scriptions and statements who shall wilfully fail or refuse to produce the same when demanded for inspection by any of the persons aforesaid, shall be guilty of a misdemeanor, and fined not less than twenty nor more than one hundred dollars.

CERTAIN PROVISIONS RESPECTING TAVERN LICENSES.

5. Every house where food and lodging is usually furnished to travelers, and payment required therefor, shall be deemed a hotel or tavern. Every person licensed to keep a hotel or tavern shall constantly provide the same with lodging and diet for travelers and their servants, and with stableage and provender, or pasture and provender, as the season may require, for their horses; but if such hotel or tavern be in a city, village or town, the council may, if the applicant desire it, dispense with the necessity of providing for horses. If any person so licensed fail to comply with this section, the license may be revoked pursuant to the twentieth section; and shall always be revoked if it appear that the principal object in obtaining the same is not to provide lodgings and diet for travelers and their servants, but to use it as a facility for selling intoxicating liquor.

6. The state tax on a license to keep a hotel or tavern shall be determined by the yearly value of the premises occupied for that purpose. The assessor may require the proprietor, and if the premises be leased or rented, the tenant, to declare on oath, the amount of rent agreed to be paid; and if either of them refuse to do so, the person so refusing shall forfeit not less than twenty nor more than one hundred dollars. From such information, if obtained, and a comparison of the premises, where it is in his power, with other premises actually leased or rented, and other circumstances affecting the value, the assessor shall estimate the yearly value to the best of his judgment, taking into consideration not only the house itself, but all the lots, gardens, stables, out-houses, booths and watering places held and used therewith, but excluding the contiguous farm and farm houses.

HOW STATE LICENSES ARE OBTAINND.

7, The state licenses mentioned in the first section shall be issued only when authorized by the county court of the county, or other tribunal therein acting in lieu of the county court, except that where the act, occupation, or business for which such state license is necessary is to be done or carried on in an incorporated city, village or town the license shall be issued only when authorized, under the charter of said city, village or town, by the council thereof,

8. Every person desiring to obtain a state license shall apply for a certificate thereof to the assessor of the proper assessment district. If he desire such license for any purpose named in the first section, he shall, if the business is to be carried on in an incorporated city, town or village, wherein the municipal authorities are vested with

the sole power of granting such license, deliver to the assessor a copy of the order or resolution authorizing such license, and in other cases he shall deliver to the assessor a copy of the order of the proper county court, or other tribunal acting in lieu of a county court, and if the business is to be carried on in an incorporated city, town or village wherein the authorities are not vested with the sole power of granting licenses, and the charter of which requires the assent of the municipal authorities thereof to the issuing of such license, he shall also deliver a copy of the order of said authorities authorizing such license, which copies must be authenticated by the signature of the clerk of such court or other tribunal acting in lieu thereof, and by the clerk or other proper officer of the council of such city, town or village. The assessor shall thereupon deliver to the applicant a certificate of the license to be obtained, and of the amount of tax to be paid thereon to the State, which certificate shall be conformable in other respects to the provisions hereinafter contained. Such certificate shall be produced by the applicant to the officer to whom the state tax is to be paid; and his receipt for such tax, written on the certificate, shall be sufficient license, while it remains in force, to the person and for the purpsoe specified in the said certificate, except so far as is otherwise provided in this chapter.

9. An assessor may obtain a certificate for a state license from the clerk of the county court or other tribunal acting in lieu thereof, in the same manner as another person may obtain such certificate from the assessor. And the clerk, in relation to such certificate issued by him, shall perform the same duties and be subject to the same penalties as the assessor would be in relation to the certificate issued by such assessor.

POWER OF CITY, VILLAGE OR TOWN COUNCIL NOT TO BE IMPAIRED.

10. Where the council of a city, village or town are authorized by its charter or any law of the state to impose a penalty for doing any act, or engaging in any business or occupation, within the limits of such city, village or town, without first having obtained license therefor pursuant to the ordinances of said city, village or town, no state license shall exonerate the person holding the same from any such penalty.

11. (Acts 1883, p. 10.) The county court, or other tribunal acting in lieu thereof, or city, village or town council, shall not authorize any license mentioned in the first section, unless they are satisfied, and so enter on their record, journal or minutes, that the applicant for such license is not of intemperate habits; and the granting of a license to any person to carry on the business of a druggist shall not be construed to authorize him to carry on said business until he has fully complied with the provisions of chapter fifty-two of the acts of one thousand eight hundred and eighty-one, and the amendments thereto, contained in chapter one hundred and twelve of the acts of one thousand eight hundred and eighty-two, concerning pharmacy,

nor to protect him from any penalty or forfeiture prescribed by said

act.

12. If any person having a state license to sell spirituous liquors, wine, porter, ale, beer, or drink of like nature, shall knowingly sell or give any such liquors or drink to any minor or person of unsound mind, or to any person who is intoxicated at the time, or is in the babit of drinking to intoxication, or if he permit any person to drink to intoxication on any premises under his control, or sell or give any intoxicating drink to any one on Sunday, he shall be guilty of a misdemeanor and fined not less than twenty nor more than one hundred dollars.

13. A sale of any such liquors or drink by one person for another shall, in any prosecution for such sale, be taken and deemed as a sale by both, and both may be indicted and fined therefor, either jointly or separately.

14. All houses, buildings, and places of every description where intoxicating liquors are sold or vended contrary to law, shall be held, taken and deemed to be common and public nuisances, and may be abated as such, upon the conviction of the owner or keeper thereof, as hereinafter provided.

15. The owner of any house, building, or other place mentioned in the next preceding section, who sells or knowingly permits intoxicating liquor to be sold or vended therein contrary to law, and every person engaged in any such unlawful sale in any such house, building or place, may be indicted for keeping and maintaining a common and public nuisance, and upon conviction thereof he shall be fined not less than twenty nor more than one hundred dollars, and, at the discretion of the court, imprisoned in the county jail not less than ten nor more thirty days; and judgment shall be given that such house, building or other place be abated or closed up as a place for the sale of such liquors contrary to law, as the court may determine.

16. Any husband, wife, child, parent or guardian may serve upon any person engaged in the sale of intoxicating liquors a written notice not to sell or furnish such liquors to the wife, husband, child, parent or ward of the person giving such notice; and thereafter, if the person so served with such notice shall, by himself or another, sell or furnish such liquors to the person named in said notice, and by reason thereof the person to whom such liquor is sold or furnished shall become intoxicated, and, while in that condition, do damage to another, or shall, by reason of such intoxication, injure any person in his or her means of support who may have the legal right to look to him therefor, upon due proof that such liquors were sold or furnished as aforesaid, and that the person mentioned in said notice was, at the time of the service thereof, in the habit of drinking to intoxication, an action may be maintained by the husband, wife, child, parent or guardian of the person mentioned in said notice, or other person injured by him as aforeseid, against the person

selling or furnishing him such liquors, as well as for all such damages as the plaintiff has sustained by reason of the selling or giving of such liquors, as for exemplary damages, and if the person so proceeded against has given the bond and security hereinafter provided for, such suit may be brought and prosecuted upon such bond, against him and his sureties therein. Such suit may be brought and prosecuted by a married woman in any case where the person mentioned in such notice is her husband or infant child, and the damages recovered therein shall be her sole and separate property, and governed by the provisions of the code of West Virginia in relation to the separate property of married women. Where such suit is brought by a guardian, the damages recovered therein shall be the proprety of his ward.

17. If in any such house, building or place as is herein before mentioned the sale of intoxicating liquors is carried on clandestinely, or in such a manner that the person so selling cannot be seen and identified, any sheriff, constable or other officer charged with the execution of a warrant issued under the nineteenth section, may whenever it is necessary for the arrest or identification of the person so selling, break open such house, building or place.

BONDS REQUIRED IN CERTAIN CASES.

18. No county court, or other tribunal acting in lieu thereof, or city, village or town council shall authorize the issuing of any license to sell spirituous liquors, wine, porter, ale, beer, or drink of like nature, until the applicant shall have given bond with good security, to be approved by the court or other tribunal or council, in the penalty of at least three thousand five hundred dollars, conditioned that he will not permit any person to drink to intoxication on any premises under the control of such applicant, and will not knowingly sell or furnish any intoxicating drink to any person who is intoxicated at the time, or who is known to him to have the habit of drinking to intoxication, or who he knows, or has reason to believe, is under the age of twenty-one years; and that he will not sell or furnish such drink to any person on Sunday. And with the further condition that he will pay all such damages and costs as may be recovered against him by any person under any of the provisions of chapter thirty-two of the code of West Virginia as amended. And such applicant, and his securities in said bond shall be liable in a suit or suits thereon for the fine and costs which may be recovered against him for any offense under this chapter which is a violation of any of the conditions of said bond, as well as for the damages hereinbefore provided for, until the penalty of said bond is exhausted.

19. Every justice of the peace, upon information, made under oath or affirmation, that any person is selling, offering or exposing for sale spirituous liquors, wine, porter, ale, beer, or drink of like nature, or that the affiant has cause to believe and does believe that

any such liquors are sold in any house, building, or other place named therein, contrary to the provisions of this chapter, whether such persons have a license or not, 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 arrested and brought before him as aforesaid, and in the same warraut shall require the officer to whom it is directed to summon such witnesses as shall be therein named, or whose names are indorsed thereon, to appear and give evidence on the examination. If upon the examination of such person it shall appear to the justice that there is probable cause to believe him guilty of the offense charged, he shall require the accused to enter into a recognizance, with sufficient sureties, in the sum of one hundred dollars, to appear before the next term of the circuit court of the county or the next grand jury term of the county court, if that be sooner held, to answer an indictment, if one be preferred against him; and upon his failure to enter into such recognizance the justice shall commit him to jail to answer such indictment. The justice shall also recognize all the material witnesses, with or without sureties, as he may deem proper, to appear before the grand jury at the next term of said court and give evidence against the accused.

REVOCATION OF LICENSE IN CERTAIN CASES.

20. The county court, or other tribunal or council, who authorized any license mentioned in the first section, may, for good cause shown, revoke the same, upon the petition in writing of any inhabitant of the county, city, village or town. But the person holding the license must first have reasonable notice of the proposed revocation, and the privilege of being heard in person or by counsel. After such revocation, the license shall be of no effect to protect him from any penalty imposed by this chapter.

OF THE PLACE TO WHICH THE LICENSE IS CONFINED.

21. Every certificate issued by an assessor as aforesaid, if it be to authorize the keeping of a hotel or tavern, or bowling alley, billiard table or bagatelle table, or any table of like kind, or to carry on the business of a druggist, shall specify the house in which it is to be kept or carried on, and to keep or carry on the same at a different place shall be deemed a violation of this chapter. Every certificate to sell spirituous liquors, wine, porter, ale or beer, or any drink of like nature, or to furnish drinks or refreshments at a public theatre, shall specify the house where they are to be sold, and a sale at any other place shall be held to be a sale without license. Other licenses shall be deemed co-extensive with the county, but of no effect beyond. the limits of such county.

22. If the person holding a state license which is limited to a particular house as aforesaid, desires to have such license transferred to another place, the county court or other tribunal of the county, or