The Daily Dispatch: March 17, 1862., [Electronic resource]

An act to prevent the unnecessary Consumption of grain by Distillers and other Manufacturers of Spirituous and Maltliquors.--[passed March 12, 1862.

[published by order of the House of Delegates.]

1. 1. Be it enacted by the General Assembly, That it shall not be lawful for any person hereafter to make, or cause to be made, any whiskey or other spirituous or malt liquors, out of any corn, wheat, rye, or other grain, and any person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined for every offence, not less than one hundred dollars, nor more than five thousand dollars; and be subject to imprisonment in the county jail not exceeding twelve months at the discretion of the court.
2. 2. Be it futher enacted, That every day which any distillery or any other machine, implement or structure, for the manufacture of spirits shall, in violation of the foregoing section, be in operation, shall be taken and held to be a separate offence within the meaning of this act.
3. 3. Be it further enacted, That, in addition to the penalty prescribed by the first section of this act for a violation of these provisions, the distillery or other machine and implements used therewith for the purpose of making liquor, in violation of this act, shall be forfeited to the Commonwealth; and it shall be the duty of the court, in pronouncing judgment upon any conviction under this act, to add the judgment of forfeiture, and to order the sheriff to make sale of such distillery, or other machine and implements, by such execution as issues by the Commonwealth in other cases. And it shall be the duty of the sheriff to pay the proceeds of such sale into the treasury of the Commonwealth, after deducting to himself five per cent. commission.
4. 4. Be it futher enacted, That, as soon as any person may be presented or indicted for any violation of the previsions of this act, the court of any county or corporation, in which said proceedings is had, shall immediately issue an order to the sergeant or sheriff of such county or corporation, directing him, unless within ten days thereafter the defendant shall enter into bond, with sufficient security, in the penalty of one thousand dollars, conditioned to answer the judgment of the court, and also to have forthcoming, when required by any law, any property alleged to be forfeited under this act, then at once to seize and take possession of the spirituous or malt liquors, grain, distilling machine, and other implements used or employed in making liquor in violation of this act, and the grain, the distilling of which is hereby prohibited, and hold the same subject to the judgment of said court as herein provided.
5. 5. And be it futher enacted, That all corn, wheat, or other grain, purchased or obtained for the manufacture of liquor in violation of the provisions of the first section or this act, shall be forfeited to the Commonwealth.--And it shall be the duty of all sheriffs, constables, commissioners of the revenue, and other officers of the Commonwealth, to make diligentinquiry into all violations of this act, and report the same promptly to the Attorney of the Commonwealth, or any justice of the peace in the county in which the offence may be committed. If any officer shall fail to perform the duties required of him by this act, he shall be flued, at the discretion of the jury; for each neglect or failure, not less than ten nor more than five hundred dollars.
6. 6. And be it futher enacted, After such presentment shall have been made, if the defendant should continue to operate his distillery, it shall be the duty of the sheriff or sergeant to seize and take possession of the grain, distillery, and liquors, unless he shall enter into bond in the penalty of one thousand dollars with the clerk of the court into which said presentment is depending; conditioned that he will cease the distillation of corn, wheat, rye, or other grain. All prosecutions under this act shall be tried at the first term of the court in which they may be instituted, unless good cause be shown for a continuance.

A copy from the Rolls.

Tests: Wm. F. Gordon, Jr.,

C. H. D. and K. or R. of Va.

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