The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1918-10-19

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file by such druggist and open to toe inspec-
ton Of ell state, county and municipal officers.
It shall be the duty Of such druggist to regis
ter in Q book kept for that purpose all pre-
scriptions from physicians mentioned In this
section, stating the name Of the party for
whom prescribed, the date of the prescription.
name of the physician by whom the prescrip..
ton is Issued, the quantity OF such ono and
the use for which prescribed, and such record
shall ut all times DO open to the same inspec.
tion as such prescriptions.
1t shall be lawful Tor y druggist to sell grain
alcohol for pharmaceutical, scientific and me.
chanical purposes, or wine tor
purposes BY religious bodies, only to any per-
son, not q minor, and who is not OF intemper-
ate habits, or addicted to the use of narcotic
drugs, who shall, at the time and place of such
sale, make an affidavit in writing signed by
himself before such druggist or q registered
pharmacist at the time and place in the EN-.
ploy of such druggist, stating the quantity and
the time and place and fully for what purpose
and BY whom such alcohol or wine is to be
used; that atiant is not of incorporate habits
or addicted to the use of any narcotic drug;
and thai such alcohol or wine is not to be used
as q beverage, or for any purpose other thar
that stated in SUCH affidavit. Such ahi 1avit
shall be filed and preserved by such druggist
and he subject to inspection at all times by
any state, county or municipal officer. and .
record thereof made by such druggist in the
record book mentioned in this section, SHOW
ing the date Of the affidavit, by whom made,
the quantity of such alcohol, or wine, and
when, where, for what purpose and by. whom
to be used. Only one sale shall be made upon
such affidavit. and only in the county where
the same is made, and no greater quantity
than is therein specified. For the purpose of
this act, any druggist or registered pharmacist
making such sale shall have authority to ad.
minister such oath.
If any druggist, owner of Q drug store, reg
istered pharmacist, clerk, or employee shall
upon such prescription or affidavit, or other,
wise, knowingly sell or give any such slconol
or wine to any person who ID OF upper
habits or addicted to the use of any narcotic
drug, or knowingly sell or give the same to
any one to be used for any puI pose other than
that named in said affidavit or prescription, or
who shall sell UT give away any liquors with
out such affidavit OF prescription, ne snail Dc
deemed guilty of q misdemeanor and punished
by hne OF not less than one hundred nor more
than one Thousand dollars and confined In the
county jail not less than thirty days nor more
than twelve months. ln any prosecution
against a druggist, owner of a drug store, reg.
istered pharmacist, clerk or employee, tor sell
ing or giving liquor contrary 10 law, II a sale
or gilt BIZ proven, 1T shall be presumed that
the same was unlawful IN the absence Of salts
factory proof to the contrary and the presenta-
tion of such prescription OF ahdavlt by the
defendant at the time Of the trial for such
sale or gilt, shall be su ticient to reDut the pre-
Sumption arising from the proof Ut such sale
or gift. ProvIued, the jury snail believe, from
all the evidence in the case, that such sale o.
gift was made IN good faith under the bellel
that such prescription or affidavit and state
ments therein were true; and, provided FUR
ther, that such drugglet, owner OF a drug store,
registere4 pharmacist, clerk or employee shall
have complied with all other provisions OF tnis
act relating to the sale or gift.
Al information, Indictment, OF criminal
complaint against any druggist, registered
pharmacist, clerk or employee for an otfense
committed under the provisions OF this section,
shall be sufficient, which shall charge IN sub
stance and effect, that the defendant, within
one year last past, in said county of..........
......, did %unlawtully sell, give, offer, expose,
keep, and store for sale and slit, liquors,
against the peace and dignity of the State OF
Nevada.
SEC. 3. If any person who is of, intemper-
ate habits OF addicted to the use of any mar.
cotlc drug shall make the affidavit mentioned
IL the preceding section, OF II any PERSON max
ius such affidavit shall use as a beverage, or
tor any purpose, OF at any place other than
that stated IN such affidavit, Or shall Knowing
ly permit another to do SO, said alcohol or
Wine, VI buS pdAS thCACOlS W oAo AL +
make any false statement III such affidavit,
he shall be guilty. OF a misdemeanOr AMI upon
conviction be punished by q tine OF not less
than one hundred nor more than one Thousand
dollars, and be confined in the county Jail not
less than two nor more than twelve months
for the nrst otfense hereunder; and for the Sec
ond oHense he shall be deemed guilty OF q
felony and punished by confinement in the
penit.ntlary not less than one nor more than
five years.
If any physician who is not IN good stand
ing in his profession or who is of Incorporate
habits, or who is addicted to the use OF any
narcotic drug, shall ISSUE any such r,scrip-
ton rs is mentioned III the last preceding Sec
ton; or if any physician shall issue such pre-
s~criplion without, at the time, making q per
sonal examination of the person tor whom the
liquor is prescribed, or shall prescribe for any
person who is in the habit OF drinking to in
toxlcation and whom he knows, or has reason
to believ is in the habit of drinkingt to intoxlca.
ton or shall give such prescription aud make
the staten ents therein required, or any part
thereof, falsely, he shall be deemed guilty OF q
mlsdemeanur and upon conviction thereof
shall be tined not less than one hundred nor
more than one thousand dollars and imprison-
ed in the county Jail not less than thirty
days nor more than twelve months, AMI in ad-
dition thereto, tor the first Otfense under this
statute, the court may, in its discretion, sus-
pend the license of sucn physician for a period
Of six months and for each offense thereafter
the court shall suspend such license for a per
iod OF six mynths.
SEC. 6 Every person who shall directly Or
indirectly keep or maintain by himself or by
associating with others, OF who shall i'll any
manner aid, assist OF abet in keeping or main.
tanning any club house, or other lace in which
any liquor is received or kept for the purpose
of use, gift, barter or sold as q beverage. or
for distribution or division among the mem
bers of any club or association by any means
whatsoever; and every person who shall Use.
barter. sell or give away. or assist or abet in
bartering, selling or giving away any liquors
30 received or kept, shall be deemed guilty of
a misdemeanor and upon conviction thereof be
punished by fine of not less than one hundred
nor more than one thousand dollars and by
imprisonment in the county jail not less tuar,
thirty days nor more than twelve months; and
in ali cases the members, shareholders or as
sociates in any club or association mentioned
in this section, shall be competent witness to
prove any violations of the provisions of this
section, or of this act, OF of any fact tending
thereto; and no person shall be excused from
testifying as to any ofense committed by
another against any of the provisions of this