Sharp County record., 1881-03-31
AN ACT

PrordiHg for the prohibition Of the sale or
giriHg awdyOf rjROUs SpjritHOH8 or iRtOricG-
ting liquors, Of Gag Kind, rjthiR tTee miles
Of dRy academg, College, university. or other
Institution Of learning, or Of any cbWch
house. in this state.
Be it resolved by the general asseml'y
6. She state of hrkdnsa1:
Sec. l. That whenever the adult nhab
itants residing within three miles Of any
school house, collage, university, or 9th
er institution Of learDirg, or Of any
church in this state shall desire to pro
hibit the sale or giving away Of any
vinous, sprituOus, or intozi ating liquors,
Of any kind. or any compound or prepar-
alton thereof commonly called "tonics, or
"titters," and majority Of such inhahit
ants shall petition the county court Of the
county in which such institution of learn
ing or church house is situate, praying
that the sale or giving away Of the into2i-
eating liquors enumerated in the prem
iScs be prohibited within three miles Of
any such institution of learning or church
house; whereupOn said county court, be-
ing satisfied that majority Of such in.
habltants have signed such petition, shall
make an order IN accordance with the
prayer thereof, and thereafter it shalt be
unlawful for any person to vend or give
away any spirituous or intox eating liq.
rs within the limits aforesaid; Provided
that ths act shall not affect persons who
may have already obtained a license to
sell spirituous liquors in any locality
Wherein this act shall be put in force, un-
til snch license shall expire and provided
further, that nothing in this act shall be
construed as affecting or repeating any
special law now in force prohibiting the
sale or giving away of spirituouS or in.
>toxicating liquors in any locality.
Sec. . For the purpose of this act, fe-
males, as well as males, are competent
subscribers to the petition herein provided
for.
Sec. 8. That this act shall not be con
strued as prob biting the use of wine for
sacramental purposes, or to prevent the
pre- cribing and furnishing of alcoholic
stimulan's by a regular practicing rhysi-
clan to the sick under his charge,
"h'n HV may Ntcul thc same hcH'o'
sarv; but, before such physician
shall be authorized to so pre.cr be
and furnish such alcoholic s-imulants, in
order to protect himself from the penalty
of this act he shall file in the office of the
county clerk Of the county in which he
resi- es, an affidavit, which shall be in the
fol owing form, to VII: II. --. do sol
emnly swear (,r affirm tn st ain regu
lar practic ng physician, and that | will
not prescribe Or furnish any vinous or al
cohO ic simulsuts to any one exec I it be
in nay judgment a necessity in the treat
menJ Of the disease with which he shall
be ut the time Affected"
Sec Be it further enacted, that the
provisions Of this act shall not apply to
cities of the first and second class, in
which a regular police force is maintained
Sec. 5. That any person violating the
provisions of this act shall be deemed
guilty of a mislemclnOr, and upon con.
virtOo, either in the circuit court or be-
fore any justice Of the peace, shall be tiord
in any sum ro' less than twenty-five Sd
GGfiiT5T CiTTI ore hundred (SlUO)
dollars.
Sec. 6. That all laws in conflict with
the prov siors IF this act be and are here
by repealed, AMI this act take effect and
be in f'rce from aud after its passage.
Approved March u, 1881.