The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-04-10

change the label upon any box, bottle.
or package, he or they shall be guilty of
misdemeanor, and be fined in sum of
not less than $500 or imprisonment for
not less than six months.
Breach of Trust to Misappropriate
Money.
If any county dispenser shall misappro-
pirate, misuse or otherwise wrongfully
dispose of any moneys or other property
belonging to the State, county or mu-
nicipality, he shall, upon conviction. be
punished as in case of breach of trust
with fraudulent intent.
Dispensers Violating the Law Liable to
Damages. Duty of Solicitor to Bring
Action.
Section IA. That any county dispenser
who, in violation of his oath of office.
sells or furnishes intoxicating liquors to
any minor, intoxicated person, or person
who is in the habit of becoming intoxi-
Gated, or fails to make full and accurate
returns as required by law, showing the
true signature to every request for liquor
by him received and granted, or sells
liquor to any person without first requir-
ing the written requests therefor to be
filled out and signed, as provided by law
or the regulations of the State Board of
Control, that on such information given
by any person with sufficient evidence,
it shall be the duty of the solicitor to
for $500 damages on the bond of the said
county dispenser against the principal
and sureties of said bond for each of
such violations, for which said principal
and sureties shall be liable jointly and
severally, together with all costs and
judgments pertaining to the suit. And
on the Judgment given against him, the
said county dispenser shall be immedi-
ately deprived of his Office as dispenser.
and his principal and sureties aforesaid
shall remain further liable, jointly and
severally, to the extent of their bond, to
all civil damages, costs and judgments
which may be obtained against the prin-
cipal in any civil action brought by wife,
child, parent. guardian, employee or 9TH
er person. under the provisions of the
law:
Penalty for Making Fraudulent Repre-
sensations to Obtain Liquor
Provided, That If the said county dis
penser can show to the satisfaction of
jury by way of defence that the said in
toxicating liquor was obtained from him
by the infant, intoxicated person or per-
sons in the habit of becoming intoxicat-
ed, by fraudulent and deceitful represen-
tations, the person making such sraudu-
lent and deceitful representation shall be
guilty of a misdemeanor, and be fined
in sum of not less than 5000, or impris-
onment for not less than six months
Dispensers Alone May Sell.
Sec. Is. No person, firm, association
or corporation shall manufacture for
sale. or keep for sale, exchange, barter.
or dispense any liquors containing alco-
hol for any purpose whatsoever, other
wise than is provided in this Act. Any
person., firm, association or corporation
desiring or intending to manufacture or
distill any liquors containing alcohol
within this State, shall first obtain from
the State Board of Control a permit or
license so to do.
Permit to Distillers.
In the case of distillers such permit or
license shall not be granted or renewed
except upon petition signed In person by
a majority of the resident freeholders
in the city, town or township in which it
is proposed to locate distillery. And it
shall be unlawful for any such person,
firm, association or corporation to man.
ufacture or distill any liquors contain
ing alcohol within this State without
having such permit or license. Any vio-
lations of the terms of the permit or Ii
cense shall authorize and warrant the
seizure of the product on hand at any
distillery or place where liquors con-
tanning alcohol are manufactured: Pro-
vided, The United States has no lien or
claim upon the same. And in the appli-
cation for a permit or license to manu-
liquors alCOnOl, the
applicant shall give the State full power,
upon any violation of this Act, to seize
and take possession of any product on
hand at the distillery or place were SUCH
applicant shall manufacture such liquors
and shall authorize the State to pay the
United States Government the tax upon
the same if unpaid, and to dispose there
of, as provided herein for contraband
goods.
Liquor Shipped Out or State to Have
Certificate Attached.
Every package, barrel or bottle of such
liquor shipped beyond the limits of This
State shall have thereon the certificate
of the State Board of Control allowing
same, otherwise it shall be liable to con-
fiscation, and the railroad carrying it
shall be punished as in section 3:
Right to Make Wine for Use.
And provided, That any person shall
have the right to make wine for his or
her own use from grapes or other fruits.
! The inspector appointed by the State
Board of Control, as herein provided.
shall have the right to enter and exam
| inc, at any and all times not forbidden
by the United States laws, any distillery.
| brewery, or place where liquors contain
ing alcohol is manufactured within this
State. Any manufacturer, distiller or
brewer, who may refuse to allow the
inspector or constable to enter and ex-
anime his place of business and its az
purtenances at such times as the IN
spector or constable may deem proper.
shall forfeit his permit or license.
Account Book of Dispenser.
! Sec. 16. Every dispenser shall keep a
strict account OF all liquors received by
him from the State Commissioner, in a
book kept for that purpose, which shall
| be subject at all times to the inspection
of the Circuit Solicitor, any peace Off
Ger or grand juror of the county, or Of
any other citizen, and such book shall
show the amount and kind of liquors
procured the date of receipt and amount
sold, and the amount on hand, of each
kind for each month. Such book shall
be produced by the party keeping the
same, to be used as evidence on trial of
any prosecution against him, on notice
duly served that me same viii be re-
quired as evidence.
Go be ContInued.)