The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1881-02-25

10 be carried on. petition asking per
NIT for such purpose, setting forth the
name of the applicant, the place where
il is desired 10 carry on such business,
and the kind of liquor 10 be manGfac-
tured. Such petition shall have append
ed thereto certificate signed by al least
twelve citizens of the township or city
where such business Is sought to be es-
tsblished, certifying that such applicant
is person of good moral character,
temperate in his habits, and 8 proper
person to manufacture and sell intoxi-
eating liquors. such applicant shall
file with said petition a bend to the state
at Kansas, in the sum of ten Thousand
dollars, conditioned that for any viola
ton Of the provisions af this act, said
bond shall be forfeited. Such bond shall
be signed by said applicant or applicants
as principal or principals. and by at
least three suTeties, who shall Justify
under oath in the sum Of seven Thousand
dollars each, and who shall be of the
number signing said petition. The pro-
| bate judge shall consider such petition
and bond, and il satisfied that such Pc
tition is true, and that the bond is suf-
ficient, may in his discretion grant per-
nit TO manufacture Intoxicating liquors
for medical, scientific and mechanical
purposes. The said permit, the order
| granting the same, and the bond and jus
LITIGATION thereon, shall be forthwith re-
| corded by said probate judge In the
same manner and with like effect IS in
case OF 8 permit to sell such liquors as
provided in section two of this act; and
the probate judge shall be entitled TO the
| same fee for his services, 10 be paid by
| applicant. Such manufacturer shall
keep book Wherein shall be entered a
complete record of the liquors manufac-
tured by him, the sales made With the
| date thereof, the name and residence Of
| the purchaser, the kind and quantity of
| the liquor sold, and the price received
| or charged therefor. An abstract of
such record, verified by the affidavit of
the manufacturer, shall be filed quarter
| ~ in SAID probate court at the end Of
each quarter during the period covered
! BY such permit. Such manufacturer
shall sell the liquors SO manufactured
Only for medical, scientific and mechan-
| ical purposes, and only in original pack.
ages. He shall not sell said liquors for
medical purposes except 30 druggists
| who at the time of such sale shall be
duly authorized To sell intoxicating liQ-
| uOrs as provided in this act; and be
| shall sell such liquors TO no other per
son, or persons, associations. or corpora
ticns. except for medical. scientific and
mechanical purposes and then only IN
quantities not less than five gallons.
SEC. 0. All sales made by such
manufacturers shall he upon written OF
printed application, setting forth the
name, occupation and residence of the
! applicant, the quantity and kind of
| liquors wanted, and for what purpose
and all such applications shall be veri-
fed by the affidavit of the applicant,
made before some officer in the county
having authority TO administer oaths,
that the statements in said application
are true. Such manufacturer shall file
all such applications in the probate court
of the county wherein the applicant re-
sides, within thirty days after receiving
the same, where they shall be kept on
file for two years from the date of such
filing. Every person who shall wilfully
swear falsely in making any of the
affidavits in this section and in section
five of this act provided, shall be
deemed guilty of perjury, and shall be
prosecuted and punished therefor as in
other cases arising under the laws of
this state relating to perjury. Any recti-
fication or adulteration of intoxicating
liquors shall be considered manufac.
turing under this act. The record kept
by such manufacturer shall be open to
the inspection of the public at all reas-
enable times during business hours.
| SECTION 7. Any person, without tax
ing out and having permit to sell in-
toxicating liquors as provided in this
act, who shall directly or Indirectly
sell or barter any spirituous, malt,
vInOus. fermented or other intoxi-
eating liquor, shall be deemed
guilty of a misdemcanor. and upon
conviction thereof shall be fined in any
sum not less than one hundred dollars,
nor more than five hundred dollars
or be imprisoned in the county Jail not
less than thirty days nor more than nine
days; and fer a second offense shall be
fined in any sum not less than two hun
bred dollars and more than five hundred
dollars. or Ike imprisoned in the county
jail not less than sixty days nor more
than six months; and for third, and
every subsequent offense, shall be fined
in sum not less than five hundred dol
lars nor more than one thousand dollars,
or he imprisoned in the county Jail no;
less than three months nor more than
one year, or shall suffer both such fine
and imprisonment. in the discretion OF
. the court.
SEC. s. ANY person, without taking
out and having permit TO manufacture
intoxicating liquors, as provided IN this
act, who shall manufacture, or aid, assist
or abet in the manufacture of any OF
the liquors mentioned in section one oi
this act, shall be deemed guilty Of a
| misdemeanor, and upon conviction there
of shall suffer the same punishment as
provided in the last preceding section
T of this act fnr unlawfully selling such
liquors.
SEC. 8. Every person having a
permit TO sell intoxicating liquors, or to
manufacture and sell intoxicating liquors
under the provision Of this act, who shall
sell or barter such liquor in any other
manner or for any other purpose than in
this act provided, or who shall violate
any of the provisions of this act, shall,
upon conviction thereof, be deemed
guilty of misdemcanor, and shall be fined
in any sum not less than one hundred
dollars nor more than three hundred
dollars for the first offense, Or be impris-
oned in the county Jail not less than
thirty days nor more than ninety days
and in addition thereto shall forfeit his
permit to sell under this act; for sec
. ond offense he shall be fined in a sum
not less than three hundred dollars nor
j more than five hundred dollars, or shall
, be imprisoned in the county Jail moi
less than thirty days nor more than
ninety days, and forfeit his permit, aud
for period of five years his right to oh
tain permit to sell intoxicating liquors
under this act; and for third and every
: subsequent offense he shall be fined in 8
sum not less than five hundred dollars
. nor more than one thousand dollars or
shall be imprisoned in the county jail
not less than three months nor more
than one year, and shall forfeit his per
, nit and his right forever to obtain per
nit to sell intoxicating liquors in TIN:
! state under the provision of this act
! In all cases where forfeitures are pro
: vided in this act, the court. in rendering
2 judgment in the action, shall declare
: such forfeiture in fixing the punish
r ment
: SEC. 10. All liquors mentioned in see
!, ton one of this act, and all other liquor
: or mixtures thsrcof, by whatever nam'
{; called, that will produce intoxicstiOn
: shall be considered and held to be intoxi
] eating liquors within the meaning of thi
! ! act.
/. SEC. IL. A permit to sell intoxicatin.
! liquor under this act shall continue IL
: force for one year from the date thereo
1 unless sooner forfeited under the proVi
t sions of this act; and permit TO manu-
: facture and sell Intoxicating liquor unde
n this act shall continue in force for a pc
L Rod of five years from the date thereof
] unless sooner forfeited under the PROV
= sions OF this set: Pr0etded, That ih
e probate judge may require renewal o
i the bond Of said manufacturer at tine en-
i Of any year by giving thirty days motto
Y to the principal in such bond. rrquiriu:
q him 10 renew such bond, and in defaui
l. of his giving new bond with sureties. t.
g the satisfaction at such probate Judge
i after having been so notified, he shall
q forfeit his permit TO manufacture an
n sell intoxicating liquors under this act