The Republican. [volume] (Oakland, Md.) 1877-current, 1884-05-03
NEW ADVERTISEMENTS.

! toXicating liquors" and the ballots SO cast
shall be carefully counted by the judges oi
said election and said judges shall make Il
, return ofsaid votes to the clerk of the circuit
-. court for Garrett county, as provided by law,
in cases of general elections, and said clerk
shall record said returns among the records
, of his office, and if it shall appear that either
|, one or more of said election districts shall
l have cast majority of votes against the sale
ofintoxicating liquors, then the clerk of said
} court shall prepare certificate proclaiming
{ the result of such election in said districts.
and cause said certificate TO be published once
in each newspaper published in said county.
= SEC. 3. And be 1t enacted, That if 1t shall
appear by the returns of said judges or cleo
T ton, and the certificate of the clerk of said
: court, that a majority of the votes cast at said
: election, in any election district in said coun-
W, has been cast against the sale of In toXicat
S ing liquors, then it shall not be lawful for any
person or persons, house. corporation, COM
! pany or association, to sell directly or ind-
/ rectly at any place. or to give away at his,
her, their or It's place of business, any spiritu-
Gus, fermented or intoxicating liquors, of
\ whatever origin, or alchohOlic bitterS, in any
|. election district ofsaid county wherein ma
! jority fthe votes has thus been cast against
The sale oftntoxicating LIQUORS, nor shall any
license be issued or granted for the sale of the
| same in any of said election districts of said
| county, on or after the first day of May, in the
year eighteen hundred and eighty-five.
4 SEC. 4. And he 1t enacted That IL it shall
4 appear by the returns of said judges ofelection
\ and certificate of the clerk of said court thata
majority of all the votes cast at said lection
i in said Garrett county has been against the
sale of Intoxicating liquors, then it shall not
| lawful for any person or persons, house,
4 corporation, company or association to sell.
| directly or Indirectly at any place in said
4 county, or to give away at his. her. their or
| its place of business, any spirituous, ferment-
ed, or Intoxicating liquors, of whatever origin,
\ or alcoholic bitterS nor shall any license be
/ issued, or granted Tor the sale of the same in
Il said county on or after the first day of May, in
n the year eighteen hundred and eighty-five.
i SEC. D. And be il enacted, That If any per-
4 son or persons, house, company. corporation
i or association, or body corporate, shall sell
| directly or indirectly at any place, or give
| away at his her, their or its place of business,
| any spirituous or termented or alcoholic Bit
| tiers. or Intoxicating drinks Ofany kind, with
| in the limits of any of said election districts
4 wherein majority ofthe votes has been thus
\ cast against the sale of Intoxicating liquors,
| on or after the first day of May, in the year
i eighteen hundred and eighty. five; or in case
| it shall appear by said returns and said GER
i titcate of said clerk, that majority OF all the
votes caStln SaiO county, at said election, has
| been cast against the sale of Intoxicating
| liquors, ifany person or persons, house, com
| pany, association, corporation or body cor
porate shall sell directly or indirectly at any
| place in said county, or give away at his, her,
| their or its place of business, any spirituouS
| or fermented liquors or alcoholic bitters or
| intoxicating drinks fanny kind, within the
| limits ofsaid Garrett county, on or after the
| first day of May, in the year eighteen hun
| dred and eighty five, he, she or they shall, on
| conviction thereof forfeit ana pay on the first
| conviction n fine of not less than fifty dollars
| nor more than three hundred dollars, and cost
| OF prosecution, or, instead Ofsuch fine. be i'm
| priSoned in the county Jail for thirty days, or
| both, in the discretion of the court; and on
| the second and every subsequent conviction,
| shall pay fine of less than one hundred
| dollars nor more than five hundred dollars,
| and cost of prosecution, and. in addition to
| such fine shall be imprisoned in the county
| Jail for not less than thirty nor more than
| ninety days, in the discretion of the court,
| and on failure to pay the fine as herein de-
| scribed, he, she or they shall he committed TO
| the county Jail of Ga rett county until such
| fine and costs are paid. and each and every
| sale or gift of such intoxicating liquors in
| violation of this law shall be separate and
| distinct offence; one. half of the fine imposed
| for any violation of this act shall go the in
former, and the residue to the board OF cOun-
| ty school commissioners of said Garrett coun-
| ty, for the benefit of the public schools there
in ana in case of any violation Ofany DrOVi-
sion Of this act, by any company. corporation
| or association, each, or any member of such
company, corporation or association, shall be
| liable ana shall suffer imprisonment as pre-
scribed in this act for persons violating the
| same.
SEC. 6. And be it enacted. That no person,
persons, company, corporation or association,
| shall deposit or have in his her, their or its
pc session, any spirituous or fermented liz
| uors, or alcoholic bitters, or intoxicating
| liquors of any kind, with intent to sell the
| same, or give away the same at his, her, their
or iis place of business. in violation of law, or
| in aid of any person or persons for such pur-
poses; and any person, persons, company,
corporation or association violating the pro-
visions of this section shall be subject to the
| like fines and puniShments as are prescribed
| for violation of the fifth section of this act.
| SEC. 7. And be it enacted. That nothing
herein contained shall be construed to pre-
| vent the compromising or sale of any such
| liquors for medicinal purposes by pharma-
cist or druggist, who shall or may obtain a
| license under the license law of the state. up
| on the written bona fide prescription OF a
regular practicing physician, whose name
Shall be signed thereto and all such prescrip.
| tons shall be filed and kept by the pharma-
ciSt or druggist, and no prescription shall
serve for more than one purchase; but no
physician shall make or sign any such pre-
| scription unless the person for whom II is
made is actually sick, and such liquor is alb
Solutely required as medicine; any phySi-
| clan who shall, on or after the first day OF
| May, eighteen hundred and eighty-five, make
or sign any prescription for such, liquor, ex-
cept as aforesaid, shall be deemed guilty of a
| violation of this act, and upon conviction
| thereof shall be fined not less than fifty dol
lars nor more than two hundred dollars for
the first offence, and not less than two hun
dred nor more than five hundred dollars for
each subsequent offence; and if the buyer
shall obtain prescription by misrepresenta
tim he shall likewise be deemed guilty of q
| violation of this act, and upon convic' ion
thereof shall be subject to the same fines as
the physician who shall violate the same, the
one-half of said fines to be paid to the in
| former and the residue to the board of county
commissioners of Garrett county, for the use
of the public schools of said county, and said
| NlOldlOIS Sildil Dc committed 10 the co MY
Jail of said county till such fines and costs are
paid; nor shall anything herein be construed
to prohibit n sale by pharmacist or druggist
IN case OF extreme illness, when delay may
be dangerous to the patient.
SIC 8. 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 pre-
sentiment and indictment. or by trial before
justice of the peace, who shall have juriS-
distion, original and concurrent, with the
circuit court of said county; and the said jus.
tice 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 o
said county could do in such cases. as il sucl
| cases were tried before said court without tn,
Intervention of a jury; provided, however
| that If any person, when brought before any
such justice having Jurisdiction of the case
shall, before trial for the alleged offence pray
jury trial, or If the states attorney for sale
county shall, before the trial of such ALLEGED
offence, pray n jury trial on the part of th
state, IL shall be the duty ofany such justice
to commit such alleged offender Tor trial, o
to hold the said offender to bail to appear 70
which the offence was committed, at its thel
session, lift be then in session or at its mex
| session. IL il be not then in session and to re
turn said commitment or recOgniZance, will
| the names and residences of the witnesses 70
| the prosecution endorsed thereon, forthwith
I | to the clerk of said court; and provided tn
| Justice before whom the case is tried shall