Yerington times. [volume] (Yerington, Nev.) 1907-1932, 1918-10-12

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 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 reg
| istered pharmacist making such sale shall
have authority to administer such oath.
| Ii any druggist, owner of drug store
| registered pharmacist, clerk. or employee shall
| upon such prescription affidavit or 9th.
| erwise knowingly sell give any such al.
| cohol wine to any person who is OF in.
| temperate habits addicted to the use OF
| any narcotic drug, or knowingly sell or give
| the to be used for any purpose other
| than that named in said affidavit or pre-
| scrption, who shall sell or give away any
| liquors without such affidavit or prescript.
| ion. he shall be deemed guilty 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 a druggist owner
| OF drug store, registered pharmacist, clerk
| or employee, for selling giving liquor con.
| trar~ to law, il sale or gift be proven, il
shall be presumed that the same was unlawful
| in the absence of satisfactory proof to the
| contrary and the presentation of such pre-
| scrlption 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 gift.
| Provided, the jury shall believe, from all the
evidence in the case, that such sale gift
| was made in good faith under the belief that
| such prescription affidavit and statements
| therein were true; and provided further, that
| such druggist, owner of a drug store, reg
| istered pharmacist, clerk or employee shall
/ have complied with all other provisions OF
1fc sfstaf tim, IL, 1u1.. III.
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, in said county OF .........
........ ............ did unlawfully 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 if any
person making such affidavit shall use as
| beverage, or for any purpose, or at any place
other thai that stated in such affidavit,
| shall knowingly permit another to do 50, said
alcohol or wine, any part thereof, shall
knowingly make any false statement in such
! affidavit, he shall be guilty Of a misdemeanoF
| and upon conviction be punished bv a fine OF
not less than one hundred nor more than
/ one thousand uOiiaTS ana be COnnned III
| the county jail not less than two nor more
| than twelve months for the first otTense here
| under; and for the second oflense he shall
| be deeised guilty Of felony and punished
| by confinement in the penitentiary not less
| than one nor more than five years.
| And il any physiran who IS not in good
! standing in his profession who Is OF in
| temperate habits, or who is addicted To the
use Of any narcotic drug shall issue any
such prescription is mentioned in the last
| preceding section; or II any physician shall
| issue such prescription without. at the time,
making personal examination oi the person
! for whom the liquor IS prescribed, or shall
prescribe Tor any person who IS IN he habit
| Of drinking to iutoxication and whom he
| knows, OF has reason to believe As IN the
! habit % drinking to iutoEic3tlo1 or shall
/ give such prescription and make the state
/ ments therein required. any part thereof.
/ falsely, he shall be deemed guilty Of a mis-
| lemtaner and upon conviction thereof shall
/ Ne fined not less than one hundred nor more
| han one thousand dollars and Imprisoned in
/ the county jat not less than thigty daTs nor
| more than twelve months, and in addition
~ srcto, for the first offense under this stat
ute, the court may, in its discretion, suspend
| the license OF such ply ior period OF
| six months and for each oifcHsc thereafter
the court shall suspend such license for a
| period Of six months
See o. Every person who shall directly
or indirectly keep or maintain by himself or
! by assoeiatng with others, OF who shall IN
!
/ maintaining any club house, or other place
| in which any liquor is received or 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 or give away, or
assist or ahet in barterinR, selling or giving
! away any liquors received or Kept shall
| be deemed guilty OF a misdemcanor and
upon conviction thereof he punished by fine
| OF not less than one hundred dollars nor
more than thousand dollars and by I'M
prisonmeut in the county Jail not less than
| thirty days more than twelve months
! and in all cases the members, shareholders or
associates i'll 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, or OF this act, or oi any
| fact tending thereto. and no person shall De
| excused from teStfying to any ofense com
mitted by another against any OF the pro-
visions of this act by reason OF his test
mony tending to eriminate himself, but the
| testimony given by such person shall IN no
| case be used against him
Sec. T. 1t shall be unlawful for any per
| son 10 keeo have for personal use or 9th
| erwise. to use, or permit another to nave,
| keep or use, Intoxicating liquors at 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-tour),
| irutstand, newsstand, room, or place where
| bowling alleys. nlHiafd OF poor tapitH SiN
| maintained livery stable, public building
| park. road, street or alley. 1t shall be unlaw'
| ful for any person to give or to furnish to
| another Intoxicating liquors. Any one vio-
lating this section shall be guilty Of uisde.
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 a 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
ing kept aud stored for unlawful purposes
Sec g. II any person shall advertise or
| give notice by signs. bill-boards newspapers
| periodicals. or otherwise for himself or an
other OF the sale keeping for sale OF no
uors shall circulate or distribute any