The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1920-10-22

Of the provisions Of this section, or any
person h shall make q false statement
wine. shan BE- deemed guilty OF 4 mis-.
| demeanor.
Section s. II shall be unlawfu for any
physician. or pretended physician, In the
state OF Missouri. to make or Issue any
prescription 70 any person for ethyl al
eohol or wine In any quantity. or for any
compound OF which such liquors shah
form a part without a permit therefor
secured as herein provided. All physi-
cans desiring to write prescriptions for
ethyl alcohol or wine for medicinal pur-
poses shall file an application for a per-
nit to do so with the clerk of the county
court OF the county in which such physi-
clan practices his profession, said appli-
cation shall be IN such form as the attor-
ney-general of Missouri may prescribe
and permits may be granted by the judges
OF the county court upon the same terms
and under the same rules and conditions
as they are authorized TO grant permits
to manufacture and sell ethyl alcohol or
wine by This act. Applicants shall pay
the county clerk for each permit issued
as above set out. the sum OF two dollars
(s2.00l. All fees collected by the said
county clerk under this section shall be
paid over monthly TO the county treasur-
er. II shall be unlawful for any physician,
holding a permit az herein provided, to
make or issue a prescription for ethyl al
cOhol or win TO any persons without q
careful physical examination Of the per-
son for whom the ethyl alcohol or wine
is prescribed: or 10 issue such prescrip-
tons for such liquors 10 a person whom
he has reason TO believe will use such
liquors for beverage purposes; or to IL
sue such a prescription for such liquors
without the name OF the person for whom
such LIQUORS are prescribed written there
ON together with the name Of the disease
or malady for which such liquor is pre-
Ecribed.
= Section s. Every wife. husband. child.
parent, guardian, or other person in the
state OF Missouri, who shall be injured
In person or property or means OF sup
port or otherwise by any intoxicated
person by reason Of the selling Of intoxi-
eating liquors In violation OF the provis-
ions OF this act, shall have the right Of
action in his or her name against any
person. firm OF corporation who shall. by
such Illegal selling Of such liquors, have
caused or contributed to the i~ntokication
OF said person or persons, or who have
caused or contributed to any such injury;
and IN any action given by this section
the platntln shall have the right to re-
cover actual and exemplary damages. In
case Of the death Of either party, the ac-
ton or right Of action given by this section
shall survive 10 and against his or her
executor or admlDistratori and in every
action by husband, wife, parent, child,
the general reputation Of the relation Of
husband, wife, parent, child, shall be
prima facle evidence OF such relation and
NAE nAl0hhA ~ ANNNNEAgA W EiNnEl NhG
or child shall be his or her sole and
separate property. Such damaaeB to-
gether with the costs OF suit. shall be
recoverable In an action before any
court OF competent Jurisdiction In this
state: and In any case where parents shah
be entitled to such damages, either the
father or mother may sue alone therefor,
but recovery by one Of such parents shall
be a bar to any suit brought by the other
for such damages; and In any case where
two or more children may be entitled TO
such damages. only one suit therefor may
be brought and the separate claims for
damages may be united under separate
counts in the one action.
Section Z. Any person, firm or corpor-
alton who shall In the state OF Missouri
establish, erect. maintain. continue or use
any building. structure or place, whether
stationary or movable, for the purposes
OF manufacturing or selling Intoxicating
liquors unlawfully is guilty Of maintain
Ing or Keeping a nuisaDce; and the build
ing, structure or place, or the ground it,
self, ia OF upon which unlawful manufac-
ture or sale or keeping with intent to
unlawfuly sell such intoxicating liquors.
Is carried on or Is continued or exists;
and the furniture. vessels, fixtures, and
contents, are also declared q nuisance.
The attorney general or prosecuting at
torney OF the county in This state where
ton, exists. or is kept or maintained.
may prosecute a suit In equity To abate
and perpetually enjoin the same. All
persons. whether agents or employees or
Othcers OF corporations, or agents or EN-
plOyes Of individuals aiding or abetting
IN the commission Of the Offense, may be
made parties defendant In such action.
The circuit courts OF this state are here
by authorized and empowered to try and
determine causes arising under this Sec
ton and such courts shall have the pow
er 10 enforce intunctiOns under this sec
ton by such measures and means as are
now provided or may be provided for
the enforcement OF injuDctions In this
state.
Section s. II the attorney general or
prosecuting attorney OF any COUNTY in this
state shall ME a statement verified by
oath with the clerk Of the circuit court,
OF other court having criminal jurisdic-
ton in the county, that he verify believes
that in some building or structure. 10 be
designated In said statement, IN the said
county. intoxicating liquors are being
manufactured or sold contrary TO the pro-
visions OF this act, II shall be the duty
OF the sherin OF said county 10 enter
said building or structure by force, n
necessary, and remove therefrom any
Intoxicating liquoBs which he may And
therein. and hold such liquors until all
prosecutions for violating the PROVISIONS
Of this act by any person In said build
lng are ended and determined. ANY intox-
icatinE liquors found in any such build
ING and taken under the provisions Of
this section and not returned to the own
eT a. herein set out thall be liable for all
fines and costs assessed against any per-
hon convicted for manufacturing or SELL
Ing such liquor at said place contrary
70 the terms OF this act, and such Rher-
ifs shall dispose OF said liquors, In some
legal manner. and apply the proceeds
thereof, II any. TO the payment OF such
fines and costs. No warrant shal be is
sued to search a private dwelling occu-
pied as such unless some part Of II Is
used az q store or shop. hotel or boarding
house. OF for any other purpose than a
private residence, or unless such resi-
dence Is a place OF public resort.
NSection 3. In case the existence Of
any place where intoxicating liquors are
manufactured or sold IN violation OF law
Is disclosed In any criminal proceedings,
II shall be the duty Of the prosecuting
attorney TO proceed promptly TO eUforce
the proNtsiOns Of this act against such
place as a nuisance. In any affidavit.
Information or Indictment for the viola
ton OF this act, separate ofenses mas
be united In separate counts and the de-
PENDANT may be tried on all OF the sepa-
rate onenses at one trial and the cumu-
latiye penalty for each olense may be
Imposed by the courts. II hall not be
necessary In any affidavit, information or
Indictment to give the name OF the pur-
chaser or to Include any defensive mega
tive aVerfients. but Il shall be sufficient
to state that the act complained Of was
then and there prohibited and unlawful.
Whenever any prosecuting attorney shall
be unable or shall neglect, fail or re-
fuse to enforce any OF the provisions OF
this act. or for any reason whatsoever.
the provisions OF this act shall not be
enforced in any county In this state II
shall be the duty Of the attorney general
OF the state to enforce the same In such
county, and FOR that purpose. he may
appoint az many assistants Rs he shall
I unafn nNGQaNn ~ and hA and htu uuufaf-