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. Number of vi- Any number of distinct violations of this act may be charged in one indictment in different counts and all tried in the same action, the Jury specifying the counts, if any, on which the defendant is found guilty. olations not limited by indictment. Registered Pharmacists not holding permits. Comrs. of ther rules. SEC. 15. Registered pharmacists, conducting pharmacies and not holding permits and manufacturers of proprietary medicines are hereby authorized to purchase of permit-holders in the counties of their residence, intoxicating liquors (not including malt) for the purpose of compounding medicines, tinctures and extracts that cannot be used as a beverage. Said permit holders shall not charge such registered pharmacists over 10 per cent net profit for liquors so sold, 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 tenth day of each Calendar month they shall make and file with the County Auditor sworn reports for the preceding calendar month 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, and giving the names of the permit holders of whom the same were purchased and the dates and quantities so purchased, together with an invoice of the amount of each kind still in stock and kept for such compounding. The commissioners of pharmacy are hereby may make fur- empowered and directed to make further rules and regulations regarding the quantity of intoxicating liquors to be kept in stock by such pharmacists at any one time, and 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 abuses of the trust reposed in such purchasers, and if the said registered pharmacist sell, barter, 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 forfeit his certificate of registration; and be liable to all the penalties, prosecutions and proceedings at law or in equity 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 shall strike his name from the list of pharmacists and cancel his certificate. Provided, that nothing herein contained shall be construed to ing compound authorize the mauufacture 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. No intoxicat to be used as a beverage. Permit holders of clerks. SEC. 16. A permit holder may employ not more than two Hlable for sales registered pharmacists as clerks to sell intoxicating liquors in conformity to the permit and provisions of this act, but in such case the acts of his clerks in conducting the business shall be deemed the acts of the permit holder who shall be liable there for as if he had personally done the acts and in making returns the verification of such requests as may have been received attested and filled by a clerk must be made by such clerk and the clerk who transacted any of the business under the permit must join in the general oath required of the employer so far as relates to his own connection therewith. If for any cause a reg. istered pharmacist who holds a permit shall cease to hold a valid and subsisting certificate of registration or renewal thereof his permit shall thereby be forfeited and be null and void. force when SEC. 17. Any person holding a permit in force when this act Permits in takes effect may continue to purchase, keep and sell intoxicating low takes liquors according to the laws under which his permit was given effect. until such time as a permit can be obtained under the provisions of this act but all such permits shall expire on the first day of October 1888. Persons con ton of law. victed of vio SEC. 18. If any person shall be convicted of violating any of the provisions of this act or of the acts regulating the practice of pharmacy or any acts for the suppression of intemperance or amendments thereto by reason of a prosecution by the commissioners of pharmacy all fines so imposed and collected shall be paid into the county treasury of the proper county for the use of the school fund, and the Commissioners of Pharmacy shall be entitled to draw from the State treasury an amount not exceeding 50% of the amount of the fines so collected to be used solely in prosecution instituted by them for failure to comply with the provisions of this act or of the acts regulating the practice of Pharmacy. And the Court before whom any prosecution Certificate of instituted and prosecuted by the Commissioners of Pharmacy prosecution shall certify to the Auditor of State all cases in which they have Auditor. appeared as prosecutors, either in person or by their attorney, and the amount of fines imposed and collected in such Cases; And the commissioners of pharmacy shall have power to revoke the certificate of registration of pharmacists for repeated violation of this act. Said amount to be drawn from time to time upon the warrants of the State Auditor which shall issue for the payment of expenses actually incurred in said prosecutions after said expenses shall have been audited by the Executive Council. filed with false statement SEC. 19. If any person shall make any false or fictitious sig- Penalty for nature or sign any name other than his or her own to any paper or signature. required to be signed by this act or make any false statement in any paper or application signed to procure liquors under this act, the person so offending shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $20 (twenty dollars) nor more than one hundred dollars ($100) and cost of prosecution and shall be committed until said fine and cost are paid or be imprisoned not less than ten nor more than thirty days. If any permit holder or his clerk shall make false oath touching any matter required to be sworn to under the provisions of this act, the person so offending shall upon conviction therefor be punished as provided by Penalty for law for perjury:. If any person holding a permit under this law excess of pur- shall purchase or procure any intoxicating liquors otherwise chase. "Various laws cited and repealed. Sec 1 Chap 75 acts 18 G. A. amended. Sults brought in the name of State of Iowa. acts 18 G. A. amended. than authorized by this act, or in any larger quantities than shall be stated in the County Auditor's certificate obtained by him for that purpose, or make any false return to the County Auditor, or use any request for liquors for more than one sale or the County Auditor's certificate for purchasing liquors for more than one purchase, in any of such cases he shall be deemed guilty of a misdemeanor and upon conviction, punished accordingly. SEC. 20. That Sections 1524, 1526, 1527, 1528 1529, 1530, 1531, 1532, 1533, 1534, 1535, 1536, 1537, and 1538 of the Code of 1873 as amended by Chapter 143 of the Acts of the 20th General Assembly and all that part of Section two (2) chapter Eighty-three (83) acts of the Twenty first General Assembly after the words "medicines and poisons" in the fifth line thereof be and the same is hereby repealed, and by inserting after the word poison in the fifth line of Section 2 Chapter Eighty three Acts of the Twenty first General Assembly the following words, "excepting intoxicating liquors" provided that nothing in this act shall be construed to abate any action or proceeding now pending in any Court in this State for a violation of the provisions of the Sections hereby repealed or to operate to bar any prosecutions hereafter brought for any such violations committed prior to the passage and taking effect of this act. SEC. 21. That section one, chapter 75 of the acts of the Eighteenth General Assembly be and the same is hereby amended by striking out the words "for medical use, except as hereinafter provided", at the end of said section and inserting in lieu thereof the words, "and any person violating the provisions of this section shall be liable to pay a penalty of five dollars for each day of such violation and cost of prosecution. Suits brought to recover any of the penalties provided for in this act or the acts to which it is amendatory shall be instituted in the name of the State of Iowa by the county Attorney or under the direction and by the authority of the Commissioners of Pharmacy for the State of Iowa. In all cases brought under this act or the acts to which it is amendatory, the prosecution need not prove that the defendant has not the required pharmacy certificate of registration; if the defendant has such certificate he must produce it". Sec. 4 Chap. 75 SEC. 22. That Section 4, Chapter 75 of the Acts of the Eighteenth General Assembly be and the same is hereby amended, by striking out the words "a duplicate of which is to be kept in the Secretary of State's office" in the second and third lines of said Section. Publication. SEC. 23. This Act being deemed of immediate importance shall take effect and be in force from and after its publication in the Iowa State Register and Des Moines Leader newspapers published in Des Moines Iowa. Approved April 12, 1888. I hereby certify that the foregoing act was published in the Iowa State Register and Des Moines Leader April 13, 1888. FRANK D. JACKSON, Secretary of State. CHAPTER 72. RELEASE OF PENALTIES-SALE OF INTOXICATING LIQUORS. AN ACT to Release Certain Penalties for Failure to Make and File H. F. 605. ports. WHEREAS; The Twentieth General Assembly of the State of Time of filing Iowa, passed an act amending title eleven (11) chapter six (6) of monthly rethe Code of Iowa and fixing the time within which parties holding permits for the sale of intoxicating liquors shall make and file their monthly reports with the county Auditor within five days from the last Saturday of each month as provided in section 1537 and 1538, of the Code of Iowa, and chapter 143 of the laws of the 20th General Assembly of the State of Iowa; and, WHEREAS; Said law fixed and attached a penalty of one hun- Penalty for dred dollars for each failure to make and file said monthly re port within five days from the last Saturday in each month, one half of said penalty to go to the informer, and one half to the school fund, and WHEREAS; A large number of druggists residing in the State and holding permits under the law, have failed to make and file their monthly reports within the five days as required, but in truth and in fact have made and filed said monthly reports with the County Auditor as required by law, but not within the five days as aforesaid, and, WHEREAS; In many cases large penalties have been incurred by reason of failure to make and file said monthly reports with the County Auditor within the five days as aforesaid without any intention of violating the prohibitory liquor law on the part of the holders of said permit, therefore failure to file report. specified. Be it enacted by the General Assembly of the State of Iowa: SECTION 1. That in all cases in which any druggist holding Failure to rea permit for the sale of intoxicating liquors, has heretofore failed port in time to make and file the monthly reports and statements with the county auditor within the five days as required by sections 1538 and 1539 of the code of Iowa, and as amended by chapter 143 of the Acts of the Twentieth General Assembly of the State of Cases dismissed by court. Publication. Iowa, and within the time therein limited, but has in truth and in fact, prior to the commencement of prosecution, subsequently made and filed such reports with the county auditor as required by law, such filing of said monthly reports shall be taken and deemed to be a fulfillment of the requirements and provisions of said law on the part of said druggist holding said permits as to the time of filing said reports and shall have the same force and effect as though said monthly reports had been filed within the time limited and fixed in said chapter 143, of the Acts of the Twentieth General Assembly of the State of Iowa, and title eleven (11) chapter six (6) of the code of Iowa, and no fine penalty or forfeiture, shall be held or deemed to have been incurred by any druggist holding such permit as aforesaid, by reason of a failure to make and file such monthly reports with the county auditor within the time limited by law. And all penalties fines and forfeitures heretofore incurred by and not adjudged against, any druggist holding such permit on failure to make and file said monthly reports within the five days, the same is hereby released, remitted and discharged. SEC. 2. That in all such cases the same shall be dismissed by the court upon payment by the defendant of all the costs made in the case and a reasonable attorneys fee to plaintiff's attorney to be fixed by the court. SEC. 3. This act being deemed of immediate importance shall become a law, and be in full force after its publication in the Iowa State Register and Des Moines Leader, newspapers published at Des Moines, Iowa. I hereby certify that the foregoing was published in the Iowa State Register April 19, and Des Moines Leader, April 17, 1888. FRANK D. JACKSON, Secretary of State. 8. F. 317. Fees in abatement of nuisance cases. CHAPTER 73. AMENDING ACTS RELATING TO SALE OF INTOXICATING LIQUORS AN ACT Supplemental to Chapter 143 of the Acts of the 20" Be it enacted by the General Assembly of the State of Iowa: SECTION 1. In the abatement of a nuisance as provided in section 5, of chapter 66, of the Acts the 21" General Assembly, the officer shall be entitled to the same fees for removing and selling the movable property that he would be for levying on and selling like property on execution And for closing and keep |