CHAPTER 6. (House Bill No. 393.) AN ACT to authorize the county court of Berkeley county, West Virginia, to expend a sum not exceeding three hundred dollars from the county funds for the purpose of marking the grave of the late General Adam Stephens in said county. [Passed February 19, 1915. In effect ninety days from passage. Approved by the Governor February 26, 1915.] Be it enacted by the Legislature of West Virginia: Section 1. The county court of Berkeley county, West Vir2 ginia, is authorized to expend a sum not exceeding three hundred 3 dollars from the county funds of said county, for the pur4 pose of erecting a suitable marker, mound or monument over 5 the grave of the late General Adam Stephens in said county, which 6 funds so authorized to be used may be added to by public subscrip7 tion or otherwise from private sources. All funds expended under 8 this order shall be upon the regular voucher of the county court 9 and when honored and paid by the sheriff shall be credited to him 10 in his settlement. Sec. 2. All acts or parts of acts inconsistent herewith are 2 hereby repealed. CHAPTER 7. (Senate Bill No. 79.) AN ACT to amend and re-enact section seven of chapter thirteen, acts of the legislature of one thousand nine hundred and thirteen, relating to prohibiting the manufacture, sale and keeping for sale of intoxicating liquors and the enforcement of the amendment of section forty-six of article six of the state constitution ratified on the fifth day of November, one thousand nine hundred and twelve; and to further amend said chapter thirteen of the acts of the legislature of one thousand nine hundred and thirteen by enacting as additional thereto seven sections, to be numbered sections twenty-seven to thirty-three inclusive, as parts thereof. [Passed January 27, 1915. In effect thirty days from passage. Approved by the Governor February 5, 1915.] SEC. res 7. Unlawful for personal use or otherwise to have, keep or use, intoxicating liquors at any taurant, store, office building, club, place where soft drinks are sold, fruit stand, news stand, room, or place where bowling alleys, billiard or pool tables are maintained, livery stable, boat house, public buiding, park, road, street or alley; penalty for violations; exceptions; the word "home" defined for purposes of this section; provisions and exceptions as to common carriers; further exceptions as to search and seiz SEC. 30. 31. 32. 33. ing for sale intoxicating liquor, Jurisdiction of justices co-exten- Be it enacted by the Legislature of West Virginia: That section seven of chapter thirteen, acts of the legislature 2 of nineteen hundred and thirteen, relating to prohibiting the man3 ufacture, sale, and keeping for sale of intoxicating liquors, and the 4 enforcement of the amendment of section forty-six of article six 5 of the state constitution ratified on the fifth day of November, one 6 thousand nine hundred and twelve, be amended and re-enacted so 7 as to read as hereinafter set out; and that said chapter thirteen 8 of the acts of the legislature of one thousand nine hundred and 9 thirteen be and is hereby further amended by enacting as addi10 tional thereto seven sections as parts thereof, numbered twenty11 seven to thirty-three inclusive, as hereinafter set out. Sec. 7. It shall be unlawful for any person to keep or 2 have, for personal use or otherwise, or to use, or permit another to 3 have, keep or use, intoxicating liquors at any restaurant, store, 4 office building, club, place where soft drinks are sold (except 5 a drug store may have and sell alcohol and wine as provided by 6 sections four and twenty-four), fruit stand, news stand, room, or 7 place where bowling alleys, billiard or pool tables are maintained, 8-9 livery stable, boat house, public building, park, road, street or 10 alley. It shall also be unlawful for any person to give or furnish 11 to another intoxicating liquors, except as otherwise hereinafter 12 provided in this section. Any one violating this section shall be 13 guilty of a misdemanor, and upon conviction thereof shall be fined 14 not less than one hundred dollars, nor more than five hundred dol15 lars, and be imprisoned in the county jail not less than two nor 16 more than six months; provided, however, that nothing contained 17 in this section shall prevent one, in his home, from having and 18 there giving to another intoxicating liquors when such having or 19 giving is in no way a shift, scheme or device to evade the provis20 ions of this act; but the word "home" as used herein, shall not be 21 construed to be one's club, place of common resort, or room of a 22 transient guest in a hotel or boarding house. And, provided, fur23 ther, that no common carrier, for hire, nor other person, for hire 24 or without hire, shall bring or carry into this state, or carry from 25 one place to another within the state, intoxicating liquors for an26 other, even when intended for personal use; except a common car27 rier may, for hire, carry pure grain alcohol and wine, and such 28 preparations as may be sold by druggists for the special purposes 29 and in the manner as set forth in sections four and twenty-four; 30 and, provided, further, however, that in case of search and seizure, 31 the finding of any liquors shall be prima facie evidence that the 32 same are being kept and stored for unlawful purposes. Sec. 27. If any corporation or association shall violate any of the provisions of this act, any officer, agent or employee thereof 3 acting for it in any such unlawful act, or authorizing the same to 4 be done, shall be personally guilty thereof the same as though such 5 officer, agent or employee himself had committed the offense, and 6 shall be subject to all of the fines, penalties and imprisonments ↑ therefor. Sec. 28. It shall be unlawful for any person to give, under 2 the proviso in section seven, or otherwise, intoxicating liquors to 3 any minor, person of intemperate habits, or one who is addicted to 4 the use of any narcotic drug. If any person shall violate the pro5 visions of this section he shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than one hundred dollars, 6 7 nor more than five hundred dollars, and imprisoned in the county 8 jail not more than six months. Sec. 29. If any county, district or municipal officer, or any 2 municipal police, shall fail, refuse or neglect to discharge any duty 3 imposed upon him by law, prohibiting the manufacture, sale, keep4 ing and storing for sale of intoxicating liquors, he shall be re5 moved from office in the manner provided in this section. Such 6 removal shall be made by the circuit court of the county wherein 7 such officer resides. The charges against any such officer shall be 8 reduced to writing, and entered of record by the court, and a sum9 mons shall thereupon be issued by the clerk of such court, contain10 ing a copy of the charges, and requiring the officer named therein 11 to appear and answer the same on a day to be named therein, which 12 summons may be served in the same manner as a summons com13 mencing an action may be served, and the service must be made 14 at least five days before the return day thereof. And the court it15 self shall, without a jury, hear the charges, and upon satisfactory 16 proof thereof, remove any such officer from the discharge of the 17 duties of his office, and place the records, papers and property of his 18 office in the possession of some other officer or person for safe19 keeping until the vacancy is filled. Any vacancy created under this 20 section shall be filled in the manner required by law as to coun21 ty and district officers, and in the manner prescribed by the ordi22 nances of the municipality. Any citizen of the county, district 23 or municipality, as the case may be, or the commissioner of 24 prohibition, may prefer and prosecute to final judgment charges 25 for removal against any of the officers, including municipal po26 lice, mentioned in this section. The word "officer", as used here27 in, shall include and embrace municipal police. Either party shall 28 have the right of appeal to the supreme court of appeals of the 29 state from the judgment of the circuit court. Sec. 30. Whenever it shall be made to appear to any criminal 2 or circuit court, having the trial of offenses under this act, that the 3 state cannot have a fair and impartial trial by jury in the county 4 wherein an indictment has been returned, charging an offense un5 der this act, the court shall enter an order of record to such effect. 6 In said order the court shall fix a day for the trial of the accused, and in such order shall be indicated the county from which jurors 8 shall be drawn to try the accused, and the number of jurors to be 9 drawn. An attested copy of such order shall be certified to the 10 judge of the circuit court of the county designated, and thereupon 11 the judge of such circuit court shall, by order, direct that a jury 12 be drawn, in the manner provided by law for the drawing of petit 13 jurors in his county, and proceedings respecting the drawing of 14 such jurors, including the names of the jurors, shall be certified by 15 the clerk of the circuit court of the county designated to the clerk 16 of the court wherein the accused is to be tried. Thereupon writ of 17 venire facias shall be issued by the clerk of the court wherein the 18 accused is to be tried, directed to the sheriff of the county wherein 19 the jurors have been drawn, commanding him to summon the ju20 rors so drawn to attend for jury service in the county wherein the 21 accused is to be tried upon the day named in the writ. Said ju22 rors shall attend for the purpose of the trial of the accused, and 23 the jury shall be selected in the manner provided by law. For their 24 services, the jurors so drawn shall be paid the per diem and mileage 25 out of the same funds that the jurors of the county wherein the 26 accused is to be tried are paid. Sec. 31. It shall be unlawful for any person to bring or carry 2 into the state, or from one place to another within the state, even 3 when intended for personal use, liquors exceeding in the aggregate 4 one-half of one gallon in quantity, unless there is plainly printed 5 or written on the side or top of the suit case, trunk or other con6 tainer, in large display letters, in the English language, the con7 tents of the container or containers, and the quantity and kind of 8 liquors contained therein. If any person shall violate this section, 9 he shall be deemed guilty of a misdemeanor; and the liquors in 10 the possession of any person violating this section may be seized, 11 and shall be conclusive evidence of the unlawful keeping, storing 12 and selling of same by the person having such liquors in his pos13 session; and upon the conviction of such person he shall be sub14 ject to the fines and imprisonments as provided for in section 15 three. Sec. 32. A justice of the peace shall have concurrent jurisdic2 tion with the circuit court and other courts having criminal juris3 diction in his county for the trial of first offenses arising under this 4 act. The defendant shall be entitled to a trial by jury, if he shall 5 demand the same, upon depositing with the justice the amount as 6 fixed by law for payment for attendance of the jurors. The state 7 shall have the same right as the defendant to peremptorily chal8 lenge any two of the jurors selected and returned by the officer un |