49 



SEC. 12. Every permit-holder or his clerk under this act shall be subject to all the 

 penalties, forfeitures, aud judgments and may be prosecuted by all the proceedings 

 and actions, criminal and civil, and whether at law or in equity, provided for or 

 authorized by the laws now or hereafter in force, for any violation of this act and 

 the act for the suppression of intemperance and any law regulating the sale of intoxi- 

 cating liquors and by any or all of such proceedings applicable to complaints against 

 such permit-holder; and the permit shall not shield any person who abuses the trust 

 imposed by it or violates the laws aforesaid, and in case of conviction in any pro- 

 ceeding civil or criminal all the liquors in possession of the permit-holder may by 

 order of the court be destroyed. On the trial of any action or proceeding against 

 any person for manufacturing, selling, giving away, or keeping with intent to sell 

 intoxicating liquors in violation of law, or for any failure to comply with the con- 

 ditions or duties imposed by this act, the requests for liquors and returns made to 

 the auditor as herein required, the quantity and kinds of liquors sold or kept, pur- 

 chased or disposed of, the purpose for which liquors wore obtained by or from him 

 and for which they were used, the character and habits of sobriety or otherwise, 

 9] Jl be competent evidence and may be considered so far as applicable to the par- 

 ticular case with any other recognized, competent, and material facts and circum- 

 -es bearing on the issues involved in determining the ultimate facts. In any 

 suit, prosecution, or proceedings for violations of this act or the acts for the sup- 

 pression of intemperance, and acts amendatory thereof, the court may compel the 

 production in evidence of any books or papers required by this act to be kept, and 

 may compel any permit-holder, his clerk, or any person who has purchased liquors 

 of either of them, to appear and give evidence, and the claim that any such testi- 

 mony or evidence will tend to criminate the person giving such evidence shall not 

 excuse such person or witness from testifying or producing such books or papers in 

 evidence; but such oral evidence shall not be used against such person or witness, 

 on the trial of any criminal proceeding against him. Any number of distinct vio- 

 lations of this act may be charged in one indictment or information in different 

 counts and all tried in the same action, the jury specifying the counts, if any, on 

 which the defendant is found guilty. 



SEC. 13. Registered pharmacists, conducting pharmacies and not holding permits, 

 and manufacturers of proprietary medicines are hereby authorized to purchase of 

 permit-holders intoxicating liquors (not including malt) for the purpose of com- 

 pounding medicines, tinctures, and extracts that can not be used as a beverage. Such 

 purchasers shall keep a record of uses to which the same are devoted, giving the 

 kind and quantity so used. 



And on or before the 15th day of January, March, May, July, September, and 

 November of each year they shall make and tile with the county auditor sworn 

 reports for the two preceding calendar months, giving full and true statements of 

 the quantity and kinds of such liquors purchased and used, the uses to which the 

 same have been devoted. The commissioners of pharmacy are hereby empowered 

 to make such further rules and regulations with respect to the purchase, use, and 

 keeping of such liquors as they may deem proper for the prevention of the abuses of 

 the trusts reposed in such purchasers, and if the said registered pharmacist sell, bar- 

 ter, give away, exchange or in any manner dispose of said liquors, or use the same 

 for any purpose other than authorized in this section he shall, upon conviction before 

 any district court thereof, be liable to all the penalties, prosecutions, and proceed- 

 ings atlaw or inequity provided against persons selling without a permit, and upon 

 any such conviction the clerk of the district court shall within ten days after said 

 judgment or order transmit to the commissioners of pharmacy the certified record 

 thereof, upon receipt of which the commission may strike his name from the list of 

 pharmacists and cancel his certificate : Provided, That nothing herein contained shall 

 be construed to authorize the manufacture or sale of any preparation or compound 

 under any name, form, or device, which may be used as a beverage and which is 

 intoxicating in its character. 

 3184 No. 42 4 



