The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1884-05-31
CHAPTER 3j9.
AN ACT,


To prohibit the sale of Intoxicating liquors and al
c0holic beverages within certain in Baiti
mere county, opposite the AlueTt0n Cotton
Mills, in Howard county.
SECTION |. Be IL enacted Jythe General -isscm
bin of Maryiand, That on and after the first of
May, in the year eighteen hundred and eighty
four, it shall not be lawful for any person. house,
company, association or corporate body, to sell
directly or indirectly or to give away at his, her,
their its place of business, any spirituous,
termented OF intoxicating liquors OF any origin
whatever, or alcoholic btters within or
district of territory in Baltimore county, CON-
mencing at Il stone planted on the north side OF
the Patapsco River and near to the bank thereof
opposite to and in i noTt5e:iy direction IRON the
Alberton Cotton Mills, in Howard county, and
extending two miles in all directions in said Bal
tmore county from the said point of commence
ment.
SEC. .. And belt enacted, That fany person
persons, house, company, association or body cor
porate shall sell, directly or indirectly, ut any
place or give away at his her, their or its place
of business any spirituOus or formented liquors or
alcoholic bitters or intoxicating drinks of any
kind within the limits of the said District
in Baltimore county, on or after the first day OF
May, in the year eighteen hundred and eighty
four, he, she, they or it SHALL on conviction fine
of not less than fifty dollars nor more than three
hundred dollars and costs of prosecution: or ia
stead of such fine Imprisonment in the county
jail for thirty days, both in the discretion of
m.he Court; and on the second and every srbse-'
4uent conviction, not less than one hundred dol-
lars nor more than five hundred dollars, and in
addition to such fine, Imprisonment in the county
Jail for not more than ninety days, in the discre
ton of the Court, and on failure to pay any such
fine as herein described, he, she, or they shall be
committed to the Jail of said county until such
fine and costs are paid. 0ne-half of the fine i'm
posed for the violation Of this Act shall go to the
Al. - Ill
Commissioners of said county for the benefit Of
the Public Schools therein.
Sec. 3. And be ii enacted, That nothing here
in contained shall be construed to prevent the
compromising sale of any such liquors for
medicinal purposes by pharmacist or druggist,
who shall or may obtain license under the license
laws of this State and upon written bona fide
prescription of regular practising physician,
whose name shall be signed thereto; and all such
prescription shall be filed and kept by such phar-
macist or druggist, and prescription shall serve
for more than one purchase. But no physician
shall make or sign any such prescription unless
the person for whom it is made is actually sick
and such liquor is absolutely necessary a med
icine. Any physician who shall after the said
first day of May, in the year eighteen hundred
and eighty -four, make or sign any prescription
for such liquor, except aforesaid, shall be
deemed guilty of violation of this Act, and upon
conviction thereof shall be fined not less that fifty
dollars nor more than two hundred dollars for the
frst offense, and not less two hundred dollars nor
more than five hundred dollars for each subsequent
offense, and if the buyer shall obtain prescrip-
ton by Misrepresentation he shall likewise be
deemed guilty of violation of this Act, and upon
conviction thereof shall be sub ect to the same
fine as the physician who shall violate the same,
the one-half of said fine to be paid to the nformer
and the residue to the Board of School Commits
sioners of said county for the benefit of the Public
~ i .Olo& hall h
mtted to the county Jail of said county until such
fine and costs are paid; nor shall anything here
in be construed to prohibit a sale by pharmacist
or druggist in case of extreme illness when delay
may be dangerous to the patient
Sec. 4. And be it enacted, That all prosecu-
tons for violations of the provisions of this Act,
and which are hereby declared to be criminal
offences, 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;
and the said Justice shall have power to issue all
process and to do all acts which may be Necessary
to the exercise of his said jurisdiction, and may
try and determine all cases whereof he may have
jurisdiction, and may pronounce judgment and
sentence therein in the same manner and to the
same extent as the Circuit Court for said county
could do in such cases, if such cases were tried
before said Court without the Intervention of
jury provided, however, that if any person when
brought before any such Justice having jurisdic-
ton of the case shall, before trial for the alleged
offense, pray jury trial; or, if the States At
torney for said county shall, before trial of such
alleged otrense pray jury trial on the part of
the States, it shall be the duty of any such JUS
tice to commit such alleged offender for trial or
to hold the said offender to bail to appear for
trial in the Circuit Court for the county in which
the offense was committed at its then session, or
at its next session if it be not in session, and to
return said commitment or rec enhance, with the
names and residences of the witnesses for the
prosecution endorsed thereon forthwith to the
Clerk of said Court; provided the Justice before
whom the case is tried shall inform the person
charged Of his or her right to jury trial. and
which, in every case, the said Justice is hereby
required to do.
SEC 5. And be il enacted, That States Attor-
news and Justices of the Peace having knowledge
of any previous convictions ofany person accused
Of violating the provisions OF this Act, In prepar.
ing warrants, presentments and indictments, shall
alege such previous conviction therein, and it
shall be the duty of the Clerk of the Circuit Court
TO furnish such information to the States Attor-
ney and Grand Jury; but it shall not be neces
sary to set forth particularly in any such present.
ment or indictment the record of a former convic
ton, but it shall be sufficient to allege briefly
that said person or persons, corporation, company
or association had been convicted of violation
of any of the provisions of this Act; and any
such indictment or proceeding may be amended
at any stage of the proceeding before final judg-
ment and as matter of right.
SEC. 6. And be IL enacted That all acts or
parts of acts inconsistent with the provisions
hereof be and the same hereby repealed.
Sec 7. And be IL enacted, That this Act shall
take effect on and after the first day of May, in
the year eighteen hundred and eighty-four.
Approved April Sth, 1884.
ROBERT NJ. McLANE,
Governor Of Maryland.
HENRY LLOYD,
President of the Senate.
J. PEMBROKE THOM,
Speaker of the House of Delegates.
We hereby certify, That the aforegoing is cor
rect copy of an Act of the General Assembly of
Maryland, passed January session, 1884.
J. NJ. MILLER,
Secretary of the Senate.
THOS. II. MOORE,
Chief Clerk Of the House of Delegates.
May 3l.-St.