The Plymouth tribune. (Plymouth, Ind.) 1901-1911, 1907-02-21


for sale barter or given away excep,
by licensed physician druggist !.
pharmacist being licensed as such b,
the state board of pharmacy or when
the same is kept IN bona hde pri-
vate residence and for family use
only
Sec. 10. 1t shall be unlawful for any
railroad or any common carrier or
agent thereof or any drayman or 9TH
er person or persons corporation or
flrm, to ship, receive, transport, carry
or handle Intoxicating liquor or liqu-
ors under false or fictitious names or
titles within the state and the CARR
age, transportation, possession, le-
moval, delivery or acceptance, with
knowledge thereof, of suck liquors
under false or fictitious names or
titles shall work the forfeiture of such
liquor or liquors Any one violating
any of the provisions of this section.
upon conviction of the same shall be
fined not less than fifty (s50) dollars
nor more than one hundred ($100)
dollars.
Sec Ii. All shipments of intoxicat-
ing liquors to be paid for on delivery.
commonly called &C. o. D." ship
ments, at any county, city or town,
shall be deemed sales of such liquors
at the place where the money is paid
or the goods delivered The books
and way-bills used in handling such
liquors may be examined by the sher-
if or other peace officer at any time
to trace such liquors to shipper or
receiver.
Sec IL. 1t shall be unlawful for any
druggist or pharmacist, who has been
convicted of selling Intoxicating liqu-
ors as a beverage in violation of the
laws of this state. thereafter to sell
Intoxicating liquors for any purpose,
personally or by agent, for two years
from the time of such conviction, and
upon a second conviction of selling
Intoxicating liquors in violation of the
laws of this state, any such druggist
or pharmacist shall have his license
as registered pharmacist or regis
tered assistant pharmacist revoked,
and the judge or court convicting
such druggist shall so order and send
copy of such order to the secretary
of the state board of pharmacy, upon
the receipt of which such license
shall be revoked.
Sec. 13. 1t shall be unlawful sor
any druggist or pharmacist to sell,
barter or give away intoxicating liQu-
or or liquors except on the written
prescription of a reputable physician
engaged in active practice of his pro-
fession. Any physician issuing such
prescription shall date the same,
and show thereon the full and true
name of the person to whom it is is
sued, and said physician shall sign
the same, giving his full name and
residence; the druggist or pharmacist
selling such liquor or liquors thereon
shall write on said prescription the
date of such sale, the full and true
name of the person to whom such
sale is made and shall carefully file
and preserve such prescription for
two years from such date; such pre-
scription shall be Cancelled by writ
ing or stamping on it the word can
celed," and no second or other sub
sequent sale shall be made on said
prescription. Any person violst!ng
any of the provisions of this section
shall upon the first conviction be nm
ed in any sum not less than fifty ($5ol
dollars nor more than two hundred
$4,000 dollars, and for the second or
any subsequent offense such person
shall be fined in any sum not less
than one hundred (s1oo) dollars nor
more than FIVE hundred ($5oo) dol
lars, to which shall be added imprfs-
onment in the county jail of not less
than thirty days nor more than SIX
months
Sec. IA. Upon final judgment OF
the court on the affidavit or COM
plant provided for in section Of
this act. If il is found that said hqu-
ors were kept for unlawful sale OF the
same, then such magistrate or Judge
shall order the sheriff to destroy said
LIQUORS with the vessels in which they
are contained and all the furniture
and implements used for such sale,
but if it be found that said liquors
were not kept for unlawful sale, then
such liquors shall be returned to their
lawful owner. Upon return show
ing that said liquors have been de-
stroyed, together with the vessels
and furniture, such magistrate or
Judge shall allow the officer making
the seizure and keeping such liquors
a reasonable compensation, not to
exceed ten ($10) dollars. which
amount shall be taxed and collected
as costs in the case.
All laws and parts of laws in con-
flict herewith are hereby repealed
An emergency existing, this. act
shall be in full force and effect from
and after its passage