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be granted t others not

Usual proceedings.

by clerk of court.

case.

Permits may Sec. 8. Registered pharmacists who show themselves to be

I to fit persons and who comply with all the requirements of this pharmacists. act, may be granted permits, and in any township where

there is a registered pharmacist conducting a pharmacy and no pharmacist obtains a permit, if found necessary the court may grant a permit to one discreet person in such township not a pharmacist, but having all other qnalificutions requisite under this act, upon like notice and proceedings as pertain to permitted pharmacists and subject to the same liabilities,

duties, obligations and penalties. Papers filed SEC. 9. The clerk of the court granting the permit shall

preserve as a part of the record and files of his office all petitions, bonds and other papers pertaining to the granting or revocation of permits and keep suitable books in which bonds and permits shall be recorded. The books shall be furnished

by the county like other public records. Whether said permit Costs in the

be granted or refused the applicant shall pay the costs incurred in the case, and when granted he shall make payment before any permit issue, except the court may tax the cost of any witnesses summoned by private persons resisting said application, and the fees for serving such subpænas to such persons when it is shown that such witnesses were sum

moned maliciously, or without probable cause to believe their Fees.

evidence material. A fee of one dollar and fifty cents shall be taxed for the filing of the petition and one dollar for entering the order of the court approving bond and granting said application, and witnesses shall be entitled to mileage and per diem as in other cases. And fees for serving notices and sub

pænas shall be the same as in other cases in the district court. Certificate by Sec. 10. Before selling or delivering any intoxicating purchaser. liquors to any person, a request must be printed or written,

dated of the true date, stating the applicant is not a minor, and the residence of the signer, for whom and whose use the liquor is required, the amount and kind required, the actual purpose for which the request is made and for what use desired, and his or her true name and residence, and, where numbered, by street and number, if in a city, and that neither the applicant nor the person for whose use requested habitually uses intoxicating liquors as a beverage, and the request shall be signed by the applicant by his own true name and signature, and attested by the permit-holder who receives and

fills the request by his own true name and signature in his Request may own hand writing. But the request shall be refused, notwith

standing the statement made, unless the permit-holder has reason to believe said statement to be true, and in no case

unless the permit-holder filling it personally knows the person Purchaser

applying, that he is not a minor, that he is not intoxicated, and that he is not in the habit of using intoxicating liquors as a beverage; or, if the applicant is not so personally known to

Witnesses' mileage.

be refused.

must be known to seller.

returns to Co.

the permit-holder, before filling the said order or delivering May require

identificathe liquor he shall require identification, and the statement of tion. a reliable and trustworthy person, of good character and habits, known personally to him, that the applicant is not a minor, and is not in the habit of using intoxicating liquors as a beverage, and is worthy of credit as to the truthfulness of the statements in the application, and this statement shall be signed by the witness in his own true name and handwriting, stating his residence correctly.

SEC. 11. On or before the 15th of January, March, May, Bi-monthly July, September, and November of each year each permit Auditor. holder shall make full returns to the county auditor of all requests filled by him and his clerks during the two preceding months and accompany the same with a written or printed oath duly taken and subscribed before the county auditor or notary public, which shall be in the following form, to-wit:

"I................, being duly sworn, on oath state that Oath, form of. the requests for, liquors herewith returned are all that were received and filled at my pharmacy (or place of business) under my permit during the months of .... 18....; that I have carefully preserved the same and that they were filled up, signed and attested at the date shown thereon, as provided by law; that said requests were filled by delivering the quantity and kind of liquors required and that no liquors have been sold or dispensed under color of my permit during said months except as shown by the requests herewith returned and that I have faithfully observed and Faithful complied with the conditions of my bond and oath taken by observance. me thereon endorsed and with all the laws relating to any duties in the premises."

Every permit holder shall keep strict account of all liquors Strict acpurchased or procured by him in a book kept for that purpose count of purwhich shall be subject at all times to the inspection of the kept. Commissioners of Pharmacy and the county attorney, any grand juror Sheriff or Justice of the Peace of the county and such book shall show of whom such liquors were purchased or procured, the amount and kind of liquors purchased or procured, the date of receipt and amount sold also the amount on it hand of each kind for each two months, such book shall be account. produced by the party keeping the same, to be used as evidence on the trial of any prosecution against him or against liquors alleged to have been seized from him or his house, on notice duly served that the same will be required as evidence; and at the same time he returns requests to the county auditor he shall file a statement of such account with such auditor except that the items of sales need not be embraced therein, but the aggregate amount of each kind shall be, and such statement shall be verified, before the county auditor or a Necessary notary public. All forms necessary to carry out the provis- provided.

chases to be

forms to be

or clerk.

shad may be privil, ane Wawe now for the support

shield.

On conviction

port to Auditor.

ions of this act not otherwise provided for shall be as may be

provided by the Commissioners of Pharmacy. Permit holder SEC. 12. Every permit holder or his clerk under this act,

shall be subject to all the penalties, forfeitures and judgments and may be prosecuted by all the proceedings and actions criminal and civil, and whether at law or in equity provided for or authorized by the laws now or hereinafter in force for any violation of this act, and the act for the suppression of intemperance and any law regulating the sale of intoxicating liquors

and by any or all of such proceedings applicable to comPermits not a plaints against such permit holder; and the permit shall not

shield any person who abuses the trust imposed by it or vio

to,lates the laws aforesaid, and in case of conviction in any liquor to be proceeding civil or criminal all the liquors in possession of destroyed.

the permit holder may by order of the court be destroyed. On the trial of any action or proceeding against any person for manufacturing, selling, giving away or keeping with intent

to sell intoxicating liquors in vioiation of law, or for any Failure to re- failure to comply with the conditions or duties imposed by this

act, the requests for liquors and returns made to the auditor as herein required, the quantity and kinds of liquors sold or kept, purchased or disposed of, the purpose for which liquors were obtained by or from him and for which they were

used, the character and habits of sobriety or otherwise, shall Evidence. be competent evidence and may be considered so far as appli

cable to the particular case with any other recognized, competent and material facts and circumstances bearing on the issues involved in determining the ultimate facts. In any suit, prosecution or proceeding for violations of this act or the acts for the suppression of intemperance, and acts amend

atory thereof, the court may compel the production in eviBooks in evi- dence of any books or papers required by this act to be kept,

and may compel any permit holder, his clerk or any person who has purchased liquors of either of them to appear and give evidence, and the claim that any such testimony or evi

dence will tend to criminate the person giving such evidence Tendency to shall not excuse such person or witness from testifying or pro

ducing such books or papers in evidence; but such oral evidence shall not be used against such person or witness, on the trial of any criminal proceeding against him. Any number of distinct violations of this act may be charged in one indictment

or information in different counts and all tried in the same tried in one action, the jury specifying the counts, if any, on which the

defendant is found guilty. May be pur SEC. 13. Registered pharmacists, conducting pharmacies

and not holding permits, and manufacturers of proprietary medicines are hereby authorized to purchase of permit holders intoxicating liquors (not including malt) for the purpose of compounding medicines, tinctures and extracts that cannot be

dence.

criminate no excuse.

All counts

action.

chased for compound.

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baheul mai report to Co.

violation.

used as a beverage. Such purchasers, shall keep a record of Purchaser uses to which the same are devoted, giving the kind and quan- muat keep retity so used.

And on or before the 15th day of January, March, May, Bi-monthly July, September, and November of each year they shall make Auditor: and file with the county auditor sworn reports for the two preceding calendar months, giving full and true statements of the quantity and kinds of such liquors purchased and used, the uses to which the same have been devoted. The Commis

1 Pharmacy sioners of Pharmacy are hereby empowered to make such Com. may further rules and regulations with respect to the purchase, use make rules. and keeping of such liquors as they may deem proper for the prevention of the abuses of the trusts reposed in such purchasers, and if the said registered pharmacist sell, barter, give away, exchange or in any manner dispose of said liquors, or use the same for any purpose other than authorized in this section he shall, upon conviction before any district court Penalty for thereof, be liable to all the penalties, prosecutions and proceedings at law or in equity provided against persons selling without a permit, and upon any such conviction the clerk of the district court shall within ten days after said judgment or order transmit to the Commissioners of Pharmacy the certified record thereof, upon receipt of which the Commission may strike his name from the list of pharmacists and cancel his Certificate certificate. Provided, that nothing herein contained shall be may be canconstrued to authorize the manufacture or sale of any preparation or compound under any name, form or device, which may be used as a beverage and which is intoxicating in its character.

SEC. 14. Every permit-holder is hereby authorized to ship Permit holder to registered pharmacists and manufacturers of proprietary may ship. medicines, intoxicating liquors to be used by them for the purposes authorized by this act.

And all railway transportation and express companies, and common carother common carriers, are authorized to receive and trans- riers author

anized to transport the same upon presentation of a certificate from the Clerk port. of the District Court of the county where the permit-holder resides, that such person is permitted to ship intoxicating liquors, under the provision of this act.

SEC. 15. A permit-holder may employ one or more regis- Acts of clerks tered pharmacists as clerks, to sell intoxicating liquors in con- deemed acts formity to the permit and provisions of this act, but in such case the acts of his clerks in conducting the business shall be deemed the acts of the permit-holder who shall be liable therefor as if he had personally done the acts, and in making returns the verification of such requests as may have been received, attested and filled by a clerk must be made by such clerk, and the clerk who transacted any of the business under Clerk must the permit must join in the general oath required of the Joi

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join in oath.

1891.

Co. Treas.

Pharmacy Com, may draw 50 per cent of fines.

employer so far as relates to his own connection therewith. If for any cause a registered pharmacist who holds a permit shall cease to hold a valid and subsisting certificate of registration or renewal thereof his permit shall thereby be forfeited

and be null and void. Old permits

Sec. 16. Any person holding a permit in force when this expire Jan.

act takes effect may continue to purchase, keep and sell intoxicating liquors (according to law) for the time provided in such permit, unless sooner revoked. But all such permits shall

expire not later than January 1st, 1891. Convictions,

SEC. 17. If any person shall be convicted of violating any of the provisions of this act or acts regulating the practice of pharmacy or any acts for the suppression of intemperance, or amendments thereto by reason of a prosecution by the Com

missioners of Pharmacy, the clear proceeds of all: fines so Fines paid to

imposed and collected shall be paid into the connty treasury of the proper county for the use of the school fund, and the Commissioners of Pharmacy shall be entitled to draw from the state treasury an amount not exceeding 50 per cent of the amount of the fines so collected, to be used solely in prosecutions instituted by them for failure to comply with the provisions of this act or of the acts regulating the practice of pharmacy. And the court or clerk thereof before whom any prosecution is instituted and prosecuted by the Commissioners of Pharmacy shall certify to the Auditor of State, all cases in which they have appeared as prosecutors, either in person or by their attorney, and the amount of fines imposed and col

lected in such cases. And the Commissioners of Pharmacy Phar. Com shall have the power to revoke the certificate of registration

of pharmacists for repeated violation of this act. Said amount to be drawn from time to time upon the warrants of the State Auditor, which shall issue for the payment of expenses actually incurred in said prosecution after said expenses shall have been audited by the Executive Council.

Sec. 18. If any person shall make any false or fictitious signature or sign any name other than his or her own to any paper required to be signed by this act or make any false statement in any paper or application signed to procure liquors under this act, the person so offending shall be deemed

guilty of a misdemeanor, and upon conviction thereof, shall Penalty.

be punished by a fine of not less than twenty (20) dollars nor more than one hundred (100) dollars and cost of prosecution, and shall be committed until said fine and costs are paid, or

be imprisoned not less than ten nor more than thirty days. If False oath by any permit-holder or his clerk shall make false oath touching permit hold any matter required to be sworn to under the provisions of

this act, the person so offending shall upon conviction thereof be punished as provided by law for perjury. If any person holding a permit under this law shall purchase or procure any

may revoke certificate.

False statements to obtain liquors.

er.

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