The Lexington intelligencer. [volume] (Lexington, Mo.) 1901-1949, 1920-10-08

any permit nOlder VINO Shah Niolatt any
Of the provisions OF this section, or any
person who shall make a false statement
In an application for ethyl alcohol or
wine, shall be deemed guilty Of a mis-
| demeanor.
Section 3. II shall be unlawful for any
physician, or pretended physician, in the
state Of Missouri. TO make or issue any
prescription to any person for ethyl al
coh0l or wine 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 win 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 h 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 as herein provided. to
mako or issue a prescription for ethyl al
cohol or win TO any persons without a
careful physical examination OF the per-
son for whom the ethyl alcohol or wine
Is prescribed; or to issue such prescrip-
lions for such liquors to a person whom
he has reason to believe will use such
liquors for beverage purposes; or TO is
sue such n 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 mnlady for which such liquor is pre-
scribed.
Section 6. Every wife, husband, child,
parent. guardian, or other person IN the
stale 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 nave the right OF
action in his or her name against any
person, Arm Of corporation who shall, by
such Illegal selling Of such liquors, have
caused or contributed 10 the intoNication
of said person or persons. or who have
caused on contributed to any such injury.
and In any action given by this section
the plaintiff shall have the right TO re-
cove 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 TO n 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
urimA fAcle evidence or such relation ana
the amount so recovered by either wife
or child shall be his or her sole and
separate properly. Such damages, to-
gether with the costs Of suit. shall be
recoverable In IN 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 4 bar to any suit brought by the other
To- aftal ID -. a.gF n nd - rs .naaa .sHara
two or more children may be entitled TO
UGH damages, only one suit therefor may
he brought and the separate claims Tor
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 unia wfuliy is guilty Of maintain-
ing or keeping a nuisance, and the build
ing, structure OF place, on the ground it.
sell, IN or upon which unlaN full manufac-
lure or sale or keeping with intent to
awtully 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-genera or prosecuting at
torney OF the county IN this state where
such a nuisance, as defined in this sec
ton, exists. or Is kept or maintained.
may prosecute a suit IN equity TO abate
and perpetually enjOin the ans All
persons. whether agents or employees or
Officers Of corporations, or agents or en-
ployes Of individuals aiding or abetting
In the commission OF the Oitense. may be
made parties defendant IN such action.
The circuit coults OF this state are here
by authorized and empowered to | y and
determine causes arising under this Sec
t1on and such courts shall have the pow
cr to enforce inJdnctions under this see
tion by such measures and meals as are
now provided or nay be provided for
the enforcement Of injunctiOnS in this
state
Section s. II the Encouragement or
prosecuting attorney of any county In this
state shall nle "A statement verified by
Oath with the clerk OF the circuit court,
or other court having crim,na jurisdic-
tiOn m the county. tnat he verify believes
that In some building or structure, 10 be
designated IN said statement. In tie said
county, Intoxicating liquors are being
Manufactured on sold contrary to the pro-
visions Of this act. II shall be the duty
of the sheriff Of said county TO enter
said building or structure by force, II
Necessary, and remove therefrom any
Intoxicating liquors which he may find
therein, and hold such liquors mil all
prosecutions for violating the provisions
Of this act 10y any person In said build
ing are ended aud determined. Any intoN-
- 81hAH NNfHa
ing and taken under the provisions Of
this section and not eturned to the own
Ell as herein set out snail be liable for all
hnes and costs assessed against any per-
son convicted for manufacturing or SELL
ing such liquor at said place contrary
to the terms OF this act, and such srer-
ifTs 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 shall be is
sued to search a private dwelling occu-
pied as such unless some part Of Il is
used as a store or shop, hotel OF boarding
house, or Tor any other purpose than a
private residence, or unless such resi-
dence Is a place OF public resort.
Section 8. In case the existence OF
n place where Intoxicating liquors are
manufacturer or sold in violation OF law
Is disclosed In any criminal proceedings,
IL shall be the duty OF the prosecuting
attorney TO proceed promptly to 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 onenses may
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-
lative penalty for each offense may be
Imposed by the ourts. II shall not be
necessary In any affidavit, Information or
indictment to give the name OF the pur-
chaser or TO include any defensive mega
tive averments, 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 OF 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 genera
OF the state TO enforce the se-,e In such
county, and for that purpose, he may
appoint as many assistants as he shall
deem necessary, and he and his assist
ants shall be authorized to sign, verify