company to bring or carry into this State, intoxicating liquors for another, even when intended for personal use, other than pure grain alcohol and wine, and such preparations for druggists as may be sold by them for special purposes and the manner set forth in Sections four and twenty-four.:

SEC. 20. Any citizen or organization within this State may employ an attorney to assist the prosecuting attorney to perform his duties under this Act, and such attorney shall be recognized by the prosecuting attorney and the court as associate counsel in the proceedings; and no prosecution shall be dismissed over the objection of such associate counsel until the reasons of such prosecuting attorney for such dismissal, together with the objections thereof of such associate counsel, shall have been filed in writing, argued by counsel and fully considered by the court.

1

SEC. 21. The prosecuting attorney of any county, with the approval of the governor, or of the court of the county vested with authority to try criminal offenses, or of the judge thereof in vacation, may, within his discretion, offer rewards for the apprehension of persons charged with crime, or may expend money for the detection of crime. Any money expended under this Section shall, when approved by the prosecuting attorney, be paid out of the county fund in the same manner as other county expenses are paid.

SEC. 22. In all cases arising under this statute the State shall have the right to appeal.

SEC. 23. This entire Act shall be deemed an exercise of the police powers of the State for the protection of public health, peace and morals, and all of its provisions shall be liberally construed for the attainment of that purpose.

SEC. 24. All acts and parts of acts, so far as in conflict with this Act, are hereby repealed.

SEC. 25. If any corporation or association shall violate any of the provisions of this Act, any officer, agent or employee thereof acting for it in any such unlawful act, or authorizing the same to be done, shall be personally guilty thereof the same as though such officer, agent or employee himself had committed the offense, and shall be subject to all of the fines, penalties and imprisonments therefor.

SEC. 26. If any State, county, district or municipal officer, or any municipal police, shall fail, refuse or neglect to discharge any duty imposed upon him by law, prohibiting the manufacture, sale, keeping and storing for sale of intoxicating liquors, he shall be removed from office in the manner provided in this Section. Such removal shall be made by the District Court of the county wherein such officer resides. The charges against any such officer shall be reduced to writing, and entered of record by the court, and a summons shall thereupon be issued by the clerk of such court, containing a copy of the charges, and requiring the officer named therein to ap

pear and answer the same as in other civil actions, which summons may be served in the same manner as a summons in civil action, and the service must be made at least five days before the return day thereof. And the court itself shall, without a jury, hear the charges, and upon satisfactory proof thereof, remove any such officer from the discharge of the duties of his office, and place the records, papers and property of his office in the possession of some other officer or person for safekeeping until the vacancy is filled. Any vacancy created under this Section shall be filled in the manner required by law as to county and district officers, and in the manner prescribed by the ordinances of the municipality. Any citizen of the county, district or municipality, as the case may be, or the commissioner of prohibition, may prefer and prosecute to final judgment charges for removal against any of the officers, including municipal police, mentioned in this Section. The word "officer," as used herein, shall include and embrace municipal police. Either party shall have the right of appeal to the Supreme Court of the State from the judgment of the District Court.

SEC. 27. Whenever it shall appear to any District Court before which is pending any charge for an offense under this Act, that the State cannot have a fair and impartial trial by jury in the county where such action is pending, the court shall enter an order to that effect, and shall order that such cause be transferred to some other District Court in this State to be selected by the judge ordering such transfer; and the trial of such cause shall proceed before the court to which it is so transferred the same as is now provided in cases of change of venue.

SEC. 28. Justices of the peace shall have concurrent jurisdiction with the District Court for the trial of first offenses arising under this Act; Provided, That the district attorney or the commissioner, or any of his deputies, shall have the right before trial to elect whether the case shall be tried and judgment entered, or whether the justice shall hold a preliminary hearing to determine whether the accused shall be held to the District Court; Provided, further, That if the defendant shall plead guilty, the justice shall enter judgment on the charge. Justices of the peace shall not impose a fine greater than five hundred dollars, nor imprisonment in the county jail longer than six months. The justice shall certify to the district attorney a transcript from his docket of the judgment in the case and a copy of all bonds given by the defendant. Whenever the district attorney shall appear for the State in any prosecution before a justice's court for an offense under this Act, there shall be allowed and taxed as a part of the costs taxable against the defendant, an attorney's fee of ten dollars. The State shall have the same right as the defendant to an appeal from the judgment of the justice. Any transcript of a judgment, so certified by a justice of the peace shall be admissible evidence upon the trial of the accused for a second offense under this Act.

SEC. 29. Any person called on behalf of the State to testify concerning any violations of this Act, who shall give freely and truthfully any testimony tending in any way to incriminate himself, shall be immune from prosecution under this Act.

SEC. 30. It shall be unlawful for any person in this State to receive, directly or indirectly, intoxicating liquors from a common or other carrier. It shall also be unlawful for any person in this State to possess intoxicating liquors, received directly or indirectly from a common, or other carrier in this State. This Section shall apply to such liquors intended for personal use, as well as otherwise, and to interstate, as well as intrastate, shipments or carriage. Any person violating this Section shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars nor more than one thousand dollars, and in addition thereto may be imprisoned in the county jail not more than twelve months; Provided, however, That druggists may receive and possess pure grain alcohol, wine and such preparations as may be sold by druggists for the special purpose and in the manner as set forth in Section four.

NEW HAMPSHIRE

LAWS 1919, CHAPTER 99

NOTE: This act amends Laws 1917, Chapter 147, by repealing sections 2 to 18 inclusive, also sections 19, 20, 21, 34, 37, 56, 57 and 59 and substitutes the following provisions: (The original act of 1917 will be found in Federal and State Laws Relating to Intoxicating Liquor, 2nd Edition, pp. 416, 430. The sections there given not repealed by this act, with the exception of section 50 amended by Chapter 54 of the Laws of 1921, are still in force.

LEGAL SALE-STATE AGENTS

SEC. 2 The Governor, with the advice and consent of the council, shall from time to time appoint one or more suitable persons, residents of the state, to be known as state liquor agents, who, on such terms and under such regulations and restrictions as to him, the governor, may seem wise and proper, shall furnish pure and unadulterated spirituous, vinous and malt liquors to such persons and institutions as are authorized by Chapter 147 of the Laws of 1917 and amendments thereto to procure the same from him for medicinal, sacramental, scientific and mechanical purposes; provided, however, that the terms, regulations and restrictions made by the governor shall not be inconsistent with any provisions of Chapter 147 of the Laws of 1917 or amendments thereto. The state liquor agent so appointed shall hold office during the pleasure of the governor and council until another is appointed in his stead.

SEC. 2 Further amend Chapter 147 of the Laws of 1917 by striking out all of Sections 3 to 18 inclusive and substituting therefor the following: Section 3. The state liquor agent so appointed shall give bond to the state in such sum, not less than ten thousand dollars, as the governor may deem sufficient, with condition that the agent so appointed shall furnish only pure and unadulterated liquors which are of standard quality and sufficient age and have been tested by a competent assayer, upon the terms and in conformity with the regulations and restrictions prescribed by the governor, and in conformity with the laws providing therefor. Section 4. The violation of any of the provisions of Chapter 147 of the Laws of 1917 and amendments thereto, by the state liquor agent shall be punished by a fine of one hundred dollars, or imprisonment for three months, or both, and the forfeiture of his bond. Section 5. The governor with the advice and consent of the council, shall fix the salary of the agent and the salary and expenses shall be paid by the state on the warrant of the governor. Section 6. The governor, upon the appointment of the state liquor agent shall give public notice, in such manner as he may deem proper, of the appointment and the terms, restrictions and regulations by him prescribed for the government of the agent. Section 7. The appointment of the state liquor agent shall not pledge the credit of the state for the payment for any liquors purchased by him. Section 8. The state agent appointed under this Act, on or before the first of October, annually, shall

make and file with the governor and council an itemized report under oath, of all purchases made by him, and from whom purchased; the cost thereof per gallon, quart, or case; and of all sales, the prices received, and the quantities and kinds sold to each person or institution authorized by Chapter 147 of the Laws of 1917 and amendments thereto to procure the same from him, for the fiscal year ending the thirty-first day of August preceding, which report shall be filed in the office of the secretary of state, and a duplicate copy thereof shall be filed in the office of the state commissioner of law enforcement, and open to inspection of persons interested therein.

DRUGGIST PERMIT

SEC 9. If a town at a regular or special town meeting, or a city government, shall vote in favor of a permit to druggists for the sale of liquor in the town or city for medicinal, sacramental, scientific and mechanical purposes, the mayor of the city or select-men of the town. may give such permit to a druggist applying for the same in the city

or town.

SEC. 10. The druggist's permit provided for in this act shall be in the following form, for which the druggist receiving the same. shall pay a fee of one dollar:

STATE OF NEW HAMPSHIRE

This is to certify that A..

B....

a duly registered pharmacist doing a regular business as a druggist in the city or town of .... is hereby authorized by his official permit to sell liquor for bona fide medicinal use on the prescription of a regular physician, who is practicing his profession in the state; and also to sell wine for sacramental use on the purchasing certificate of an officer of the church for which such sacramental wine is intended; and to sell alcohol for mechanical or scientific use on the certificate of the purchaser stating the particular mechanical or scientific use for which such alcohol is intended; such sales to be made in accordance with the law providing therefor. All intoxicating liquor sold under this permit must be plainly labeled. The labels must bear the name and address of the druggist, state the name of the liquor, and give the physician's name and his direc tions for the use of the liquor.

Signed..

Mayor or Selectmen.

SEC. 11. Such permit shall not be for more than one year, and all permits shall expire by limitation April 30 of each year. A druggist receiving such permit shall procure all liquors to be possessed, used or sold by him from the state liquor agent and from him only.

SEC. 12. A druggist with a permit as provided in this Act may sell intoxicating liquor for medicinal use, only upon the prescription. only one sale shall be made on any prescription; and the prescription