Page:Revised Codes of the State of North Dakota 1895.pdf/1383

Prohibition. special tax levied under the laws of the United States upon the business of selling distilled, malt or fermented liquor, or the holding of a license from the government of the United States in the name of any person, persons or corporation to sell intoxicating liquor shall be held and deemed prima facie evidence against such person, persons or corporation, that he or they or it are keeping for sale and selling intoxicating liquors contrary to law. And upon trial of every indictment, information or contempt proceedings for a violation of the provisions of this chapter, proof of the finding of intoxicating liquor in the possession of the accused, in any place except his private dwelling house or its dependencies, or in such dwelling house if the same is a tavern, store. public eating house, grocery or other place of public resort, or in unusual quantities in the private dwelling house or its dependencies of any person keeping a tavern, store, public eating house, grocery or other place of public resort, unless in the possession of one legally authorized to sell the same, shall be received and acted upon by the court or judge as presumptive evidence that such liquor was kept for sale contrary to the provisions hereof. No person shall he excused from testifying touching any offense committed by another against any of the provisions of this chapter by reason of his testimony tending to criminate himself (the witness), but the testimony given by such person shall in no case be used against him.

§ 7615. Court's duty. Special charge to grand jury. It shall be and is hereby made the duty of all courts of this state before whom a grand jury is summoned, to charge such grand jury especially concerning this chapter, and direct said jury to inquire particularly of all violations of any of its provisions.

§ 7616. When druggist prohibited from selling liquor upon any terms. Whenever the father, mother, brother, sister, wife, husband or guardian or any relative of any person shall notify any druggist that such person, naming him, is in the habit of becoming intoxicated, and shall forbid said druggist from selling, bartering or giving to such person any intoxicating liquors, it shall be unlawful for any such druggist, after such notice, to let such person have any intoxicating liquors upon any terms or conditions whatever. Any druggist who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall he fined in any sum not less than one hundred nor more than five hundred dollars, and shall be imprisoned in the county jail not less than thirty days nor more than six months.

§ 7617. Treating minor, penalty for. The treating or giving of any intoxicating liquors to any minor by any person other than the father, mother or guardian of such minor or any physician for medical purposes, shall be unlawful, and any person violating the provisions of this section shall for the first offense be deemed guilty of a misdemeanor, and for the second and each succeeding offense be deemed guilty of a felony, and upon conviction thereof shall be punished therefor as provided for unlawfully selling intoxicating liquors.

§ 7618. Liability of common carrier. Any officer, agent or employee of a railroad company, express company or other common carrier who shall within this state knowingly receive, carry or deliver any intoxicating liquors to or for any person to be sold in violation of this chapter, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than one hundred nor more

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