The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1881-03-04


medical, scientific and mechanical purposes.
The said permit, the order granting the same
and the bond and justification thereon, shall
recorded By said Rrsnats ct JadEe
| case of q permit 20 sell such liquors as pro-
'ytded in section of this act; and the Probate
Judge shall be entitled to the same fee for his
services, to be paid by the applicant. Such
| manufacturer shall keep q book, wherein
shall be entered q complete record of the
liquors manufactured by him. the sale made.
dence of the purchaser, the kind and guam
tity of liquors sold, and the price received or
| charged therefor. An abstract of such record,
| verified by an affidavit OF the manufacturer,
shall be flied quarterly in said Probate Court
at the end of each quarter during the period
covered by such permit. Such manufacturer
medical. scientific and mechanical purposes,
| and only in original packages. II, shall not
sell said liquors for medical purposes except
to VINO az tne s Time OF s1en SAFE snail
as provided in this act, and he shall sell such
| liquors to no other person, or persons, assOci-
aiions, or corporations, except for scientific
| and mechanical purposes, and then only in
quantities not less than H. e gallons.
SEC. 6. llsales made by such manufacturer
shall be upon written or printed application,
| dence OF the applicant, the quantity and kind
of liquors wanted, and for what purpose; and
| all such applications shall be verified by the
| affidavit of the applicant, made before some
officer in the county having authority to ad.
minister oaths, that the 8. atements in said ap-
piicatiOn are true Such manufacturer shall
of the county wherein the applicant resides,
within thirty days after receiving the same,
where they shall be kept on file for two years
from the date Of such Hing Evefy person
any of the affidavits in this section and in Sec
ton 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 per-
jury. Any rectifcatlOn or adulterat on of in
tOxicating liquors shall be considered manu-
such manufacturer shall be open to the in.
spection of the public at all reasonable times
during business hours.
SEC. Z. Any person, without taking out and
having permit to sell Intoxicating liquors,
as provided in this act, who shall directly or
indirectly sell or barter any spirituous, malt
vinous, fermented or other Intoxicating H.
quor, shall be deemed guilty of misdemean-
or, and upon conviction thereof shall be fined
in any sum not less than one hundred dollars
nor more than five hundred dollars, or be i'm
priSOned in the County Jail not less than
thirty days nor more than ninety days; and
for second offense shall be fined in any sum
not less than two hundred dollars nor more
than five hundred dollars, or be imprisoned in
the County Jail not less than sixty days nor
more than six months; and for a third and
every subsequent Offense shall be fined in a
sum not less than five hundred dollars nor
MOI e than one thousand dollars, or be i'm
prisoned in the County Jail not less than three
months nor more than one year, or sEali suffer
both such fine and imprisonment, In the dis
erection 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, or assist or abet in the
manufacture OF any of the liquors mentioned
in section one of this act, shall be deemed
guilty of misdemeanOr, and upon conviction
thereof shall suffer the same punishlnnt as
provided in the last preceding section of this
act for unlawfully selling such liquors.
SEC: Every person having permit to sell
Intoxicating liquors, or to manufacture and
sell Intoxicating liquors, under the provisions
of this act, who shall sell or barter such liquor
in any other manner or for any other purpose
any of the provisions of this act, shall, upon
conviction thereof, be deemed guilty of a mis-
demeanor, 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 imprisoned in the county Jail not less
than thirty days nor more than ninety days.
and in addition thereto shall forfeit his per-
init to sell under this act; for a second ofense
he shall be fined in a sum not less than three
hundred dollars nor more than five hundred
dolla 8, or shall be imprisoned in the county
Jail not less than thirty days nor more than
ninety days, and forfeit his permit. and for q
period of five years his right to obtain a per-
init to sell Intoxicating liquors under this act;
and for a third and every subsequent offense
he shall be fined in a sum not less than five
hundred dollars nor more than one thousand
dollars, or shall be imprisoned in the county
one year, and shall forfeit his permit and his
right forever to obtain permit to sell intox-
icuting liquors in this State under the pro-
OF TINS aGt In ths eases h wnere Ior
rendering Judgment in the action, shall de
clare such forfeiture in fixing the punishment.
SEC. 10. All liquors mentioned in section one
of this act, and all other liquors or mixtures
thereof, by whatever name called, that will
produce intoxicatiOn, shall be considered and
held to be Intoxicating liquors within the
meaning of this act.
SEC. IL. A permit to sell intoxicating liquor
under this act shall continue in force for one
year from the date thereof, unless sooner for
fefted under the provisions OF this act; and
permit to manufacture and sell Intoxicating
liquor under this act shall cont nue. in force
for period of five years from the date thereof
unless sooner forfeited under the pro-
visions of this act. Prorided, That the Probate
Judge may require a renewal of the bond of
said manufacturer ut the end of any year by
giving thirty days notice to the principal in
and in default of his giving new bond with
sureties. to the satisfaction of such Probate
Judge, after having been so noticed, he shall
forfeit his permit to manufacture and sell in
toxicating liquors under this act; such for,
fixture shall be declared by such Probate
Judge, and entered of record in said Probate
Court.
Sec IL. 1t shall be the duty of ali Sheriffs,
Under Sherifs, Deputy Sheiiffs, COnstables,
Marshals and police officers of cities or towns,
having any notice or knowledge of any viola
ton OF the provisions OF this act, to notify the
County Attorney of the county of the fact of
such violation. with the name of any witnesses
WITHIN his knowledge by whom such violation
can be proven. If any such officer shall fail
in any case to comply with the provisions of
this section, he sha ! on conviction thereof be |
adjudged guilty of II m>demeanor, and fined |
in any sum not exceeding one hundred dol |
lars, and such conviction shall be deemed a |
removal of such officer from office. If the |
County Attorney of any county shall be mott |
fled by any officer or other persons of any |
violation OF any of the provisions OF this act,
it shall, be his duty forthwith to diligently in
quire into the facts of such violation, and if |
there is reasonable ground for instituting q |
prosecution. it shall he the duty OF such !
County Attorney to file a comp!a mt in writ !
ing before some court of competent jurisdic |
ton, charging the suspected person of such |
offense. and shall verify such complaint by |
affidavit but it shall be sufficient to state in
such AFFIDAVIT that he believes the |
be true. If any County Attorney |
shall fail or refuse to faithfully perform any |
duty imposed upon him by this act, he shall |
be deemed guilty of a misdemeanor, and on |
conviction thereof in the District Court shall |
be fined in any sum not exceeding five hun |
dred dollars, and on such conviction shall be |
deemed to be removed from Office. If in any |
prosecution begun by the county attorney un. |
der the provisions of this section there shall |
be failure to convict, the proper costs of |
sucn pr )secution shall be paid by the cOuntyfn |
which such prosecution was begun. 1t shall be |
the duty of the county attorney, under penal |
ty Of forfeiture of his Office. to prosecute any |