Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1880-03-20

doubled, Win tne costs OF Prosecuplon
in each case added and the impris-
onment for every subsequent conyic-
ton, STALL be alike double of that
next preceding.
SEC. 8. And be II enacted, That no
person, corporation, company or asso-
citation shall deposit, or have in his,
her or its possession, any Intoxicating
liquors, with intent to sell the same
| in violation Of law, or with intent that
the same be soldaby any person, corr
poration, company or association, Or
to aid and assist any person, corpora
ton, company or association in such
sale; and any person, corporation,
company or association violating the
provisions Of this section, shall be
subject to theslike fines and punish
msnts as are prescribed for violations
| of the second section of this Act.
SEo. 4. And be it enacted, That all
prosecutions for violations of the pro-
visions Of this Act, may be either up
on 'pfesentment and indictment, or
by trial before Justices of the Peace,
who shall'have jurisdiction, original
and concurrent with the Circuit
of said county; provided, that in all
cases where Justices of the Peace,
have jurisdiction as aforesaid, either
party may have a jury trial proud
ed, the same is fled before trial before
the Justice of the Peace. ..I-'
SEC. 5. And be it enacted, That
States Attorneys and Justices of the
Peace, having knowledge Of any pre-
vious conviction of any person &C.
cused of violating the provisions Of
this Act, in preparing warrants, pre-
sentiments and indictments, shall al
lege such previous conviction therein,
and it shall be the duty Of the Clerk
of the Circuit Court to furnish such
information to the States Attorneys
and Grand Juriss; but it shall not
be necessary to set forth particularly
in any such presentment or indict-
ment, the record of a former convic-
ton, but it shall be sufficient to allege
briefly that said person, corporation,
company or association has been con-
victed of violation Of any particu-
lar provisions Of this Act, and any
such indictment or proceeding may be
amended at any stage Of the proceed
ings, before final judgment, and as a
matter Of right.
| Sec. 6 And be IL enacted, That
nothing herein contained shall be con-
strued to prevent the sale of intoxi-
eating liquors for medicinal purposes
but no sale of such prohibited liquors
| shall be deemed sale for medicinal
purposes unless the buyer presents
the prescription of some respectable
physician, or unless the seller be ply
sician, in which case he shall take the
buyers certificate of the facts upon
which he Acts; said prescription and
certificate, in all cases, shall be PROOF
of bona fides on the part of the sell
Ter, unless collision be shown, and if il
be shown the buyer procured pre-
scription by misrepresentation, OF
subscribed false or fraudulent GER
ti6cate, he shall be guilty of a INSIDE
meanor, and on conviction shall be
punished in the same manner and to
the same extent as the seller would
have been had he been found guilty
of a violation of the provisions Of
this Act; and no such physician shall
give a prescription for the purchase
of more than one dose Of such prohib-
tied liquora, as medicine, at any one
time, and any physician who shall, by
collision or otherwise, violate the
provisions of this section, shall on
conviction, be punished in the same
manner. and to the same extent as the
seller would have been had he been
found guilty Of violation of the same.
SEC. 7. Andbe IL enacted, That on
the first Tuesday after the first Mon
day in November, eighteen hundred
and eighty, an election shall be held
in Allegany county, and that thejud-
ges of election appointed in the usual
manner to conduct the election for
for Members Of Congress, shall con-
duct the election herein provided for
| and shall receive tickets, written or
printed, from the legal voters of said
county, on which shall be written or
printed, respectively. "For License, !"
or Against License" and the said
tickets shall be counted and returned,
as other ballots are counted and re-