The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1920-10-15

WIN the clerk OF the county court undei
the provisions Of section 8 of this act
Any permit holder who shall violate an,
OF the provisions OF this section. or an,
person who shall make a false statement
m an Application for ethyl alcohol OF
VINE shall be deemed guilty OF a mis-.
Section s. II shall be unlawful for an,
physician. or PRETENDED ply stefan. in the
state OF Missouri. TO make or issue ans
prescription to any person for ethyl al
cohoi or vine in any quantity, or for any
compound OF which such liquors shall
form a part without a permit therefor
secured as herein provided. All physi.
clans desiring TO write prescriptions for
ethyl alcohol or wine for medicinal pur-
poses shall file al application for a per-
nit to do so with the clerk of the county
court OF the county in which ,snch physi-
clan practices his profession. Said appli-
cation shall be in such form as the attor-
n~ey-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
az above set out, the sum OF two dollars
ts2,OO. 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 g permit as herein provided. to
make or issue a prescription for ethyl al
cohol or wine TO any persons without a
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 to a person whom
he has reason to believe will use such
liquors for beverage purposes; or to is
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 " the disease
or malady for which such liquor is pre-
scribed.
Section 6. 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 II 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 n 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~ntoxication
OF said person or persons, or who nave
caused or contributed to any such injury;
and n any action given by this section
rthe plaintiff shall have the right to re-
cover actual and exemplary damages. In
case OF the death Of either party, the &C.
ton or right OF action given by this section
shall survive to and against his or her
executor or administrator; and in every
action by husband, wife, parent, child.
the general reputation Of the relation OF
husband. wife, parent, child, shall be
prima facie evidence of such relation and
the amount so recovered by either wife
or child shall be his or her sole and
separate property. Such damages. 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 shall
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 10 any suit brought by the other
TOT 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 VINO 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 nuisance; and the build
ing, structure or place. or the ground it,
self, in or upon which unlawful manufac-
ture or sale or keeping with intent to
unlawfully sell such intoxicating liquors,
Is carried on or Is continued or exists;
and the furniture, vessels, fixtures, and
contents, are also declared a nuisance.
The attorney-general or prosecuting at
torney OF the county in this state where
such q nuisance, as defined in this Sec
ton, exists. or IL kept or maintained. |
may prosecute a suit In equity TO abate
and perpetlally enjoin the same. al
persons, whether agents or employees or
o1hcers OF corporations. or agents or em-
plOyes OF individuals aiding or Hbettina
In the commission Of the onense. may he
made parties defendant in such action.
The circuit courts OF this state are here
by authorized ami empowered 10 try and
determine causes arising under this sec
Tim and CHtpb r.svrer -A.If 49,. - - |
er to enforce injunctions 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 5. II the attorney general or
prosecuting attorney Of any county in this
state shall file a statement verified BY
oath with the clerk Of the circuit court,
or other court having criminal jurisdlc-
ton IN the county. that he verify believes |
that IN some building or structure, to 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 sherif OF said county to enter
said building or structure BY force. II
necessary, and remove therefrom any
Intoxicating liquors which he may and
therein. and hold such liquors untii ali 1
prosecutions for violating the provisions
OF This act by any person In said build
AAC AAN nAA1 uEANi lnllEQs Ally lnL0MA 4
icating LIQUORS found In any such build
ing and taken under the provisions OF
THIS section and not returned 10 the own
er as herein set out Hhall be liable for all
hnes p costs assessed Against any per-
son convicted for manufacturing OF sell
Ing such liquor IT said place contrary
TO the terms OF this act, n such shsr.
ms shall dispose OF said liquors, ia some
legal manner, and apply the proceeds
thereof. u any, TO the payment Of such
and costs M mfuFwaaN Avail - l. Il
sued TO search a private dwelling occu-
pied as such unless some part Of Il Is
used as a store or shop, hotel or boarding
mouse, OF tQr any other purpose than a
private residence, or uniess such resi-
dence Is a place Of public resort.
Section ). In case the existence OF
any place where intoxicating LIQUORS are
manufactured or sold In violation OF law |
Is disclosed In any criminal proceedings,
IL shall be the duty OF the prosecuting
attorney 70 proceed promptly 20 enforce
the provisions Of this act against such
place as a nuisance. In any affidavit
information or indictment for the viola.
ton OF this act. separate offensee may
oe united In separate counts and the de-
PENDANT may be tried on ali OF the sepa-
rate ofienses at one trial and the cumu.
iatNe penalty for each offense may be
Imposed by the courts. II Hhan not be /
necessary In any affidavit. information or
INDICTMENT to give the name OF the ppr-
CHASER or 10 include any defensive mega y
tive Ayerments, but Il shall be sufficient
70 state thai the act complained Of was
then anq there prohibited and unlawful.
whenever any prosecutlng attorney shall
pc unable or shall neglect, fall m, re- /
fuse TO enforce any or The provisions OF
TINS act or for any reason whatsoeyer. |
tbs provisions of this act bhsll not be
enierceo m any county In this state II
shan be the duty Of The sttorpey-generai
Of the state 10 enforce the same IA such
county: \ for that purpose, he may