The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-01-29


order: The name OF the physician. the
name or the person prescribed for, thu
quantity Of alcohol. pure vhiskey o.
pure brandy and the use for which
prescribed, and shall endorse on the
prescription or af7idavit the date upon
which the prescription was filled, and
the name of the druggist or firm fili.
ing said prescription, or making said
sale, and such beck, shall at all times
be open for the same inspection a.
the prescriptions.
Sales by Drugg1sts.
Sec. 8, 1t shall be lawful for drug
gssts to sell pure grain or fruit alcohol
for scientific, pharmaceutical and me-
chanical purposes. or wine Tor sacra-
mental purposes for use BY religious
bodies. only to a person not Q minor,
nor OF incorporate habits and not al
itcted 10 the use of any narcotic drugs,
who shall at the time and place OF sale
make an affidavit In writing signed by
himself before such druggist, or q
registered pharmacist then In the en-
ploy Of such druggist. or before any
person authorized by law to admins
ter oaths, stating the quantity. when,
where and fully for what purpose ana
by whom such alcohol OF wine Is to
be used and that the applicant is not
a minor nor of incorporate habits ana
not addicted to the use OF any mar
cotic drugs. Such affidavit shall be
filed and preserved by the druggist
selling the alcohol and wine and De
subject to the inspection at all times
by any state, county, town or munlcip-
al officer. their deputies or inspectors
and a record thereof made by such
druggist In the record book for pre-
scriptions and affldavits herein men
toned, showing date of affidavit, by
whom made. the quantity OF such aico-
hoi. or wine, and when, where TOT
what purpose and by whom 10 De
used. Only one sale shall be MADE
upon such afidavit and that In the
county or city where the affidavit liz
made, and for no greater quantity
than is herein specified. The person
offering said prescription TO Dc nilea'
or making said affidavit shall ceru-
fly to the correctness OF the record In
said record book by recording MS SIG
nature opposite said record OF said
nrescription or affidavit. For the pur-
pose of this act. any registered drug
gist or pharmacist making such sale
shall have authority TO admfnister the
oaths required by this section.
II any druggist, owner OF . drug
store, registered pharmacist, clerk, or
ernploye shall. upon such prescription
or AFFIDAVIT or otherwise knowingly.
sell or give away such alcohol, pure
whiskey. pure brandy or wine to any
one to be used for any purpose other
than that named In said prescription
or AFFIDAVIT (provided. that no whiskeY
or brandy shall be sold except upon
prescription), or shall sell or give
away any ardent spirits without sucn
prescription or affidavit, he shall DO
deemed guilty of misdemeanor and
In addition to the penalty thereto
prescribed for misdemeanor by this
act, the license of such druggist to
sell ardent spirits shall be revoked by
the court for O. period OF one year.
and all ardent spirits In possession OF
said druggist. or In the said drug store,
or on the premises connected there
with, shall be destroyed by order OF
the court: for second or q subse-
ousnt- offense. In addition to the PEN
atty prescribed for q misdemeanor by
this -,acts the license of the said drug
gists4o practice pharmacy shall be re-
voksd forthwith. and all ardent spirits
In the possession. OF said druggist or
in the said drug store. or on the prem
ises connected Herewith, shall forth
with be destroyed by order OF tins
L,
certify the fact of the revocation OF
said license to the authority granting
such license, which order OF reyocs-
ton shall forthwith be made matter
OF record by said authority, and shall
act as . bar to the granting OF license
to said druggist in the future
Prosecution of Druggists.
Sec. 10. In any prosecution against
a druggist, owner of drug store,
registered pharmacist. clerk or en-
ploye for selling or giving ardent
spirits contrary to law. X sale or
gift be proven. II shall be presumed
to be unlawful in the absence of salts
factory proof to the contrary, but the
presentation OF such prescription or
affidavit by the defendant on trial
shall be sufficient, to rebat the pre-
sumption arising from the proof ~
such sale or gift; provided the jury
shall believe from all the evidence in
the case that such sale or gift was
made In good faith under the belief
that such prescription or AFFIDAVIT and
the statements therein were true; and.
provided further, that such druggist,
owner of drug store, registered phar-
macist. clerk or employee shall have
complied with all other provisions Of
this act relating to the sale or gift
Sec. II. While any good and suf-
ficient Indictment may be used an in
dictment against any druggist. owner
of drug store, registered pharmacist,
clerk, or employee, for any ofrense COM
mitted under the provisions of this
act relating to druggists. shall be suf-
ficient, IL In the form and effect fol-
lowing:
Commonwealth of Virginia,
County OF. .:.... to-wit;
In the circuit court OF said county.
The grand Jurors In and for the
body of said county Of.
upon their oaths, do present that
.............w within one year next
prior to the finding OF this indict-
ment In the said county of. .......
did unlawfully sell, give away, Of
fer, dispense. expose, keep and store
for sale and gift. ardent spirits
against the peace and dignity of the
Commonwealth OF Virginia
And II II be a second offense. It
shall be SO stated in the Indictment
returned. and the prosecuting attor-
ney shall introduce the record eT-
dence before the trial court of said
former conviction. and shall not be
permitted to use his discretion in
charging said second offense, or. In
introducing evidence or proving the
same on the trial: provided the de-
PENDANT shall not take advantage OF
tho nxs,fsatav 81 ~, ~ t,oHIr<