Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1880-09-25
PUBLIC LOCAL LAWS.
CHAPTER 427.

AN ACT 10 prohlDlt the sale OF lntoXlcal-
ing liquors in Allegany county, provided
the qualified voters thereof shall so de-
termine in the manner herein provided.
SECTION 1. Be ii enacted By the General
assembly Of Maryland, That no person,
company or association shall
be Mt any time allowed to sell by himself,
herself or ITSELF his, her or its clerks, SER
want or agent, directly or indirectly, any |
intoxlcatingliquors of whatever origin in
Allegany county, except as hereinafter |
provided; and that any wine, ale, potter, |
strong beer, lager beer and all other malt |
liquors, and any compound or compost |
ton III which alcohol forms the chief or |
principal ingredient, when kept or deposit |
ed with intent to sell the same for drink
ing or tipping purposes, as well as other
distilled spirits shall be considered as in
toNicating within the meaning of this act
but that this enumeration shall not prevent |
any other pure o. mixed liquors from be-
ing considered Intoxicating.
SEC. 9. And be At enacted, That if any
person, corporation, company or associa-
ton, by himself, herself or itself, or by his,
her or its clerk, servant or agent, directly
OF indirectly, shall sell intoxicating liquors
i'll violation of the provisions of this act,
he, she or it shall forfeit and pay on the
first conviction fine of not less than
thirty nor more than two hundred dollars,
and the cost OF prosecution, or instead of
such fine, If person, shall be imprisoned
in the county Jail for thirty days in the
discretion of the court; and on the second
and every subsequent conviction, the
minimum and maximum of said fine for
the next preceding offence shall be double,
with the costs of prosecution in each case
added; and the imprisonment for the sec
ond offence, if person, shall not be less
than thirty nor more than sixty days; and
the minimum and maximum of imprson-
ment for every sui sequent conviction
shall be alike double of that next preced-
ing.
SIC. 3. And be IL enacted; That no per-
son, corporation, company or association,
shall deposit or have in his, her or Its pos
session, any intoxicating liquors with in.
tent to sell the same IN violation oflaw, or
with intent that the same shall be sold by
any person, corporation, company or asso-
citation or to aid and assist any person, cor
poratlon, company or association in such
sale; and any person, corporation, company
or association violating the provisions of
this section shall be subjected to the like
fines ana punishments as are prescribed
for violations of the second section of this
act.
Sec. 4. And be it enacted, That all pros
ecution for violations of the provisions of
this act may be either upon presentment
and Indictment, or by trial before Justice
of the Peace, who shall have jurisdiction,
original and concurrent, with the Circuit
Court of said county; provided that in all
cases where Justices of the Peace have ju-
risdiction as aforesaid, either party may
have jury trial, provided the same is flied
before trial, before the Justice of the
Peace.
SEC. 5. And be 1t enacted, That States
attorneys and Justices ofthe Peace having
knowledge of any previous conviction of
any person accused OF violating the pro-
visions of this act, in preparing warrants,
presentments, and indictments, shall aliege
such previous conviction therein; and it
shall be the duty of the clerk of the Cir
cut Court to furnish such information to
the States attorney and grand juries, bat
it shall not be necessary to set forth par
ticularly in any such presentment or indict-
ment the recor of former conviction,
but it shall be sufficient to allege briefly
that said person, corporation, company or
association had been convicted of viola
ton of any particular provision of this
act; and any such Indictment or proceed
ings may be amended at any stage of the
proceedings before final judgment, and as
Il matter of right.
SEC. q. Aad be 1t enacted, That nothing
herein contained shall beconstrued to pre-.
vent the sale of intoxicating 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 respect
able physician, or unless the seller be
physician, in which case he shall take the
buyers certificate of the facts upon which
he acts, said prescription and certificate to
be preserved by the sc Ter for his vindica-
tion; and the said prescription and certifi-
cate, in all cases, shall he proof of bona
tides on the part of the seller, unless collu-
sion be shown and if it b. shown the buy
er procured a prescription by misrcpre
sentation, or subscribed false or fraudu-
lent certificate, he shall be guilty of mis-
demeanor, and on conviction shall be pun
ished in the same manner and To the same
extent us the seller would have been had
he been found guilty of q violation uf the
provisions of this act; and no such physi-
clan shall give prescription for Tn pur-
chase of more than one dose of such pro-
hiblted liquors, as medicine, ut any one
time; and any physician who SHALL by col
fusion, or otherwise, violate the provs.
ions 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 viola.
ton of the same.
SEC. T. And be it enacted, That ON the
first Tuesday after the first Monday IN No
vember, eighteen hundred and eighty, an
election shall be held in Allegany county,
and that the judges Of election appointed
in the usual manner to conduct the election
for members ofCongress shall conduct the
election herein provided for, and shall re-
ceive 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 rs
other ballots are counted and returned,
and the result shall be certified by said
judges TO the Clerk ofthc Circuit Court OF
the county aforsiaid, whose duty it shall
be to proclaim the result by publication
III one or more newspapers in said county
within thirty days after the returns shall
be received by him; and the same notice
shall be given by the sheriff of said county
of other elections; and said election shall
in all respects be subject to and governed
by the election laws of the State, so far as
they are applicable thereto.
SEC. s. d1ld be ii enacted, That fiat said
a. 4. .I,,,r