The Eureka sentinel. [volume] (Eureka, Nev.) 1902-current, 1918-10-05

-, "o GNU preserved Dy such druggist
and be snbject to inspection at all times bv
any state, county or municipal officer. and 3
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, or what purpose and by whom
t. 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
tnls act, any druggist or registered pharu acist
making such sale shall have authority to ad.
minister such oath
Ii any druggist, owner of drug store, reg
lstered pharmacist, clerk, or employee shall
upon such prescription or affidavit, or other.
wise, knowingly sell or give any such alcohol
or wine to any person who is of Incorporate
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 purpose other than
that named in said affidavit or prescription. or
who shall sell or give away any LIQUORS with.
out such affidavit or prescription, he shall be
deemed guilty of a 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. In any prosecution
against druggit owner of drug store, reg
istered pharmacist, clerk or employee, for Sc l.
ing or giving liquor contrary to law, if aale
or gift be proven. it 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 or affidavit by the
defendant at the time of the trial for such
sale or gift, shall be sufficient to rebut the pre-
sumption arising from the proof of such sale
or gift. Provided, the jury stall 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 state
ments therein were true; and, provided fur
registered 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
complaint against any druggist register ed
pharmacist, clerk or employee for an offense
committed under the provisions of thissectlon
shall be sufficient, which shall charge in sub
stance and effect, that the defendant, within
one year last past, in said county Of. .......
......, did unlawfully sell, give, offer, expose,
keep, and store for sale and sitt, liquors,
against th- peace and dignity of the State of
Nevada.
SEC. D. Ii any person who is of, intemper
ate habits or addicted to the use Of any mar
cotlc drug shall make the affidavit mentioned
III the preceding section, VI 1t any person max
ing such affidavit shall use as a beverage, or
tor any purpose, or at any place other than
that stated IN such affidavit, or shall knowing
ly permit another to do SO, said alcohol or
WINE, any part thereof ur shall knowingly
make any false statement in such affidavit,
he snail be guilty of a misdeme amor anu upon
conviction be punished by fine of not less
than one hundred nor more than one Thousand
dollars, and be confined III the county jail not
less than two nor more than twelve months
fer the first otfense hereunder; and for the Sec
ond oitense he shall be deemed guilty of a
felony and punished by confinement in the
penit ntiary 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
narcoUic drug, shall ISSUE any such pr, scrip
tion rs is mentioned in the last preceding Sec
-tion; or if any physician shall issue such pre-
scription without, at the time, making pei
sonaI 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 believe is in the habit of drinking to intoxica.
tion or shall give such prescription and make
the statements therein required, or any part
thereof, falsely, he shall he deemed guilty OF a
uisdemeanor and upon conviction thereof
shall be fined 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, and in adj
dition thereto for the first otfense under this
statute, the cuurv may, in its discretion, sus-
pend the license OF such physician tor period
of six months and for each otfense thereafter
the court shall suspend such license for per-
rod OF six mynths
SEC. 6 Every person who shall directly or
indirectly keep or maintain by himself or by
associating with others, or who shall Ill any
manner aid, assist or 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 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 aoet IN
bartering, selling or giving away any liquors
so received or kept, shall be deemed guilty OF
misdemeanor and upon conviction Thereon be
punished by fine of not less than one hundreo
nor more than one thousand dollars and by
Imprisonment in the county JAIL not less t an
thirty days nor more than twelve months; and
in all cases the members, shareholders or as,
sociates in any club or association mentioned
in this ction, snail be competent witness 10
prove sny violations of the provisions OF TINS
section. or of this act, or of any fact tending
thereto; and no person shall be excused from
testifying as to any ohense committed by
another against any of the provisions or TINS
act by reason of his testimony tending TO
criminate himsalf, but the testimony given oy
such person shall in no cae be used against
him.
SEc. T. It shall be unlawful for any person 10
heep or have for personal use or "thtrwse' or "
use or pernt another to have, keep or use, ln'oHi
eating LIQUORS at any restaurant store, once ouiu
Inc cIub place where soft drinks are soldle1cept
a drug store may have and sell alcohol and wine
as nroy.ded by sections four and twenty'1ourl
fruit. stand, news stand, room or place where
bwliDg alleys, bi lard or pool tables sie main
taned livery stables, public building. PARK, ROAD
street or alley. 1t shall be unlawful for any per
son TO q We or furnish to another Intoxicating ny
uors. Any one violating this section snail oe
vuilty of q misdemeanor, and up conVio,Iol
thereof shall be fined not less than one hunarea
dcIIsrs nor more than one thousand dollars, ana
he imprisoned in the county Jail not less tnsn TWO
nor more tn an twelve months; provided, that no
common carrier for hire, n any other person,
for hire or without hire, shall brink or carry i,o
this state or carry from one ace to another Will
in the ate Intoxicating liquors for snother, even
when intended for personal use; except con hoii
carrier may, for hire, carry pure grain anu
wine and such preparations as may pc sou oy
druggists for the special purposes and In the man
ner a. set fourth n sections four ana twehty-Iour
and. provided, further, however. that IN case y,
search and seizure, the finding OF any iQnors snaiI
he prims facie evidence that the same are oe'hs