Yerington times. [volume] (Yerington, Nev.) 1907-1932, 1918-10-26


wine IS not to be used as beverage, or for
any other purpose other than that stated in
such affidavit. Such affidavit shall be filed
and preserved by such druggist and be SUBJ
ject to inspection at all times by any state,
county. or municipal officer, and record
thereof be 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
purpose Of this act, any druggist or reg
istered pharmacist making such sale shall
have authority to administer such oath.
II any druggist, owner Of a drug store,
registered pharmacist, clerk, employee shall
upon such prescription or affidavit, or 9TH
erwise knowingly sell or give any such al.
cohoi or wine to any person who is Of in.
temperate habits or addicted to the use of
any narcotic drug, or knowingly sell or give
the same to be used for any purpose other
scription, or who shall sell or give away any
liquors without such affidavit or prescrpt.
ion. he shall be deemed puiltv Of misde.
meanor and punished by fine OF not less than
one hundred nor more than one thousand dol
lars and confined in the county Jail not less
than thirty days nor more than twelve months
In any prosecution against druggist, owner
OF drug store, registered pharmacist, clerk
or employee, for selling or giving liquor con-
trarv to law, if sale or gift be proven, it
shall be presumed that the same was unlawful
IN the absence of satisfactory proof to the
contrary and the presentation of such pre-
scription or affidavit by the defendant at the
time of the trial for such sale or gift, shall
be sufficient to rebut the presumption arts.
ing from the proof of 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
affr a,ytt 49,
therein were true and provided further that
such druggist, owner OF drug store, reg.
istered pharmacist, clerk or employee shall
have complied with all other provisions of
this act relating to the sale or gift
An information, Indictment or criminal com.
plant against any druggist, registered phar-
macist, clerk or employee for an offense com
mitted 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, i'll said county Of .......
........ ........... did unlawfuy SELL
give, offer, expose. keep, and store for sale
and gift, liquors, against the peace and dig
nifty OF the State OF Nevada
Sec. 5. II any person who is of intern
perate habits or addicted to the use OF any
narcotic drug shall make the affidavit men
toned IN the preceding section or If any
person making such affidavit shall use as a
beverage, or for any purpose, or at any place
other thai that stated in such affidavit or
shall knowingly permit another to do so, said
aicohol or wine, or any part thereof, or shall
knowingly make any false statement in such
affidavit, he shall be guilty OF misdemeanor
and upon conviction be punished by fine 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 first offense here
under. and for the second ofIense he shall
be deemed guilty OF felony and punished
by confinement in the penitcntiary not less
than one nor more than FIVE years.
Ard ~ nh e.r.,.
standing in his profession or who is OF in
temperate habits, or who is addicted to the
use OF any narcotic drug, shall issue any
such prescription as is mentioned in the last
preceding section: If any physician shall
issue such prescription without, at the time
making a personal examination Of the person
for whom the liquor is prescribed. or shall
prescribe Tor any person who IS in he habit
OF drinking to intoxication and whom he
knows, or has reason to believe is in the
habit Of drinking to intoxicatio1 shall
give such prescription and make the state
ments therein required. any part thereof.
falsely, he shall be deemed guilty OF a mis-
demeanor and upon conviction thereof shall
be fined not less than one hundred nor more
than one thousand dollar and imprisoned in
the county jail not LESS tdan thirty days nor
more than twelve months, and in addition
thereto, for the first offense under this stat
ute, the court may. in its discretion. suspend
the license OF such physician for period of
six months and for each oiicnse thereafter
the court shall suspend such license for a
period of six months.
Sec. 6. Every person who shall directly
indirectly keep maintain by himself or
by associating with others. or who shall in
an" manner aid. assist abet in keeping or
maintaining any club house. or other place
in which any liquor i received kept for
the purpose Of use, gift, barter or sold as
beverage. or for distribution or division a
mong the members Of any club or association
by any means whatsoever; and every person
who shall use. barter, sell give away, or
assist or abet in bartcring, selling or giving
away any liquors received or kept, shall
be deemed guilty of a misdemeanor and
upon conviction thereof be punished by fine
Of not less than one hundred dollars nor
more than one thousand dollars and by i'm
prisonment in the county iail not less than
thirty days nor more than twelve months .
and IN all cases the members, shareholders or
associates IN any club or association men
toned in this section. shall be competent wit
nesses TO prove any violations OF the provis
ions Of this section, Of this act of any
fact tending thereto; and no person shall be
excused from testiiyiug as to any oitense COM
mltted by another against any OF the pro
visions OF this act by reason OF his testi-
mony tending to eliminate himself, but the
testimony given by such person shall in no
case be used against him
Sec. T. II shall be unlawful for any per
son to keen or have for personal use 9th.
erwse, or to use, or permit another to have,
keep or use, Intoxicating liquors AZ any res
taurant, store, office. building. club, place
where soft drinks are sold Except a drug
store may have and sell alcohol and wine as
provided by sections four and twenty-four),
fruitstand, wsstand room, place where
bowling alleys billiard or pool tables are
maintained, livery stable public building,
park, road street or alley II shall be unlaw-
full for any person TO give or TO furnish to
another Intoxicating liquors Any one vio-
lating this section shall be guilty OF a INSIDE
meanor, and upon conviction thereof shall
be fined not less than one hundred dollars,
nor more than one thousand dollars, and
be imprisoned in the county jail not less
than two nor more than twelve months
provided: that no common carrier, Tor hire,
nor any other person, for hire or without
hire shall bring or carry into this state, or
carry from one place to another within the
state Intoxicating LIQUORS for another, even
when intended for personal use; except com
mon carrier may, for hire. carry pure grain
alcohol and wine and such preparations as
may be sold by druggists for the special
purposes and in the manner as set forth in
sections four and twenty four; and, provided,
further, however, that in case of search and
seizure, the finding OF any liquors shall be
prima facie evidence that the same are be