subsequent conviction of violating any provisions of this Act whether for the first time or not. This shall not apply to sections five, six, ten and eleven of this Act. Provided, however, that if the evidence in such case convinces the court that the person convicted of transporting intoxicating liquors in violation of this Act, was in charge of and used any wagon, buggy, automobile, water or air craft, or other vehicle or conveyance not owned by him, or without permission of the owner, or when such vehicle or conveyance so used was mortgaged property, or if there be in or upon such conveyance so used, or upon any person therein any firearms, or guns, he shall be deemed guilty of a felony, and be punished by imprisonment in the penitentiary not less than six months and not more than five years.

SEC. 14. Repeal. All acts, or parts of acts in conflict with this Act are hereby repealed.

SEC. 15. Emergency. Whereas this Act is intended to bring the prohibition laws of North Dakota into full accord with the Eighteenth Amendment and the Volstead Act, it is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval.

Approved February 18, 1921.

NOTE: The 16th Legislative Assembly of 1919 at its regular session, enacted a statute (Chapter 6, Laws 1919) requiring soft drink establishments, pool rooms, and other amusement places to take out a license and be subject to inspection. At a special session the same year, 1919, by Chapter 56, Laws of 1919 (Special Session) the legislature provided for the creation of a State sheriff to be appointed by the governor to enforce all criminal laws of the State. For this purpose he is empowered to appoint deputies and is given control over the several sheriffs and deputy sheriffs of the state who form the state constabulary. The same session of the legislature by Chapter 2 amended the law passed by the regular session, Chapter 6, and placed the inspection of soft drink establishments, etc., under the State sheriff. For prior legislation see Federal and State Laws Relating to Intoxicating Liquor, 2nd Edition, pp. 482-510.

OHIO

CONSTITUTION OF OHIO

ARTICLE XV

SECTION 9. The sale and manufacture for sale of intoxicating liquors as a beverage are hereby prohibited. The General Assembly shall enact laws to make this provision effective. Nothing herein contained shall prevent the manufacture or sale of such liquors for medicinal, industrial, scientific, sacramental or other non-beverage purposes.

Adopted November 5, 1918.

LAWS 1920, CHAPTER

(H. B. No. 620)

An Act to prohibit the liquor traffic and to provide for the administration and enforcement of such prohibition and repeal certain sections of the General Code.

SECTION 1. This Act shall be deemed to be an exercise of power granted in article XV, section 9, of the Constitution of Ohio and the police power of the state and its provisions shall be liberally construed to carry out the provisions of this Act.

SEC. 2. In the interpretation of this Act (1) the word "liquor" or the phrase "intoxicating liquor" shall be construed to include alcohol, brandy, whisky, rum, gin, beer, ale, porter, and wine, and in addition thereto any distilled, spirituous, malt, vinous, or fermented liquor, and also any liquid or compound whether or not same is medicated, proprietary, or patented, and by whatever name called, containing one-half of one per cent or more of alcohol by volume which is fit for use for beverage purposes; Provided, that the foregoing definition shall not extend to de-alcoholized wine, nor to any beverage or liquid produced by the process by which beer, ale, porter, or wine is produced, if it contains less than one-half of one per centum of alcohol by volume, and is made as prescribed in Section 37, Title II of the Act of Congress known as the "National Prohibition Act" passed October 28, 1919.

2. The term "given away" and the term "possess" shall not apply to intoxicating liquor in a bona fide private dwelling.

3. The word "person" shall mean and include actual persons. firms, associations, co-partnerships and corporations.

4. The term "alcohol" shall mean ethyl alcohol.

Whoever knowingly sells, furnishes or gives away wood alcohol or any preparation or compound containing wood alcohol to be used for beverage purposes and death results therefrom shall be guilty of murder.

SEC. 3. No person shall, after the passage of this Act, manufacture, sell, barter, transport, import, export, deliver, furnish, receive, give away, prescribe, possess, solicit or advertise any intoxicating liquors, except as authorized in this Act. Liquor, and liquor

preparations and compounds for non-beverage purposes, and wine for sacramental purposes may be manufactured, purchased, sold, bartered, transported, imported, exported, delivered, furnished, received, given away, possessed, prescribed, solicited and advertised, but only in accordance with the provisions of Title II of the act of Congress known as the "National Prohibition Act," passed October 28, 1919.

SEC. 4. It shall be unlawful to have or possess any liquor, or property designed for the manufacture of liquor, intended for use in violation of law or which has been so used, and no property rights shall exist in any such liquor or property. A search warrant may issue, and proceedings had thereunder, as provided in sections 13482 to 13488 inclusive of the General Code so far as the same may apply, and such liquor, the containers thereof, and such property so,seized shall be subject to such disposition as the court may make thereof. If it is found that such liquor or property was so unlawfully held or possessed, or had been so unlawfully used, the liquor or property designed for the unlawful manufacture of liquor shall be destroyed unless the court shall order it to be disposed of as provided in public act 66 federal statutes. No search warrant shall issue to search any private dwelling occupied as such unless it is being used for the unlawful sale of intoxicating liquor, or unless it is in part used for some business purpose such as store, shop, saloon, restaurant, hotel or boarding house. The term "private dwelling" shall be construed to include the room or rooms used and occupied not transiently but solely as a residence in an apartment house, hotel, or boarding house. The property seized on any such warrant shall not be taken from the officer seizing the same on any writ of replevin or other like process.

SEC. 5. Any person who violates the provisions of this Act for a first offense shall be fined not less than one hundred dollars nor more than one thousand dollars; for a second offense he shall be fined not less than three hundred dollars nor more than two thousand dollars; for a third and each subsequent offense, he shall be fined not less than five hundred dollars nor more than two thousand dollars and be imprisoned in the state penitentiary not less than one year nor more than five years. The penalties provided in this Act shall not apply to a person for manufacturing vinegar, or nonintoxicating cider and fruit juices exclusively for use in his home, but such cider and fruit juices shall not be sold or delivered after they become intoxicating except to persons having permits from the United States government to manufacture vinegar. Nothing herein shall be construed to prevent the sale of vinegar and said penalties shall not apply to any such sale.

SEC. 6. Any justice of the peace, mayor, municipal or police judge, probate or common pleas judge within the county with whom the affidavit is filed charging a violation of any of the provisions of

this Act, when the offense is alleged to have been committed in the county in which such mayor, justice of the peace, or judge may be sitting, shall have final jurisdiction to try such cases upon such affidavits without a jury, unless imprisonment is a part of the penalty, but error may be prosecuted to the judgment of such mayor, justice of the peace, or judge as herein provided. And in any such cases where imprisonment is not a part of the penalty, the defendant can not waive examination nor can said mayor, justice of the peace, or judge recognize such defendant to the grand jury; nor shall it be necessary that any information be filed by the prosecuting attorney or any indictment be found by the grand jury.

SEC. 7. Money arising from fines and forfeited bonds shall be paid one-half into the state treasury credited to the general revenue fund, one-half to the treasury of the township, municipality or county where the prosecution is held, according as to whether the officer hearing the case is a township, municipal, or county officer.

SEC. 8. A petition in error shall not be filed in any court to reverse a conviction for a violation of this Act, or to reverse a judgment affirming such conviction, except after leave granted by the reviewing court. Such leave shall not be granted except for good cause shown at a hearing of which counsel for the complainant in the original case shall have had actual and reasonable notice. Such petition in error must be filed within thirty days after the judgment complained of, and the case shall be heard by such reviewing court within not more than thirty court days after filing such petition in error. When the reviewing court is not in session within the time provided for, the motion for leave to file the petition in error and the petition in error may be filed with, and heard by, such reviewing court within ten days after it is in session.

SEC. 9. The provisions of an act to provide for license to traffic in intoxicating liquors, as found in Volume 103, Ohio Laws, at pages 216-243, known as sections 1261-16, 1261-17, 1261-18, 1261-19, 1261-20, 1261-21, 1261-22, 1261-23, 1261-24, 1261-25, 1261-26, 1261-27, 1261-28, 1261-29, 1261-30, 1261-31, 1261-32, 1261-33, 1261-34, 1261-35, 1261-36, 1261-37, 1261-38, 1261-39, 1261-40, 1261-41, 1261-42, 1261-43. 1261-44, 1261-45, 1261-46, 1261-47, 1261-48, 1261-49, 1261-50, 1261-51, 1261-52, 1261-53, 1261-54, 1261-55, 1261-56, 1261-57, 1261-58, 1261-59, 1261-60, 1261-61, 1261-62, 1261-63, 1261-64, 1261-65, 1261-66, 1261-67. 1261-68, 1261-69, 1261-70, 1261-71, 1261-72, 1261-73 and amendments thereto, and sections 6064, 6065, 6066, 6070, 6087, 6088, 6089, 6091. 6102, 6103; 6104, 6105, 6106 of the General Code, and amended Senate Bill No. 162 passed June 16, 1919, and approved June 21, 1919, House Bill No. 526, passed June 17, 1919, and approved June 21, 1919, and House Bill No. 527 passed June 17, 1919, and approved June 21, 1919, are hereby repealed.

All provisions of law inconsistent with this Act are repealed only to the extent of such inconsistency.

SEC. 10. The provisions of this Act shall take effect and be in force on and after its passage.

To Supplement Sections 6212-15 and 6212-17 of the General Code and to Provide Further Restrictions

SECTION 1. That section 6212-15 of the General Code be supplemented as follows:

SEC, 6212-15a. Nothwithstanding the provisions of section 6212-15 of the General Code, no intoxicating liquor except pure grain or ethyl alcohol or spirituous liquor in quantities of one-half pint in any period of ten days, for the aged, infirm and known sick or alcoholic medicinal preparations which have been named or hereafter shall be named by the Federal Prohibition Commissioner and held to be fit for beverage purposes and listed in the U. S. P. and N. F. shall be manufactured, sold, prescribed or dispensed for medicinal purposes.

SEC. 6212-15b. No person unless he first obtains a permit in conformity with the Federal Prohibition Law in reference thereto, as may be required, to manufacture, use, sell, purchase or transport liquor, or to prescribe alcohol, or to sell wine for sacramental purposes, or to manufacture liquor, or liquor preparations or compounds for non-beverage purposes, or to manufacture liquor, or liquor preparations or compounds for non-intoxicating beverage purposes, shall manufacture, use, sell, purchase or transport any liquor, or prescribe alcohol, or sell wine for sacramental purposes, or manufacture any liquor preparations or compounds for non-beverage purposes, or manufacture any liquor, or liquor preparations or compounds for non-intoxicating beverage purposes, respectively, and, further, unless the person obtaining such permit shall also within ten days after receiving the same file a copy thereof with the commissioner of Prohibition of Ohio; provided, that an affidavit of the person to whom the permit has been issued, or his agent, to the effect that the same is a true copy of the original permit, shall be attached to said copy The Commissioner of Prohibition of Ohio on receiving said copy shall immediately file the same, and appropriately index the same in a separate book to be kept for that purpose in his office, which book shall be at all times open to public inspection; provided, further, that this Act shall not apply to ethyl alcohol lawfully denatured in accordance with the formulae prescribed by the Commissioner of Internal Revenue under the provisions of section 10, of Title III of the National Prohibition Act, or any amendments thereto.

SEC. 2. That section 6212-17 of the General Code be supplemented as follows: