or whether the justice shall hold a preliminary hearing to determine whether the accused shall be held for the grand jury: Provided further, That should the defendant desire to confess, then neither the prosecuting attorney, nor the state commissioner of prohibition, nor any of his deputies, shall have such power to elect, and the justice shall enter judgment upon the confession.

In addition to other penalties herein provided for the violation of any of the provisions of the prohibition laws, there shall be added to and included in every sentence and judgment upon conviction under such laws, and allowed and taxed as part of the costs, a fee of twenty-five dollars for expenses of enforcement of this chapter, which shall be paid by the sheriff into the treasury of the State and credited to the general fund.(1915, c. 7, §32; Code 1923, c. 32A, §32; 1923, c. 29, §32; 1927, c. 40, §32.)

§9. Forms of Indictment; Duty of Prosecuting Attorney as to Second Offenses.—An indictment under section three, article one of this chapter shall be sufficient if in the form or effect following:

An indictment for any first offense under section four, article one of this chapter shall be sufficient if in the form or effect following:

An indictment for any first offense under section eight, article one of this chapter shall be sufficient if in the form or effect following:

It shall be the duty of the prosecuting attorney in all cases arising under this chapter to ascertain whether or not the charge made by the grand jury is the first or second or subsequent offense; and if it be a second or subsequent offense, it shall be so stated in the indictment returned, and the prosecuting attorney shall introduce the record evidence before the trial court of the conviction of said first or any subsequent offense, and shall not be permitted to use his discretion in charging said second or subsequent offense, or in introducing evidence and proving the same on trial.(1913, c. 13, §3; 1919, c. 108, §3; 1921, c. 115, §§3, 37; Code 1923, c. 32A, §§3, 37; 1923, c. 29, §37; 1929, c. 64, §37.)

§10. Bonds From Offenders for Observance of Statute.—In addition to the penalties prescribed for violation of any of the provisions of this chapter, the court may, in its discretion, when such conviction is had, require the defendant to execute bond with good security to be approved by the court or clerk thereof, in the penalty of one thousand dollars, conditioned not to violate any of the provisions of this chapter for the term of two years, and in default of such bond may commit the defendant to jail for such term of two years, unless such bond be sooner given.(1913, c. 13, §18; Code 1923, c. 32A, §18.)

§11. Liquor Nuisances; Forfeiture of Vehicles, Etc.—All houses, boat houses, buildings, club rooms, and places of every description, including drug stores, where liquors are manufactured, stored, sold or vended, given away, or furnished in any way contrary to law (including houses in which clubs, orders, or associations, shall barter, give away, distribute, or dispense liquors to their members by any means or device whatever), shall be held, taken and deemed common and public nuisances. All boats, cars, automobiles, wagons, water and air craft, beasts of burden, or vehicles of any kind in connection with which liquors are had, kept or possessed for the purpose of transportation, or carrying, in any way, contrary to law, shall be held, taken and deemed common and public nuisances. Boats, cars (including railroad and traction passenger cars operating in this State), automobiles, wagons, water and air craft, beasts of burden, or vehicles of any kind, shall be taken and deemed as places within the meaning of this chapter, and may be proceeded against under the provisions of section twelve of this article. Any person who shall maintain, or shall aid or abet, or knowingly be associated with others in maintaining, such common and public nuisances, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than one hundred nor more than five hundred dollars, and by imprisonment in the county jail not less than sixty days nor more than six months for each offense, and judgment shall be given that such house, building, or any room therein, or other place, be abated or closed as a place for the sale or keeping of such liquors contrary to law, as the court may determine.

All automobiles, cars, boats (other than railway cars, street cars and steamboats), wagons, water and aircraft, beasts of burden, or vehicles of any kind that are used to bring or carry liquors into this State, or from one place to another within the State, or that are known or found to contain liquors while in, on, or operating upon any street, alley, road, highway, or watercourse, or stored in any garage or other storage place, or in any other place, whether such liquors are in the possession of the passengers or occupants of any such vehicle or otherwise, shall be subject to seizure, forfeiture, and confiscation by the State. Any state, county, district, or municipal officer, whose duty it is to enforce the provisions of this chapter, shall seize and take into his custody any automobile, car, boat (other than railway cars, street cars and steamboats), wagon, water and aircraft, beasts of burden, or other vehicle that is being used as a container or conveyance of liquor, whether such liquors are upon the persons and in the actual cutsody of the passengers or occupants of any such vehicle of conveyance or otherwise.

Upon the seizure of any property under the provisions of this section, any person in charge thereof or anyone transporting, possessing, or storing liquors therein or thereon, shall be arrested. The officer making the seizure shall immediately make report in triplicate giving the officer’s name, time and place of seizure, inventory of property, articles and liquors taken into possession, and one copy thereof shall be given to the person from whom the goods are taken, one copy shall be filed with the circuit clerk of the county in which the property is seized, and one shall be forwarded to the state commissioner of prohibition. Such officer, if not the sheriff, shall immediately deliver to the sheriff of the county the property seized and take the sheriff’s receipt therefor in duplicate, and such sheriff shall hold the property so seized until the same shall be disposed of by proper order of the court having jurisdiction. All liquors so seized shall be destroyed as the law provides, and the sheriff shall be liable on his bond for the safe keeping of all such property so turned over to him. The proper costs of seizing and holding such property shall be paid out of the funds arising from confiscations under this section as hereinafter provided.

The prosecuting attorney shall at once proceed in the circuit, criminal or intermediate court having jurisdiction against the persons arrested in connection with the property so seized. The court, upon conviction of the person or persons so arrested, shall, unless good cause to the contrary be shown by the owner, declare the property so seized to be forfeited to the State, and order the same to be sold at public auction by the sheriff of the county; whereupon the clerk shall certify the court’s order to the sheriff, who shall make sale of the property thereunder, in the manner provided by law for sales under execution, and after deducting the expenses of keeping the property, the fee for the seizure, and the costs of the sale, shall pay all liens, according to their priorities, which are established by intervention or otherwise at such trial, or in other proceedings brought for such purposes, as being bona fide and as having been created without the lienor having any notice that such vehicle or container was being used for such illegal transportation or storage of liquors, and the net proceeds shall then be paid to the auditor of the State for the benefit of the general school fund. All liens against property sold under the provisions of this section shall be transferred from the property to the proceeds of the sale of the property. If, however, no one shall be found claiming the seized property, the taking of the same, with the description thereof, shall be advertised in some newspaper published in the county where taken, once each week for two successive weeks, and by notices posted in three public places, near the place of seizure, and if no claimant shall appear within ten days after the last publication of the advertisement, the property shall be sold and the proceeds, after deducting expenses, fees and costs, be paid to the auditor as aforesaid. The officer making the seizure shall be allowed a fee of ten dollars to be taxed as costs against such property.

It shall be unlawful for any person to hire, secure or use any automobile or other vehicle mentioned in this section for the purpose of bringing or carrying into the State, or from one place to another within the State, liquors as defined in section one, article one of this chapter, whether carried upon his person or otherwise while in such vehicle or conveyance, without the consent of the owner, lienor or holder of a reservation of title of such vehicle or conveyance, and any person so hiring, securing and using such vehicle or conveyance without such consent first obtained shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred nor more than one thousand dollars, and be confined in the county jail not less than four months nor more than one year. The commissioner shall have authority to employ an attorney, if necessary, in enforcing the provisions of this section, the compensation to be paid from the amount collected, and in no case to exceed ten per cent of the sale of the confiscated property.(1913, c. 13, §14; 1917, c. 58, §14; 1919, c. 108, §14; Code 1923, c. 32A, §14; 1923, c. 29, §14.)

§12. Injunction Against Nuisance.—The commissioner, his agents and deputies, and the attorney general, prosecuting attorney, or any citizen of the county where such a nuisance as is defined in section eleven of this article exists, or is kept or maintained, may maintain a suit in equity in the name of the State to abate and perpetually enjoin the same, and courts of equity shall have jurisdiction thereof. The injunction shall be granted at the commencement of the action and no bond shall be required. It shall not be necessary for the court to find that the premises involved were being unlawfully used as aforesaid at the time of the hearing, but on finding that the material allegations of the bill are true, the court shall order that no liquors shall be sold, bartered, given away, distributed, dispensed or stored in such house, building, boat house, club room or other place, nor in any part thereof, for a period of not to exceed one year in the discretion of the court from and after such finding, in case of a drug store; and in other cases the order for abatement shall be perpetual. In case decree is rendered in favor of the plaintiff in any action brought under the provisions of this section, the court entering the same shall also enter decree for a reasonable attorney’s fee in such action in favor of the plaintiff against the defendants therein, which attorney’s fee shall be taxed and collected as other costs therein, and, when collected, paid to the attorney or attorneys of the plaintiff therein.(1913, c. 13, §17; Code 1923, c. 32A, §17.)

§13. Assistant to Prosecuting Attorney.—Any citizen or organization within this State may employ an attorney to assist the prosecuting attorney to perform his duties under this chapter, and such attorney shall be recognized by the prosecuting attorney and the court as associate counsel in the proceedings; and no prosecution shall be dismissed over the objection of such associate counsel until the reasons of such prosecuting attorney for such dismissal, together with the objections thereof of such associate counsel, shall have been filed in writing, argued by counsel and fully considered by the court.(1913, c. 13, §20; Code 1923, c. 32A, §20.)

§14. Construction of Chapter.—This entire act shall be deemed an exercise of the police powers of the State for the protection of public health, peace and morals, and all of its provisions shall be liberally construed for the attainment of that purpose.(1913, c. 13, §23; Code 1923, c. 32A, §23.)