The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1888-04-26

oath taken bs me- thefru!l endorsed and With
all the Ian relating 4 NJ ..aite- N t!r psst'i7
lses Eyer, permit .is.t.t hal Scrpa >tf.e.
account NJ all liquor is.rsaassi or pToeugsi
BY him III book ke;e' ~ That rurposc wi4ie.i
shall be- subject Il. Al t.sni> - Tie inspection
of the commissioners q pharmacy and tl}@
county attorney. art gfants Juror or peace eilI-
/ Ger OF the county. ala sasl. took shall show IF
whom such liquors were Purchased or prpeGf+
/ ed, the amount ard kind Of i.qnors
purchased or procured, the date u
/ receipt and amount sold ami
amount used in cumnoanaiag medicines. tine
/ lures and extracts. amount On hand ~ saFT
kind for each ineniA. sissii itaok shall ~ Tr.'-
/ duccd BY the party krrn4ag lie same. ~ b.
| used ~ evidence On tie tfia. III any uro-ecn-
| tion against him On against liquors alleged 10
/ have been seized fro.n him or his house, oil
notice duly served that tile sane vii! be r..
quired as evidence: and Ill the same time he
returns requests to the county auditor he shall
file a statement OF such account with such ai:-
i ditor except that the items OF sales need moi
| he embraced therein. but the aggregate
| amount Of each kind shall BE-. ard such state
/ ment shall be verified before the county audi
/ tor or u notary public. All forms necessary to
| carry ont the provisions Of this act, not other
wise provided for. shall be a. may be provided
/ by the commissioners of pharmacy.
Sec. 14.-Every permit holder or his clerk
under this act. shall be subject to all the pen
alties. forfciturcs and judgments and may b.
| criminal and civil. and whether at law or in
| equity provided for or authorized by the laws
how or hereafter in fore. for any violation Of
this act ans! the act fer tle suppression OF IN
| temperance and any laN regulating the sal.
| Of Intoxicating liquors. ant l,S any all ri
such proceedings applicable 10 complaint
| rgairst such permit. hu.ler: and the permit
| shall not shield ars person who abuses TIL
trust imposed By /, Or violates tin laws afoi 4
| said. and in case 81 conviction III any proceed
sion Of the permit holler shall by order Of the
| eolr. be destroyed.
On the trial Of any action or proceeding
against any person for manufacturing, selling.
| giving away or keeping with intent To sell in
iexeating liquors in violation OF law. or fos
any failure to comply with the conditions 81
duties imposed by this act, the requests for
liquors and returns made To the auditor ~
| herein required: thu general re.lte VI thc nc
eused ANA his place ii business and manner u
| conducting the same. the quantity and kinds ni
liquors sold or kept. purchased or disposed Of,
or from him aud for which they were used, the
character and habits Of applicants for liquor
and their general repate rs to habits Of soi,rets
| Or otherwise shall be- competent evidence. aid
may be considered So far rs applicable To TIL
| particular case with any other recognized, com
petent and material facts aud circumstance
bearing on the issues involved in determining
the ultimate facts In any suit, prosecution ol
proceeding for violations of this act or the act
Tor the suppression III intemperance and acts
amendatory thereof, the court may compel thu
production in evidence Of any books or papers
required BY this act To he kept, and may com
pei any permit holder. his clerk or any person
who has purchased liquors of either Of them I.
appear and give evidence, and the claim thai
any such testimony III evidence will tend Il
criminatc the person giving such evidence shat
not excuse such person I'll witness from testify
ing or producin. such books or papers In cy
| aenee: but siish oral evidence shall not I've USED
| against s;lch person ar witness a.l the trial u
any criminal proceeding against him. Any
number Of distinct violations III this act NAV III
| charged in one indictment III different count
and I'LL tried in the same action. the jury spcc
fying the counts, If any. on which the defend
ant Il found guilty.
See. 15.-Registered pharmacists conducting
pharmacies and not holding permits and man
ufacturers Of proprietary medicines are hereby
authorized to purchase OF permit holders IN
the counties Of their residence intoxica.in.
lliquors not including malt) for the purpose oi
compounding medicines, tincturcs and eN-
tracts that cannot be used as 4 beverage. Said
permit holders shall not charge such registered
pharmacists over ten per cent. net profit for
liquors SO sold, such purchasers shall keep 4
record Of uses to which the same are devoted,
giving the kind and quantity SO used, and on
or before the tenth day OF each calendar month
they shall make and file with the county aud
Il N
month. giving full and true statements OF the
quantity and kinds of such liquors purchase
and used, the uses to which the same have
been devoted, and giving the names Of the
permit holdc' of whom the same were pur-
chased and /. dates and quantities SO pur-
chased. together with an invoice Of the amount
Of each kind still In stock and kept for such
compromising. The commissioners Of phar-
macy are hereby empowered and directed IL
make further rules and regulations regardin.
in stock by such pharmacists at any one time
and such further rules and regulations with re-
| spcct to the purchase, use aud keeping Of sucl
liquors as they may deem proper for the pre-
vention Of abuses of the trust reposcd in such
purchasers and ii the said registered pharml
cst sell, barter, give away. exchange or in any
manner dispose Of said liquors, or use the
same for any purposcothcr Than authorized In
this section, he shall upon conviction before
any district court thereof forfeit his certificate
| Of registration; and be liable to all the penal
ties. prosecutions and proceedings at law or In
equity provided against persons selling with
out u permit, and upon any such conviction
the clerk Of the district court shall within ter
days after said judgment or order transmit I,
the commissioners Of pharmacy the certified
record thereof, upon receipt Of which the com
mission shall strike his name from the list q!
pharmacists and cancel his certificate, provid
ed that nothing herein contained shall be con
strued to authorize the manufacture or sale ol
| any preparation or compound under any name
form or device which may be used as bever
| age and which Is intoxicating in its character
Sec 16.-A permit holder may employ no,
more than two registered pharmacists a.
clerks to sell Intoxicating liquors in conforni
ty to the permit and provisions of this act
but In such case the acts OF his clerks in con
Quoting the business shall be deemed the act.
OF the permit holder who shall be liable there
for rs II he had personally done the acts and Ii
making rctur is the yeriiication Of such re
quests as ma have been received attcsted ant
, filled by o clerk must be made and the clerl
! permit must join III the general oath require,
|. Of the employer SO far as relates TO his owl
connection Herewith.
, II for any cause registered pharmacist VIII,
! holds permit shall cease To hold Il valid an,
+ subsisting certificate Of registration or renew
nj thereof his permit shall thereby be forfeite,
, and be null and void.
Sec. l7.-Any person holding permit Il
,, force when this act takes effect, may continu
to purchase, keep and sell Intoxicating liquor
, according to the laws under which his permi
. was given until such time permit can b
: obtained under the provisions OF this act, bu
all such permits shall expire on the first day .
. October, 1855.
, Sec lS.--lf any person shall be convicted o
violating any Of the provisions of this act o
of the acts regulating the practice OF pharma
, | cy, or any acts for the suppression OF intcnl
{ pcranee or amendments thereto by reason of
prosecution by the commissioners Of pharlna
! cy all fines SO imposed and collected shall b
. paid into the county treasury Of tn
proper county for the use If the schoa
/ fund, and the commissioners or phar,nac
- Il.