Page:Revised Codes of the State of North Dakota 1895.pdf/1371

Prohibition. tion shall be punished by a fine of not less than fifty nor more than one hundred dollars. Before the petition of a druggist for a permit to sell intoxicating liquors shall be heard by the county judge the applicant shall pay a fee of five dollars to the county judge, who shall pay the same into the county treasury on or before the first day of the following month for the benefit of the general revenue fund.

§ 7595. Physician may prescribe, under what conditions. Any physician who is lawfully and regularly engaged in the practice of his profession as a business, and who, in case of actual need, shall deem any intoxicating liquors necessary for the health of his patients, may give such patient a written or printed prescription therefor, stating in said prescription particular disease which it is given, or may administer the same himself; but no such prescription shall be given or liquors administered, except in cases of actual need, and when, in his judgment, the use of intoxicating liquors is necessary. And every physician who shall give such prescription or administer such liquors in violation of this chapter, and every physician who shall give to or write for any person a prescription for intoxicating liquors for the purpose of enabling or assisting any person to evade any of the provisions of this chapter, or for the purpose of enabling or assisting any person to obtain any intoxicating liquors for use as a beverage, or to be sold or disposed of in any manner, in violation of the provisions of this chapter, shall be deemed guilty of a misdemeanor. and upon conviction thereof, shall be punished by a fine of not less than three hundred, nor more than eight hundred dollars, and by imprisonment in the county jail not less than thirty days nor more than six months.

§ 7596. Druggist sale regulated. Affidavits. Oaths. Blanks furnished. Sales recorded. Penalty. Any druggist having a permit to sell intoxicating liquors under the provisions of this chapter, may sell the same only by himself in person, or by a clerk who is a registered pharmacist or assistant pharmacist under the laws of this state. for medical purposes only, upon the printed or written affidavit of the applicant, setting forth the particular medical purposes for which such liquor is required, the kind and quantity desired: that it is necessary and actually needed for the particular purpose, by the patient to be named; and that it is not intended for a beverage, nor to sell or give away; that the applicant is over twenty-one years of age; which affidavits shall be in the following form and subscribed by the applicant in ink:

No................................Date.....................

State of North Dakota,

ss.

County of

I, the undersigned, do solemnly swear that my real name is ............... that I reside at........... county, state of............; that..... of... is necessary and actually needed by..... to be used as a medicine for the disease of..... that it is not intended as a beverage, nor to sell nor to give away, and that I am over twenty-one years of age. I therefore make application to..........druggist, for said liquor.

................................Applicant.

Subscribed in my presence and sworn to before me this........ day of ............ 18...

...............................Pharmacist. 1337