Page:Revised Codes of the State of North Dakota 1895.pdf/1368

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§§ 7591-7594
PENAL CODE.
Prohibition

ishable, upon conviction of the misdemeanor, by a fine not exceeding one hundred dollars; and upon conviction of the felony, by imprisonment in the penitentiary not exceeding three years.

§ 7591. Conjointly committed. Punishment. Whenever two or more persons conjointly commit any such malicious trespass. the aggregate value of the materials taken away and removed by each shall be considered in determining the amount in which any such property may have been damaged, and each person shall be considered as having committed such malicious trespass to the extent of the aggregate damage done by all.

§ 7592. How value determined. Whenever one or more persons have committed any acts of malicious trespass, as provided in section 7589, and shall have entered upon the real estate several times and carried away such materials a little at a time, in determining the value that such improvements have been damaged, all the material carried away by any such person being tried, shall be taken into consideration, providing it shall have been taken, carried away and destroyed within one year from the date of his arrest under this chapter.

CHAPTER 63.

PROHIBITION, UNLAWFUL DEALING IN INTOXICATING LIQUORS.

§ 7593. Penalty for manufacturing or sale. Who may sell. Any person, association or corporation, who shall, within this state, directly or indirectly manufacture any spirituous, malt, vinous, fermented or other intoxicating liquor, or small import any of the same for sale or gift as a beverage, or shall keep for sale, or sell or offer for sale or gift, barter or trade, any of such intoxicating liquors as a beverage, shall for the first offense be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than two hundred, nor more than one thousand dollars, and be imprisoned in the county jail not less than ninety days nor more than one year; and for the second and every successive offense. shall be deemed guilty of a felony, and be punished by imprisonment the penitentiary not exceeding two years and not less than one year; provided. that registered pharmacists under the laws of this state any sell intoxicating liquors for medicinal, mechanical, scientific, and wine for sacramental purposes, as hereinafter provided.

§ 7594. Druggist's permit, how obtained. Application to be published. Bond and approval. Appeal. It shall be unlawful for any person or persons to sell or barter, for medicinal. scientific or mechanical purposes. any malt, vinous. Spirituous, fermented or other intoxicating liquors, without first having procured a druggist's permit therefor from the county judge of the county wherein such druggist may be doing business at the time; and such county judge is hereby authorized in his discretion to grant a druggist permit for the period of one year, to any person of good 1334