or objections may be made by any citizen of the county wherein the application is made, specifically stating the reasons therefor, and the court shall fix a day in the term for the trial, and all applications shall be tried at the first term after completed service has been made of the required notice, if the business of the court shall allow. No permit shall be granted unless the court shall find from competent evidence that all the averments in the petition are true, that the reasonable convenience and necessities of the people, considering the population and all the surroundings, make the granting of the permit proper, and that the applicant is possessed of the character and qualifications required, worthy of the trust to be reposed in him, and likely to discharge the same with fidelity. The county attorney shall appear in such cases, and any number of persons, not less than five filing any remonstrance or objection, may also appear by counsel and resist the application. If more than one permit is applied for in the same locality, the applications shall be heard at the same time, unless for cause shown it be otherwise ordered. If for any reason the application cannot be tried in term time, the same may be heard by the judge in vacation, at a time to be fixed by the court and made of record, and in all applications for permits the court may grant or refuse any or all applications, as will best subserve the public good.

SEC. 2390. Bond. -No permit shall issue until the applicant shall execute to the state a bond in the penal sum of $1,000, with good and sufficient sureties to be approved by the clerk of the court, conditioned that he will well and truly observe and obey the laws of the state now or hereafter in force in relation to the sale of intoxicating liquors, that he will pay all fines, penalties, damages and costs that may be assessed or recovered against him for a violation of such laws during the time for which the permit is granted, and the principal and sureties in said bond shall be liable thereon, jointly and severally, for all civil damages and costs that may be recovered against the principal in any action brought by a wife, child, parent, guardian, employer or other person under the provisions of this ehapter. The bond, after being approved and recorded by the clerk, shall be deposited with the county auditor, and suit may be brought thereon at any time by the county attorney, or by any person for whose benefit the same is given. The clear proceeds of all other money which may be collected for breaches of the bond shall go to the school fund of the county. If at any time the sureties on the bond shall file with the court or clerk a written request for release, or become insolvent, or be deemed insufficient by the court granting the permit, or its clerk,, such court or clerk shall require a new bond to be executed within a reasonable time to be fixed. If the permit holder fails or neglects to furnish a new bond within the time so fixed the permit shall from that date become null and void.

SEC 2391. Oath of applicant.—in addition to giving the bond required, the applicant shall take and subscribe the following oath, which shall be indorsed upon the bond: “I‚.......... do solemnly swear (or affirm) that I will well and truly perform all and singular the conditions of the within bond, and keep and perform the trust confided in me to purchase, keep and sell intoxicating liquors. I will not sell, give or furnish to any person any intoxicating liquors otherwise than as provided by law, and especially I will not sell or furnish any intoxicating liquors to any person who is not known to me personally, or duly identified, nor to any minor,

intoxicated person, or persons who are in the habit of becoming intoxicated; and I will make true, full and accurate returns of all certificates and requests made to or received by me as required by law; and said returns shall show every sale and delivery of such liquors made by me, or for me, during the months embraced therein, and the true signature to every request received and granted; and such returns shall show all the intoxicating liquors sold or delivered to any and every person, as returned."

SEC. 2392. Pemit issued.-Upon taking said oath and filing said bond, the clerk of the court granting the same shall issue a permit to the applicant, authorizing him to keep and sell intoxicating liquors as in this chapter provided. The permit so issued shall specify the building. give the street and number or location in which intoxicating liquors may be sold by virtue of the same, and the length of time the same shall be in force, unless sooner revoked. Provided, that upon the lease or destruction of the building where such business is conducted, or for other good and sufficient cause shown, consent in writing of the bondsmen having been obtained therefor, or a new bond given, the district court of the county which granted said permit, or a judge of said court, may change the place specified in said permit to some other place in the same city or township, upon motion therefor. A copy of said motion, and notice of the time when and the place where the same shall be heard, shall be given to the county attorney of the county where said place is situated at least five days before said hearing.

SEC. 2393. Record-costs. The clerk of the court granting the permit shall preserve, as a part of the record and files in his office, all petitions, and other papers except bonds pertaining to the granting or revocation of permits, and keep suitable books in which bonds and permits shall be recorded. The books shall be furnished by the county like other public records. Whether said permit be granted or refused, the applicant shall pay the costs incurred in the case, and when granted he shall make payment before any permit issue, except the court may tax the cost of any witnesses summoned by private persons resisting said application, and the fees for serving such subpoenas, to such persons, when it is shown that such witnesses were summoned maliciously or without probable cause to believe their evidence material. The fees in such cases shall be as provided in actions at law in the district court.

SEC. 2394. Requests to purchase. -Before selling or delivering any intoxicating liquors to any person, a request must be signed by the applicant, in his true name, truly dated, stating the applicant is not a minor, his residence, for whom and whose use the liquor is required, and his true name and residence, and, where numbered, by street and number if in a city, the amount and kind required, the actual purpose for which the request is made and for what use desired, and that neither the applicant nor the person for whose use requested habitually uses intoxicating liquors as a beverage, and attested by the permit holder who receives and fills the request. The request shall be refused unless the permit holder has reason to believe the statement to be true, and in no case granted unless the permit holder filling it personally knows the person applying is not a minor, intoxicated, nor in the habit of using intoxicating liquors as a beverage; or, if the applicant is not so personally known, before filling the order or delivering the liquor, he shall require identification, and the statement in writing of a reliable and

trustworthy person, of good character and habits, known personally to him, that the applicant is not a minor, nor in the habit of using intoxicating liquors as a beverage, and is worthy of credit as to the truthfulness of the statements in the application; and this statement so made shall be signed by the witness in his own name, stating his residence correctly.

SEC. 2395. Penalties.—If any person shall make any false or fictitious signature, or sign any name other than his own to any paper required to be signed, or make any false statement in any paper or application signed to procure liquors, the person so offending shall be punished by a fine of not less than $20 nor more than $100 and costs of prosecution, and shall be committed until said fine and costs are paid, or shall 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, the person so offending shall be punished as provided by law for perjury. If any person holding a permit under this chapter shall purchase or procure any intoxicating liquor otherwise than as herein authorized, or make any false return to the county auditor, or use any request for liquors for more than one sale, he shall be guilty of a misdemeanor and punished accordingly.

SEC.2396. Transportation by permit holder. -Every permit holder is hereby authorized to ship to registered pharmacists and manufacturers of proprietary medicines intoxicating liquors to be used by them for the purposes authorized by law. All railway, transportation and express companies and other common carriers are authorized to receive and transport the same upon presentation of a certificate from the clerk of the district or superior court of the county where the permit holder resides, that such person is permitted to ship intoxicating liquors under the law of this state.

SEC. 2397. Returns by permit holder.-On or before the 15th day of January, March, May, July, September and November of each year each permit holder shall make full returns to the county auditor under oath, of all requests filled by him and his clerks during the two preceeding months, which oath shall be in the following form: "I......

....

being duly sworn, on oath state that the requests for liquors herewith returned are all that were received and filled at my pharmacy (or place of business) during the months of......... .A. D....; that I have carefully preserved the same, and that they were filled up, signed and attested at the date shown hereon, as provided by law; that said requests were filled by delivering the quantity and kinds of liquors required, and that no liquors have been sold or dispensed under color of my permit during said months except as shown by the requests herewith returned, and that I have faithfully observed and complied with the conditions of my bond and oath taken by me thereon indorsed, and with the laws relating to any duties in the premises.

SEC. 2398. Account of purchase and sales.-Every permit holder shall keep strict account of all liquors purchased or procured by him in a book kept for that purpose, which shall be subject at all times to the inspection of the commissioners of pharmacy, the county attorney, any grand juror, sheriff or justice of the peace of the county, and such book shall show of whom such liquors were purchased or procured, the amount and kind, the date of receipt and amount sold; also the amount on hand of each kind for each two months, and at the same time he returns requests to the county

auditor he shall file a statement of such account with such auditor, except that the items of sales need not be embraced therein, but the aggregate amount of each kind shall be verified. All forms necessary to carry out the provisions of this chapter not otherwise provided for shall be as may be provided by the commissioners of pharmacy.

SEC. 2399. Illegal sales by permit holder-evidence.-Every permit holder or his clerk shall be subject to all the penalties, forfeitures and judgments, and may be prosecuted by all the proceedings and actions criminal and civil, whether at law or in equity, provided for or authorized by this chapter and the permit shall not shield any person who abuses the trust imposed by it or violates the law. In case of conviction in any proceeding, civil or criminal, the liquors in possession of the permit holder shall by order of the court be destroyed, and on the trial of an 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 conditions or duties imposed by law, the requests for liquors and returns made to the auditor, the quantity and kinds of liquors sold, or kept, purchased or disposed of, the purpose for which liquors were obtained by or from him and for which they were used, the character and habits of sobriety or otherwise of the purchasers, shall be competente vidence, and may be considered, so far as applicable to the particular case, with any other recognized, competent and material facts and circumstances bearing on the issues involved in determining the ultimate facts, In any suit, prosecution or proceeding under this chapter the court shall compel the production in evidence of any books or papers required to be kept, and shall compel any permit holder, his clerk, or any person who has purchased liquors of either of them, to appear and give evidence, but such oral evidence shall not be used against such person or witness on the trial of any criminal proceeding against him.

SEC. 2400. Revocation of permit. -Permits shall be deemed trusts reposed in the recipients, and may be revoked upon sufficient showing by order of a court or judge. Complaint may be presented at any time to the district or superior court, or a judge thereof, which shall be in writing and signed and sworn to by three citizens of the county in which the permit was granted. A copy of the complaint shall, with a notice in writing of the time and place of hearing, be served on the accused five days before the hearing, and if the complaint is sufficient, and the accused appear and deny the same, the court or judge shall proceed without delay, unless continued for cause, to hear and determine the controversy. If continued or appealed at the instance of the permit holder, his permit may, in the discretion of the court, be suspended pending the controversy. The complainant and accused may be heard in person or by counsel, or both, and proofs may be offered by the parties; and if it shall appear upon such hearing that the accused has in any way abused the trust, or that liquors are sold by the accused or his employes in violation of law, or dispensed unlawfully, or he has in any proceeding, civil or criminal, within the last two years, been adjudged guilty of violating any of the provisions of this chapter, the court or judge shall revoke and set aside the permit; the papers and order in such case shall be immediately returned to and filed by the clerk of the court, and, if heard by a judge, the order shall be entered of record as if made in court; and if in or any other proceeding, civil or criminal, it shall be adjuded by the

this

court or judge that any registered pharmacist, proprietor, or clerk, has been guilty of violating any provision of this chapter, such adjudication may be by the commissioners of pharmacy regarded as sufficient, if repeated, to work a forfeiture of his certificate of registration. It shall be the duty of the clerk to forward to the commissioners of pharmacy transcripts of such judgments or orders without charge therefor, and as soon as practicable after final judgment or order has been made and entered.

SEC. 2401. How business conducted-clerks-physicians.-A permit holder may employ not more than two registered pharmacists as clerks to sell intoxicating liquors in conformity to the permit and the law; but in such cases the acts of clerks in conducting the business shall be considered the acts of the permit holder, who shall be liable therefor as if he had personally done them, and in making returns, the verification of such requests as may have been received, attested and filed by the 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 registered pharmacist who holds a permit shall cease to hold a valid and subsisting certificate of registration or renewal thereof, his permit shall be forfeited and be null and void. Nothing contained in this chapter shall be construed to prevent licensed physicians from in good faith dispensing liquors as medicines to patients actually sick and under their treatment. In case a permit-holder shall die, his personal or legal representative may continue the business, subject to the provisions hereof, through the agency of any reputable registered pharcist, upon the approval of the court granting such permit, or the clerk thereof, and the giving of a bond as herein before provided. A partner who is a registered pharmacist, not holding a permit, shall have the same rights and be subject to the same restrictions as clerks; and for whose acts the permit-holder shall be held responsible the same in all respects as for his clerks.

SEC. 2402. Intoxication punished.-If any person shall be found in a state of intoxication he is guilty of a misdemeanor, and any peace officer shall, without a warrant, take him into custody and detain him in some suitable place until an information can be made before a magistrate, and a warrant of arrest issued, under which he shall at once be taken before the magistrate issuing the same, or, if for any reason he cannot act, to the next nearest one, where he shall be tried, and, if found guilty, shall be fined in the sum of not less than $5 nor more than $25 and costs of prosecution, or imprisoned in the county jail not more than thirty days, the penalty, or any portion of it, may be remitted by a magistrate before whom the trial is had, and the accused discharged from custody, upon his giving information in writing and under oath, stating when, where and of whom he purchased or received the liquor which produced the intoxication, and the kind and character of this liquor, and, in addition, giving bail for his appearance before any court to give evidence in any action or complaint to be commenced or preferred against such party for furnishing the same.

SEC. 2403. Selling or giving to minors or intoxicated person or persons in the habit of becoming intoxicated.-No person by himself, agent or otherwise, shall in any manner procure for, or shall sell or give any intoxicating liquors to any minor for any purpose, except upon written order of his par