Where the act creating a dispensary and forbidding sales made elsewhere goes into effect on a certain day, and provides that there shall be no prosecutions under the act until said time, and the indictment alleges a sale after said time, a motion in arrest of judgment on the ground that there was no allegation that the dispensary was in operation when the offense was committed, can not be sustained. Newcomb, 126-1104.

DISPENSARY-PUNISHMENT.-Where a dispensary act for a county prescribes the punishment as by fine of "not less than $50, or not less than three months' work on the county roads, or both," and defendant was bound over to court for violating the dispensary act, but the bill found by the grand jury was under the general law, punishment of eight months on the roads is valid under either act. Smith, 126-1058.

Sec. 640 (3532). Sunday, selling on.

If any person shall sell spirituous, or malt, or other intoxicating liquors on Sunday, except on the prescription of a physician, and then only for medical purposes, he shall be guilty of a misdemeanor, and be punished by fine or imprisonment, or both, in the discretion of the court.

Code, s. 1117; 1876-7, c. 38.

Sec. 641 (5168). Dealers in rice beer and bitters.

Any person who shall sell any beverage which partakes of the intoxicating nature of spirituous, vinous or malt liquors, but which shall be designated under such names as rice beer, medicated bitters, champagne cider, cherry cider, orange cider, plum cider, schiedam schnapps or checkers, and who shall fail to comply with the laws regulating the granting of license to liquor dealers, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than two hundred nor more than five hundred dollars, onehalf of which shall go to the informant, or imprisonment not less than three months nor more than three years, at the discretion of the court.

1905, c. 588, s. 61.

Sec. 642 (3512). Adulteration of.

If any person shall adulterate any spirituous, alcoholie, vinous or malt liquors by mixing the same with any substance of whatever kind, except as hereinafter provided, or if any person shall sell or offer to sell any spirituous, alcoholic, vinous or malt liquors, knowing the same to be thus adulterated, or shall import into this state any spirituous or intoxicating liquors, and sell or offer to sell such liquors, knowing the same to be adulterated, he shall be guilty of a misdemeanor and fined and imprisoned, or both, at the discretion of the court.

Code, s. 982; 1858-9, c. 57, ss. 1, 4.

Sec. 643 (3513). Adulteration of, selling recipe for.

If any person who shall sell or offer to sell any recipe or formula whatever for adulterating any spirituous or alcoholic liquors, by mixing the same with any substance of whatever kind, except as is hereinafter provided, he shall be guilty of a felony, and fined and imprisoned as is provided in the preceding section: Provided, that this section and sections three thousand five hundred and twelve and three thousand five hundred and twenty-two shall not be so construed as to prevent druggists, physicians, and persons engaged in the mechanical arts from adulterating liquors for medical and mechanical purposes.

Code, s. 984; 1858-9, c. 57, ss. 2, 3.

Sec. 644 (3514). Dispensary officer or employee violating rules, etc.

If any officer or employee of a dispensary established by law shall violate any of the rules and regulations prescribed by the governing body of the city or town in which said dispensary is located, or by the dispensary commissioners, which said rules and regulations are hereby declared to be ordinances of said city or town, he shall be guilty of a misdemeanor, and shall, upon conviction, be fined or imprisoned, or both, in the discretion of the

court.

1903, c. 233, s. 17.

Sec. 645 (3515). Drinking on, or refusing to leave dispensary premises.

If any person shall drink liquor on the premises on which any dispensary is located, or shall refuse or fail to leave said promises, after being ordered by the manager so to do, he shall be guilty of a misdemeanor and fined not more than fifty dollars, or imprisoned not more than thirty days.

1903, c. 233, s. 14.

Sec. 646 (3516). Druggists failing to keep record of sales.

If any druggist shall fail to keep the record of sales of liquor, or shall refuse to permit examination of such record by the officers and other persons, as by law provided, he shall be guilty of a misdemeanor, and fined or imprisoned, or both, in the discretion of the court.

1903, c. 233, s. 5.

Sec. 647 (3517). Furnishing to inmates of institutions.

If any person shall sell or give to any inmate of any charitable or penal institution any intoxicating drink, any narcotic or poison or poisonous substances, except upon the prescription of a physi

cian, or shall give or sell to any such inmate any deadly weapon, or any cartridge or ammunition for firearms of any kind, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined or imprisoned at the discretion of the court, and if he be an officer or employee of any institution of the state, be dismissed from his office.

1899, c. 1, s. 52.

Sec. 648 (3518). Local option territory, sale in.

If any person shall sell any spirituous, vinous or malt liquors within any city, county, town or township, in which a majority has voted for no license, he shall be guilty of a misdemeanor, and be fined or imprisoned, or both, at the discretion of the court.

Code, s. 3116; 1887, c. 215, s. 3.

Sec. 649 (3519). Local option territory, sale by druggist.

If any druggist shall sell or otherwise dispose of any spirituous, vinous or malt liquors except for bona fide medical purposes and upon the prescription of a practicing physician, licensed by the state board of medical examiners, known to such druggist to be of reputable standing in his profession or recommended as such by a physician who is so known, which prescription shall be in writing, signed by such physician, and shall specify the name of the person to be supplied and quantity or dose, or if any physician or other person shall give, procure or aid in procuring any false or fraudulent prescription for any spirituous, vinous or malt liquors in violation of the provisions of the preceding section, he shall be guilty of a misdemeanor, and on conviction shall be fined or imprisoned at the discretion of the court. And no physician shall give a prescription to any drug store in which he is financially interested, and nothing contained in this section shall be construed as authorizing any druggist to refill any prescription for intoxicating liquors.

Code, s. 3116; 1887, c. 215, s. 4; 1889, c. 375, s. 5.

Sec. 650 (3520). Manager of dispensary buying, without authority; adulterating; making false entry on books.

If the manager or clerk of a dispensary shall procure any intoxicating liquors from any person other than those that the dispensary board shall direct, and offer the same for sale, or shall adulterate or cause to be adulterated, any intoxicating, spirituous, vinous or malt liquors, by mixing with coloring matter or any drug or ingredient whatever, or shall mix the same with water or with other liquor of different kind or quality, or shall make a

false entry in any book or returns required by law, he shall be guilty of a misdemeanor.

1903, c. 233, s. 14.

Sec. 651 (3521). Manufacture of, out side of towns.

If any person shall manufacture or rectify any spirituous, vinous or malt liquors, or intoxicating bitters, except in incorporated cities or towns, having not less than one thousand population wherein the manufacture of liquor is not now, or may not hereafter be prohibited by law, or regulated by special statute, he shall be guilty of a misdemeanor and be imprisoned not less than four months nor more than two years; upon a second conviction he shall be guilty of a felony and be imprisoned not less than one nor more than three years, and be fined not less than one hundred dollars nor more than one thousand dollars, or both. This section shall not be constructed to prohibit the manufacture of wine or cider from grapes, fruit, or berries grown on the lands of the manufacturer or purchased by the manufacturer from the growers thereof, nor to brandy manufactured from fruit or grapes.

1903, c. 233, ss. 1, 4; 1905, c. 339, s. 2.

Sec. 652 (3522). Manufacturing or selling poisonous.

If any person shall manufacture, sell, or in any way deal out spirituous liquors, of any name or kind, to be used as a drink or beverage, and the same shall be found to contain any foreign properties or ingredients poisonous to the human system, he shall be guilty of a felony and imprisoned in the state's prison not less than five years, and may be fined in the discretion of the court. It shall be competent for any citizen after making purchase of any spirituous liquors to cause the same to be analyzed by some known competent chemist, and if upon such analysis it shall be found to contain any foreign poisonous matter it shall be prima facie evidence against the party making such a sale.

Code, s. 983; 1873-4, c. 180, ss. 1, 2.

Sec. 653 (3523). Minors, purchase for, from dispensary.

If any person shall knowingly purchase any liquors from any dispensary for any minor or for any other person to whom the sale of liquors shall have been forbidden by the commissioners of such dispensary he shall be guilty of a misdemeanor.

1905, c. 458, s. 2.

Sec. 654 (3524). Minors, selling to.

If any dealer in intoxicating drinks or liquors sell, or in any manner part with for a compensation therefor, either directly or

indirectly, or give away such drinks or liquors, to any unmarried person under the age of twenty-one years, knowing the said person to be under the age of twenty-one years, he shall be guilty of a misdemeanor; and such sale or giving away shall be prima facie evidence of such knowledge. Any person who keeps on hand intoxicating drinks or liquors for the purpose of sale or profit shall be considered a dealer within the meaning of this section. Code, s. 1077; 1873-4, c. 68; 1881, c. 242.

MINOR DRINKING WITH AN ADULT.-A liquor seller who supplies liquors to a minor to drink at the request of an adult who pays the price and drinks *with him, is guilty of selling to the minor. Best, 108-747.

SALE BY PARTNER OR CLERK.-Where one partner is present and sees the other partner sell to a minor, or either or both permit a clerk to do the same thing in their presence, an indictment will lie against both or either who may be present, just as though he had actually delivered the drinks. Scoggins, 107-959.

SON BUYING FOR FATHER.-Where a father sends his minor son to buy whiskey for him, and the dealer delivers the whiskey to the son knowing it was for the father, the dealer is not guilty of selling to a minor. Walker, 103-413.

ACCESSORIES.-One who induces a liquor seller to furnish liquor to a minor, and who pays for the liquor himself, is guilty as an aider and abettor of the dealer. Best, 108-747.

PERMISSION OF MINOR'S FATHER.-One who sells to an unmarried minor is guilty, notwithstanding the father of the minor gave the dealer permission to sell to his son. Lawrence, 97-492.

SELLER PRESUMED TO KNOW AGE.-The seller is presumed to know that the person to whom he furnishes the liquor is a minor. Scoggins, 107—959.

DEMURRER TO EVIDENCE.-Where the evidence is that the person to whom the liquors were charged to have been sold was eighteen years old, and his appearance clearly indicates such fact; that he repeatedly within the last two years went to defendant's bar-room with an adult acquaintance, to whom he had given the money to purchase liquors before entering the bar; that the adult would call for the drinks and pay for them, and the defendants would pour out the drinks and hand them to the minor and adult, a demurrer to the evidence for that it does not show that both defendants participated in any one sale, is properly overruled, and it is proper to charge that if the jury believe the evidence defendants are both guilty. Scoggins, 107-959.

SELLING ON PHYSICIAN'S CERTIFICATE.-A liquor dealer who sells by the quart on a physician's certificate, without having a license to sell by the quart, is guilty, though he honestly believe the whiskey was to be used for medical purposes. Distinguishing State v. Wray, 72-253. Dalton, 101–680. PHYSICIAN AND DRUGGIST A DEALER.-A practicing physician who keeps whiskey for sale in his drug store is a "dealer" within the meaning of the statute, and may be convicted for prescribing for and selling to a minor such liquors as a medicine, notwithstanding he acted in perfect good faith. Davis, J., dissenting. McBrayer, 98-619.

The general law (Code, sec. 1077) is not affected by Laws, 1876-77, c. 133, and Laws 1873-4, prohibiting the sale of liquors in the town of Shelby, except by "practicing physicians and for medical purposes only." Ibid.