Frostburg mining journal., 1880-09-04
Miscellaneous Advertisements.
~
WANTED - $1,000
Inquire at [A7*l THIS OFFICE.
ROBERT MCDONALD.
Attorney at Law,
No. 4 Washington ST., Cumberland, Md
MILL be at the Swanton Coal Co.'s
w office, ,inBarton every Saturday.
Aug 10
PUBLIC LOCAL LAWS.
CHAPTER 497.


ing liquors in Allcgany county, provided
the qualified voters thereof shall so de-
termine in the manner herein provided
SECTION 1. BE IL enacted By tie General
assembly of Maryland, That no person,
company or association shall
be ut any time allowed to sell by himself,
herself or itself, his, her or its clerks, SER
want or agent directly or indirectly, any
liquors 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.
tiQn 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 rs other
distilled spirits, shall be considered rs in
toXicating 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. 3. And be it 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
or indirectly, snail sell intoxicating liquors
in 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 imprison-
ment for every subsequent conviction
shall be alike double of that next preced-
ing.
SEC. 3. Aad 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 III 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
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 rs aforesaid either patty may
have jury trial, provided the same is flied
before trial, before the Justice Of the
Peace.
Sec. 5. And be n 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, shallaliegc
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, but
it shall not be necessary to set forth par
ticularly in any such presentment or indict-
ment the recori of n former conviction,
but it shall be sufficient to allege briefly
that said person, corporation, company or
association had been convicted Oh VIOLA
ton OF any particular provision OF TINS
act; ana any such lnqictmeht OF proceed
ings may be amended at any stage OF the
proceedings before llnal Judgment, ana as
Il matter OF right.
SEC 6. And be ii enacted, That nothing
herein contained shall becoustrucd to pre.
vent the sale of intoxicating liquors for
medicinal purposes; but no sale of such
prohibited liquors shall be deemed a 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 certiilcate TO
be preserved by the seller for his vindlca-
tion; and the said prescription and certifi.
cafe, 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 buy
er procured prescription by misrepre-
sentation, or subscribed false or fraudu-
lent certificate, he shall beguilty OF amis-
demeanor, and on conviction shall be pun
ished in the same manner and to the same
extent as the seller would have been had
he been found guilty OF violation OF the
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, CIR otherwise, violate the proyis.
ions of this section, shall, on conviction,
be punished in the same manner and to
the same extent us inc seller would naye