The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1884-06-07
CHAPTER 359.
ACT.

AN ACT,
To prohibit the sale of intoxicating liquors and al
cohoic beverages within certain area in Balti-
more county, opposite the AlDerton Cotton
Mills, in Howard county.
SECTION 1. Be it enacted Bythe General Assem-
bly, Of Maryland, 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 to give away at his, her,
their or its place of business any spirituous
fermented or intoxicating liquors Of any origin
whatever, or alcoholic bitters within an area or
district of territory in Baltimore county, COM
mencing at a stone planted on the north side of
the Patapsco River and near to the bank thereof
opposite to and in a northerly direction from the
Alberton Cotton Mills, in Howard county, and
extending two miles in all directions in said Bal
timOre county from the said point Of commence
ment.
SEC. 2. And belt enacted, That ifany person or
persons, house, company, association or body cor
porate shall sell, directly indirectly, at any
place or give away at his, her, their or its place
of business any spirituous formented liquors or
alcoholic bitters or intoxicating drinks of any
kind within the limits of the said or District
in Baltimore county, 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 in
stead of such fine, imprisonment in the county
Jail for thirty days, both, in the discretion of
the Court; and ON the second and every sCbse-
quent 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
g a.
posed for the violation of this Act shall go to the
iniormer and the residue to the Board of School
Commissioners of said county for the benefit Of
the Public Schools therein.
SEC. g. And be a. enacted, That nothing here
in contained shall be construed to prevent the
compromising sale Of any such liquors for
medicinal purposes by pharmacist druggist,
who shall may obtain license under the license
laws of this State and upon written bona fde
prescription Of a regular practising physician,
whose name shall be signed thereto; and all such
prescription shall be filed and kept by such phar-
macist druggist, and no prescription shall serve
for more than 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 as 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 as 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
first offense, and not less two hundred dollars nor
more than i've 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 onehalf of said fine to be paid to the intormer
and the residue to the Board of School Commits
sioners of said county for the benefit OF the Public
cUl.0els tl.s-eoF, -id .,inlat"rs shall hA
mtted to the county Jail of said county until such
fine and costs are paid; nor shall anything here
in be construed to prohibit sale by pharmacist
or druggist in case of extreme illness when delay
may be dangerous to the patient.
SEC. f. And be At enacted, That all prosecu-
tions 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 nave
Jurisdiction, and may pronounce Judgment and
sentence therein in the same manner ana 10 the
same extent as the Circuit Court for said county
couId do in such cases. if such cases were tried
before said Court without the Intervention OF
iurv: proyided, however, that if any person when
brought before any such Justice having Jurlsdlc-
ton of the case SHALL before trial for the alleged
offense pray a jury trial; or, II the states At
torney for said county shall, before trial OF SUCH
alleged offense pray jury trial on the part
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 Tor
trial in the Circuit Court for the county IN when
the onense was SOalInlttSs - ~ NAAerA ~sss1@s
at its next session If it be not in session, and to
return said commitment or recognizance, 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 a jury trial, and
which, in every case, the said Justice is hereby
required to do.
SEC. 5. And be it enacted That States Attor-
news and Justices of the Peace having knowledge
of anv previous convictions any person accused
of violating the provisions of this Act, Ia pIepar
ing warrants, presentments and indictments, shall
allege such previous conviction therein, and 1t
shall be the duty of the Clerk of the Circuit Court
to furnish such information to the States Attor-
new and Grand Jury; but it shall not be neces-
sarv to set forth particularly in any such present
ment or indictment the record of former convlc-
ton. but it shall be sufficient to allege briefly
that said person or persons, corporation, company
or association had been convicted of a violation
of any of the provisions of this Act; and any
such indictment proceeding may be amended
at any stage of the proceeding before final judg-
ment and as matter of right
SEC. 6. And be At enacted, That all acts or
parts of acts inconsistent with the provisions
hereof be and the same hereby repealed.
Sec 4. And be q enacted, That t5ls ACT s1a ~
the wear eighteen hundred and eighty -four.
ADnrovad Anril Sth, 1854.
ROBERT NJ. McLANE,
Governor OF Maryland.
HENRY LLOYD,
President of the Senate.
J. PEMBROKE THOM,
Sneaker of the House of Delegates.
We hereby certify, That the afOregolng is cor
rect COPY of an Act of the General Assembly oil
MARYLAND. passed January session, 1854.
j. NJ. MILLER,
Secretary of the Senate.
THOS. II. MOORE,
Chief Clerk of the House of Delegates.