The DeSmet leader. (DeSmet, Kingsbury Co., Dakota [S.D.]) 1883-1891, 1890-03-15
Date. ..,
state OF South Dakota, s

Na.n.........
Date. ......,,..,........
state Of South Dakota,
I. the undersigned do soemny swear that
my real name Is. that reside
at county. state eoF....,.........;;
re1uirod by imiyscif to be used for,
purposes. to be nsed for that ~
10 not intended for beverage, nor to sell nor
TO give away, exoopt for Sacramental purposes
and that l am over 81 years OF age
| therefor make application to .,........ .......
..................'.,.. druggist. for said liquor
Subscribed in INV presence and sworn to be-
fore me this. day of.......,.. ......,....,.,
...........' ......,....... Pharmacist
Aud there shall be but one sale and one de-
livery on anY one affidavit, but no druggist
shall permit the drinking on his premises nor
in any apartment connected therein, aud un-
der hiH control, any Of the Intoxicating liquors
purchased by atfidavit or otherwise:
Provided, such druggists shah be permitted to
sell any OF the liquors mentionei herein, In
quantities not less thah one gallon o any other
druggist within the state holding n permit
provided in this act. The affidavits provided
for In his section shall be made before the
pharmaotst or assistant pharmacist making
blanks, which 1t is hereby made the duty Of
the county auditor OF the county in which
such sales are made TO furnish such drug
GIst at q cost equal TO the actual necessary
outlay made by him. such blanks shall be In
series Of one hundred each numbered from ono
To one hundred, consecutivey, and bound in
bOuk form. each series being of uniform style
throughout, except that no two blanks OF the
same series shall be OF the same number 1t
shall be the duty OF the county auditor TO en-
dol re each such book with the date Of delivery
and TO whom made. TO sign such endorse
ment, and attest the same with his on cial SEAL
aud to keep two eNacS printed copies,
of each series. one Of which shall be
hled in his ONCE and one in the office Of
the county judge: he shall also keep a record
Of tho series. and OF the number Of the series.
of such blanks furnished to each druggist, and
shall, within ten daVs after the same are deliv-
cred TO such druggist, hle conv thereof, to-
gFthor with a copy of the blank afidavius, in
the office of the county tndVc OF his county All
phAi Aimacists and assistant pharmacists are
hereby empowered TO administer oaths for the
purposes OF this act, and no such affidavit shall
be received by any pharmacist until it shows
on its face that IL has been properly subscribed
and sworn to by the applicant The sthdRvits
| the druggist in the original book form. and on
| the first day Of each month, or within ten days
| thereafter. shall, together with the affidavit OF
| such druxRist that the liquors herein mention
| ed are all the Intoxicating liquors sold by him
during the preceding month, except the liquor
sold to other druggists, to he filed in the utfce
Of the county Judge who issued his permit,
| where they shall be safely kept for tho nertod
/ Of two wears from the date ot the filing Before
said affldavIts shall be received or filed by said
| county judge, he shall make aLric, examiu alton
| Of the copies Of hffidAvtts and record Of num-
bers thereof furnished him by the county audi
| tor and ascertain whether such dTugg st has
| returned all affldavits furnished him In blank
by the county auditor; ard II any Euch affidavit
| OF blank IL missing, said county Judge shall re-
| auire such druggist to tile instead thereof his
| afidRvit showing IA near as he can what has
| become OF such afiidavit or blank. Aud any
person having q permit TO sell Intoxicating
| liquors under the provisions Of this act
shall each month at the time he files the affi-
dayit herein provided for. also file with the
county iRdge an affidavit setting forth the
| amounts aud kinds OF lquors M nearly RS can
| be done, which euch person or firm u which he
/ IL a member, has on hand on the day such aiii
| davit In made, as we'll as the amounts and kinds
| OF liquors he has purchased or procured during
| the preceding month and the name or names
| Of the persons, companies or corToTations and
| the- place of doing business. from whom, and
| the dates on which such liquors were pur-
chased or procured, Every person, whose atfi-
I dRvit 30 made for the purpose OF obtaining in
toxicatin1 liquors sha be false In any material
+, matter, shalt be deemed guilty nt perjury aud
| shall be punished by confinement aud hard
labor in the states prison Tor n period noe ex-
| ceeding two years. or by confinement In the
| county Jail not loss than six months Any per-
! son who shall suhscitbe any name or charact or
OF her than his own name TO any Hffidavit for
the purpose ~ obtaining intoxicating lluuors
| as provided herein, or any person who shall sell
or furnish any Intoxicating liquors so obtained
by him upon affidavit or certificate to othcrs as
| beverage or shall use tho same a. a beverage
shall be det ned guilty of n mlsdemeano and
| upon conyl rttn thereof shall 10 punished by q
/ I.Ne OF uOt ltHH tIau TlOU nor moro tnAu fOOt
aud hy inpriSonment In the county jail
| not less than thirty days nor more than
ninety DAYS. Every such druggist shall
keep book wherein shall be recorded
daily. all sales OF Intoxicating liquors made by
him or his employees, showing the name and
residonce of the purchaser the kind and quSn.
tity Of tho liquor sold. the purpose for which II
was sold, and the date Of the sale. Such record
and afiidavit stall be open for the inspection OF
the public at all reasonable times during bus,'
ness hours, and Anv Derson 50 desiring NAV
take memoranda o. copies thereof
Sec. D. Any druggist or DhRrmaC.sL, or as.
sistant pbarmacist in bis employ. who shall
fail or neglect TO make aud keep q record as
herein provided, 81 any intoxicating LIQUORS by
him sold before tho same are delivered, or shall
refuse any person an examInatlon of snct
therefr0m at any time daring business hours,
or shall sell, bartor give away any such Ii.
anors at any place not desiguated IN hi'
those hercin provided; or shall make
any false affidavit TO any sales made
by him or his empIoycs. or shsIl fail TO sIVr
for such liquor, prior TO the delivery thereof
or shail sign any false certificate TO any sueI
afdaylt, or shall mutIlate or remove any afiida'
Wits from the book to him issued aforesaid: OF
shall fail to return the same as hereiubeTOrs
provided: or shall cell any Intoxicating liquor
70 any person whom he has reason to believe
desires the same 70 use as a beverage; on sell
liquor when he has reason TO believe the liauoi
sold is not remedy for the ailnenC described
IN the affidavit therefor: or shall SELL barter ol
or, any person under the influence OF LIQUOR OF
who In In the habit OF becoming intoxicated, oI
who shall allow such liquor sold ~ a medicius
or otherwise, to be drunk on bis premises, oI
premises under his control; or In any manneI
omit any act required OF him herein, or Violate
any OF the provisions Of this act, shall DO guilty
OF q misdemeanor, and upon conviction thereGi
shall be fined not loss than 81 90 nor more than
$500. and be Imprisoned In the county jail not
less sixty days nor moro than sixsmonths aud
shall forfeit his permit issued under the proyis.
ions OF this aot, and his right to obtain permi,
within ave years next thereafter; and in al
90 ses.when f0rfeitures are provided under ths
provisions Of this act; the court shall declars
the same In rendering Judgment In this action
Sec. 8. All spirttuous. malt yinous, foFment-
cd or other Intoxicating liquors or mixtures
thereof. by whatever name called, that vii
produce intoxtcation shall be considered
aud hei 70 be Intoxicating liquors within the
meaning OF this act; provided that registered
pharmacists shall have the right 10 keep and
sell such medical mixtures reooauized hy ths
United States pharmRcop0plA as OF medica
utility for strictly medical purposes, aud, pro.
vided. further, that II snch pnarhacist. shall
soil or Eiyg awAy Hurt uliKLureA for ether thar
medicinal purposes they shall be liable 20 th,
penalties IN section ~ tI,L4 Rft ls,f 4lle kInlpw
I fni sale u intQx.enEiN| II. ". ~ ~.