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Show rent, lease, or permit the sain to bo used lor the purpose of violating any provision of this act. Any person who shall wilfully violate the provisions of this section shall be guilty of a misdemeanor, mis-demeanor, and upon conviction thereof shall bo punished by a fine la any sum not less that $150, and not more than 51,000. The fine so imposed shall constitute con-stitute a lien on the property and premises so used, leased or rented In violation of this act from and after the date of the Judgment, after Judgment Judg-ment execution ahall issue, and the said property shall bo sold to satisfy the same, together with costs of suit; provided, however, that such Hen shall not attach to property under the control con-trol of any receiver, trustee, guardian or administrator, but in such case the receiver, trustee, guardian. or administrator admin-istrator shall be liable on his official bond, for the fine so imposed. All leasee between landlords and tenants under which any tenant shall use the leased premises for the purpose of violating vio-lating any provisions of this act, shall be wholly null and void, and the landlord land-lord may recover possession thereof as In forcible entry and detained. ' Penitentiary Offense. Sec. 12. All places where alcoholic liquor of any kind is manufactured, sold, bartered, given away or other- ! vise furnished in violation of any of the provisions of this act, are hereby declared to be public nuisances and shall be abated In the manner provided provid-ed by law at the suit of any citizen of the state, ' Sec. 13. No officer of this state, or any county! city, town or municipal organization thereof, shall ever accept or receive, directly or Indirectly, any property, money or thing of value, either for himself or for another, or for the state, county, city or town or municipal organization, for or in consideration con-sideration of . any agreement or understanding, under-standing, expressed or Implied, of any klnd, character or nature whatsoever, that any person, Individual or corporate, corpor-ate, shall be permitted to violate any provision of this act, or shall, because of the payment or delivery of any such money, property or thing of value, either by way of fine, license, permit or otherwise, receive or secure immunity immu-nity from arrest, prosecution or punishment pun-ishment therefor. Any such officer, elective or appointive, violating any provision of this section shall be punished pun-ished by Imprisonment In the state penitentiary not less than one year and one day or more than five years. whr are actually engaged in that class of work; said use of grain alcohol to be for scientific purposes only, as shown by an aflldavlt duly sworn to by such person. Any person who shall mf.ke any false statement In any 6uch affidavit shall be guilty of a misdemeanor. misde-meanor. Section 5. Every person who shall wlihin this state, directly or Indirectly, keep or maintain by himself or by associating as-sociating or combining with others, any club room or other place In which any alcoholic liquor, is received or kept for the purpose of selling, bartering, bar-tering, giving away, or otherwise fur-nishing, fur-nishing, or for distribution or division among the members of any club or association by any means whatso- ever, and every person who shall sell, baner. give away or otherwise furnish, distribute or divide any 6uch alcoholic liquor so received or kept shall bo guilty of a misdemeanor. Search Warranto. Section 6. If it shall be made to appear to any judge of a district court or justice of the . peace that there is probable cause to believe that alcoholic alco-holic liquor is being manufactured, sold, bartered, given away, or otherwise other-wise furnished, or is being kept for the purpose of selling, bartering, giving giv-ing away, or otherwise furnishing In violation of this act, such Judge or magistrate shall Issue a warrant directed di-rected to any officer of the county whom the complainant may designate, having the power to 6erve criminal process, commanding him to search the premises described and designated in such complaint and warrant, and to seize all such alcoholic liquor there found, together with the vessels in wlilch they are contained, and all Implements, Im-plements, furniture and fixtures used or kept for such Illegal manufacturing. manufactur-ing. Belling, bartering, giving away, or otherwise furnishing .of such liquors, li-quors, and safely keep same, and to make return - within three days of said warrant, showing all acts and thiDgs done thereunder, with a particular par-ticular statement of all property seized, seiz-ed, of the person or persons In whose possession the same was found, if any, and if no person be found In the possession pos-session of said property, his return shall so state. A copy of said warrant war-rant shall be served upon the person or persons found in possession of any such alcoholic liquor, furniture or flx-tureB flx-tureB so seized, and If no person be. found In the possession of said property, pro-perty, his return shall so state. A copy of said warrant shall be sened upon the person or persons found in possession pos-session of any such alcoholic liquor, furniture or fixtures so seized, and If no person be found In the possession posses-sion thereof, a copy of said warrant shall be posted on the door of the building or room where the same are. found. Section 7. Upon the return of such warrant as provided in the next preceding section, the magistrate or judge shall fix a time, not less than ten days or more - than thirty day a thereafter, for hearing of said retuni, when he shall proceed to hear and de terralno whether or not the -property so seized or any part thereof was used In violation of any of the provisions pro-visions of this Act. At such hearings, any party may appear and be heard, and If upon such hearing it shall ap? pear that any property so seized was knowingly used, or permitted to be used, in violation of any provision of this Act, the same Bhall be adjudged forfeited to the state. If upon such hearing It shall appear that any property prop-erty so seized was not kept or used for any unlawful purpose, or - if any person shall show that he Is the owner own-er of any furniture, fixtures or other property seized under such warrant, and that the same, or any part thereof, there-of, were unlawfully used without his knowledge or consent, the same shall be returned to Its lawful owners. Section 8. No alcoholic liquor, ves-selc, ves-selc, fixtures, furniture or other property prop-erty seized by virtue of any warrant Issued under the provisions of this act shell be taken from the possession of the officer seizing the same under any replevin or other process. Section 9. No such warrant shall lsuue but upon probable cause, supr ported by oath or affirmation, describing describ-ing as particularly as may be the place to be searched, or the person or thing to be seized. Seizure of Property. - Section 10. When a violation of any provision of this act shall occur in the presence of any sheriff, constable, m?rebal. or other officer having power to sqtvc criminal process, it shall be the duty; of such officer, without warrant war-rant to arrest the offender and seize tin; alcoholic liquor, bars, furniture, fixtures, vessels and appurtenances thereunto belonging so unlawfully used, and to take such offender or offenders of-fenders immediately before the court or Judge having jurisdiction In the premises, and there make complaint, urdor oath, charging the offense bo ommltted, and he Bhall also make return, re-turn, setting forth a particular description des-cription of the alcoholic liquor and property seized, and of the place where the" same was bo seized, whereupon the court or judge shall issue a warrant war-rant commanding and directing the officer to hold the property so seized in his possession until discharged by due process of law. and such property shall be held in like manner as If the seizure had been made under a war-' rant therefor. Landlords Liable. Sec. 11. It shall be unlawful for the owner or owners of any real estate, building, structure, or room to use, PROHIBITION HAD INITIAL ROUND ALCOHOL MAY BE USED FOR THREE PURPOSES Advertising of Sale of Llquor6 Made a Misdemeanor, Place Where Liq-. uor Is Sold a Public Nuisance Prohibition had its Initial round In the house of representatives Saturday when the bill of the anti-ealoou league was introduced by Kepresentativc J. J. Cannon of Salt Lake City. The bill is the strongest prohibition measure ever drawn and goes so far as to prohibit pro-hibit the keeping of liquor -upon a person's per-son's premises. No one is allowed to have any beverage in his possession which contains more than one percen-tun percen-tun of alcohol, or to even give the same away. Under the bill alcohol may be used for but three purposes-medicinal, purposes-medicinal, sacramental or mec'aani-cal. mec'aani-cal. In case that a person needs a stimulant, stim-ulant, should a physician see fit, it can only be secured on a prescription which gives the name of the physician, the person using the drug and the name of the druggist filling out tho same. This certificate must be filed with the county clerk. A person may not receive more than one quart at any one time and prescriptions can oniv be filled once. The advertising of the sale of liquors li-quors Is also made a misdemeanor. Any place where liquor Is sold shall be "deemed a public nuisance. The violation of any of tho provisions calls for a fine of not less than $50 nor more than $500, or not less than 30 days or more than six months In jail. The bill submitted follows: Be It enacted by the legislature of the State of Utah: Section 1. That it shall be unlawful for any person, individual or corporate, corpor-ate, to manufacture, sell, barter, give awav or otherwise furnish, except as In this act provided, any alcoholic liquors; or to solicit the sale or purchase pur-chase of any alcoholic liquor, either in person or by sign circular, letter, card, prlcellst. advertisement or otherwise, other-wise, or to distribute, publish or display dis-play any advertisement, sign or notice no-tice where any such alcoholic liquor may be manufactured, bartered, sold, given away, or otherwise furnished or to "nave the possession of any such alcoholic liquor with the intention of iolating any of the provisions of this act. A violation of any provisions of this section shall be a misdemeanor, and shall be punished by a fine of not less than $50 ' nor more than $500 and by imprisonment for not less than 30 days, nor more than six months; provided, however, that the provisions of this act shall not apply to the manufacture, man-ufacture, sale and use of wine for sacramental purposes In religious bodies. bod-ies. Sec. 2. The term alcoholic liquor, as used in this act, shall be construed to mean all splritous, vinous, fermented ferment-ed or male' liquors or any 'imitation thereof or substitute therefor or compound com-pound of any kind or description whatsoever, whether medicated or not, which contains as much as 1 percentum of alcohol, measured by volume, and which Is capable of being be-ing used as a beverage, except preparations prepar-ations compounded by any - licensed pharmacist, the sale of which would not subject , him to tho payment of Epecial tax required by the laws of the United States. ' Prescription Clause.' Sec. 3. Licensed druggists may sell and furnl6h alcoholic liquor for medicinal med-icinal purposes only upon written 'prescription 'pre-scription of a regular practicing physician physi-cian of this state, in the manner herein here-in prescribed, to-wit: before any physician shall Issue any such proscription, pro-scription, he shall make an actual examination ex-amination of the person for whom the prescription is granted. ,'Tho prescription pre-scription shall be substantially in the following form: ' "State of Utah, County of "I. a regular practicing physician phy-sician under, the laws of said state, do hereby prescribe for the use of a patient in ray charge, whom I havo personally examined of and I do certify that in my opinion tho same is necessary to the alleviation allevi-ation or cure of the illness from which tho patient is Buffering. "Dated "Prescribing Physician' On the Date of Issue. No prescription hereunder shall bo filed hereunder, except upon the day upon which it is dated and issued, or upon the following day. Within 10 days after the same Is filed by the druggist, he shall file said prescription prescrip-tion for record with the clerk of the ! county In which such prescrptlon Is filed, who shall cause the same to be recorded in his office, and a certified cer-tified copy of the same, or the original orig-inal prescription, showing it has been recorded shall be prima facie evidence in any court in this state. The record re-cord containing such prescription shall be open to public inspection. A recording fee of five cents for each prescription so recorded shall be paid by such druggist to the county clerfc. No druggist who is also a practicing physician shall fill his own prescriptions prescrip-tions hereunder. No prescription shall be re-fllled, nor shall more than one quart be furnished upon one prescription. pre-scription. .Nothing in this act shall be so construed as to prevent wholesale druggists from selling All wholesale druggists shall be required re-quired to keep a complete record of all sales of alcoholic liquor, . which record shall at all times be open for inspection to the regular authorities of such counties or citleB -in . which such wholesale stores are ' located. Any physician who 6hall Issue a proscription pro-scription hereunder, containing any false statement, shall be guilty of a misdemeanor; and any druggist who shall fill any prescription for alcoholic liquor, otherwise than herein allowed, or who shall fail to All a prescription prescrip-tion filed by him with the county clerk, within the time prescribed, shall be sruilty of a misdemeanor. Any person who shall obtain alcoholic liquor for another in accordance with the terms hereof, and shall convert .th same to any other use, shall be guilty of a misdemeanor. Denatured Alcohol. Sec. 4. It is further enacted that nothing In this act uhall prohibit the sale of wood or denatured alcohol for art, scientific or mechanical purposes, 1 or grain alcohol for bacteriologists, Railroads Curbed. Sec. 14. It shall ue unlawful for any railroad or other common carrier, or agent thereof, or any other person, Individual or corporate, to ship, receive, re-ceive, transport, carry, handle or deliver de-liver any alcoholic liquor, the sale of which is prohibited by this act, from one point to another within this state, and any person who shall knowingly violate any provision of this section, shall be guilty of a misdemeanor and all liquors so shipped shall be forfeited to the state. Sec. 15. Every wife, child, parent, guardian, employer or other person who shall be injured in person or property, prop-erty, or means of support by any intoxicated intox-icated person or in consequence of intoxication in-toxication of any person, shall have" a right of action for all damages actually sustained, In his or her own name against any person, Individual or corporate, cor-porate, who shall, by selling, bartering, barter-ing, giving away or otherwise furnishing furnish-ing alcoholic liquor, contrary to the provisions of this act, have caused the intoxication of such person. On the trial of any such suit, proof that the defendant, or defendants sold, bartered, barter-ed, '. gave away, or furnished any such alcoholic liquor to such intoxicated person on the day, or about the time (and prior thereto) of such injury, shall he prima facie evidence that the alcoholic liquor so sold, bartered, given away, or otherwise furnished, caused such intoxication. In any action ac-tion by a married woman or other person per-son legally entitled to recover damages dam-ages for loss of support, caused by such intoxication, it shall only be necessary to prove that the defendant, or defendants, defen-dants, has or have given, bartered, sold, or otherwise furnished . alcoholic liquor of any kind to such person, during dur-ing the period when such cause of action ac-tion shall have occurred. Revoking Licenses. Sec. 1C. After the second conviction convic-tion of any physician, apothecary, druggist, pharmacist for violating any of the. provisions of this act, It shall be a part of the judgment of conviction convic-tion that the license to practice medicine medi-cine or pharmacy-is .revoked, and the court before whom such person shall be tried and convicted shall cause a, certified copy of such judgment of conviction con-viction to be certified to the state board having authority to issue such a license. Sec. 17. It shall be the duty of all sheriffs, deputy sheriffs, constables, mayors, marshals, police Judges and police officers of any county, city or town having notice, or knowledge of the violation of this act. to notify the county attorney of tho fact of any such violation, and to furnish him w ith the names of persons within their knowledge knowl-edge by whom such violation can be proved. Advertisements Illegal. Sec. 18. It shall bo unlawful for any newspaper or publisher within the state to publish an advertisement of any alcoholic IJquor or to print or distribute dis-tribute any card or circular advertising advertis-ing or. soliciting the sale of any alcoholic alco-holic liquor. Any person who shall violate any provision of this section, shall be guilty of a mlsdemeanar. Sec. 19. Whenever a violation of any provision of . this act is made a misdemeanor, and the punishment is not prescribed, such punishment shall be a fine of not less than $50, nor more than $500, and imprisonment of not less than 30 days nor more than six months. Sec. 20. Title 39, relating to intoxicating intox-icating liquors, also subdivision 41 of section 206, also subdivision C of section sec-tion 302r Compiled Laws of Utah, 1907, and all other acts and parts of acts in conflict herewith are hereby repealed. re-pealed. ' " , Sec. 21. This act shall take effect on the 1st day of January, 1910. |