Frostburg mining journal., 1880-08-28
PUBLIC LOCAL LAWS.
CHAPTER 4a7.

! dSRWOty y MufWuHH, lnaG no person,
corporation, company or association shall
be at any time allowed to sell by himself
herself or ITSELF his, her or its clerks, SER
want or agent, directly or indirectly, any
intoxicating liquors of whatever origin in
Allegany county, except rs hereinafter
provided; and that any wine, ale, po. ter,
strong beer, lager beer and all other malt
| liquors, and any compound or compost.
ti0n IN which alcohol forms the chief or
principal ingredient, when kept or deposit
ed with intent to sell the same for drink.
ing or tippling purposes, as well as other
distilled spirits, shall be considered as in
toXicating within the meaning of this act;
but that this enumeration shall not prevent
any other pure o. mixed liquors from Ee-
Ing considered Intoxicating.
SEC. 2. Ind be it enact, d, That if any
| person, corporation, company or associn-
ton, by himself, herself or itself, or by his,
her or its clerk, servant or agent, directly
or indirectly, shall sell Intoxicating liquors
in violation of The provisions of this act
he, she or it shall forfeit and pay OH 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 Il person, shall be imprisoned
in the county Jail for thirty days in the
discretion of the court; and on the second
aud every subsequent conviction, the
minimum and maximum of said fine fol
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 imprison-
mcnt for every SUI sequent conviction
shall be alike double of that next preced
ing
SEC. 3. And be 1t enacted; That no per.
son, corporation, company or association
| shall deposit or have in his, her or its pos.
session, any Intoxicating liqnors with in.
| tent to sell the same III violati on oflaw, OF
with intent that the same shall be sold by
any person, corporation company or asso-
cation or to nd and assist any person, cor
poratlon, company or association i'll such
sale; and my person, corporation, company
or association violating the provisions OF
this section shall be subjected TO the like
fines ana punshments as are prescribed
for violations of the second section of this
act.
SEC. 4. And be 1t enacted, That I'LL 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-
risdict'on as aforesaid, either party may
have jury trial, provided the same is flied
before trial, before the Justice of the
Peace.
SEC. ). 1n6 be At enacted, That States
attorneys ard Justices oft the Peace having
knowledge of any previous conviction OF
any person accused OF violating the pro-
visions of tlis act, III preparing warrants,
prcsentments, and indictments, shall aliegc
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 jurics, bit
it shall not be necessary to set forth par
tiCuary in any such prcsentment or indict-
ment the recor of Il former conviction
but it shall be sufficient to allege briefly
that said person, corporation, company or
association had been convicted of Il 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
u matter Of right,
SEC 6. Aad be a enacted, That nothing
herein contained shall beconstrued to pre-
vent the sale Of intoxicating liquors foi
medicinal purposes; but no sale of such
prohibited liquors shall be deemed u sale
for medicinal purposes unless the buyer
presents the prescription of some respect
able physician, or unless the seller he q
physician, in which case he shall take the
buyers certificate of the facts upon which
he acts, said prescription and certificate tC
be preserved by the seller fer his yindica
tion and the said prescription and certili
cate, in all cases, shall be proof of bona
fdes on the part Of the seller, unless collu
sion be shown; and if it be shown the bay.
er procured prescription by misrepre
eentation, or subscribed a false or fraudu
lent certificate, he shall be guilty OF mis-
deneanor, and on conviction shall be pun
ishcd in tho same manner and to the same
extent as the seller would have been ha(
he been found guilty OF violation of tho
provisions Of this act and no such physi
clan shall give prescription for the pur
chase of more than one dose of such pro
hibited liquors, as medicine, at any one
time; and any physician who shall, by col
lusion, or otherwise, violate the proyis
ions of this section, shall, on conviction
be punished in the same manner and tC
the same extent as the seller would have
been had he been found guilty OF viola
tion of the same.
SEC. Z. And be ii enacted, That on the
first Tuesday after the first MondayIn No
i al, "a nj
election shall be held in Allegany county
and that the judges of election appointed
in the usual manner to conduct the election
for members ofCongrcss shall conduct the
election herein provided for, and shall re-
ceiye tickets, written or printed, from the
legal voters of said county, on which shall
be written or printed respectively, "foi
license" or against licenses" and the said
tickets shall be counted and returned us
other ballots are counted and returned
and the result shall be certified by said
judges TO the Clerk ofthc Circuit Court oi
the county aforsiaid, whose duty it shall
be to proclaim the result by publication
in 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 this election us is required in the case
of other elections; and said election shall
in ali respects be subject TO and governed
by the election laws of the State, so far as
they are applicable thereto.
SEC s. and DO ii enacted, That fiat said
election us hercinbeforo provided for, a
majority Of the voters III said county shall
be against license" then the provisions
of this act shall be and continue In force
and in such case no license shall issue in
said county Tor the sale of intoxicating