The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1884-06-14
CHAPTER $50.

ANACT,
To prohibit the sale of intoxicating liquors and al
coholic beverages within certain area in Balti-
more county, opposite the Alberton Cotton
Mills, in Howard county.
| SECTION L. Be ii 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 corporate body, to sell
directly indirectly or to give away at his, her,
| their or its place of business, any spirtuous,
| 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 if any person or
persons, house, company, association or body cor
porate shall sell, directly indirectly, at any
place give away at his, her, their or its place
of business any spirituous formented liquors or
| alcoholic bitters intoxicating drinks of any
kind within the limits of the said area or District
in Baltimore county, on or after the first day OF
| May in the year eighteen hundred and eighty
four, he, she they it SHALL on conviction fine
of not less than fifty dollars nor more than three
hundred dollars and costs of prosecution or in
stead of such fine, Imprisonment in the county
jail for thirty days, OF 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 dscre-
tion 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. One-haf of the fine i'm
fo-4 Oh olo f.ft AIT hall 70 he
| informer and the residue to the Board of School
| Commissioners of said county for the benefit OF
the Public Schools therein.
SEC 8. And be it enacted, That nothing here
in contained shall be construed to prevent the
compromising or 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 ide
prescription of regular practising physician,
whose name shall be signed thereto; and all such
prescription shall be filed and kept by such phar-
macst druggist, and no 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 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 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 five hundred dollars for each subsequent
offense, and if the buyer shall obtain prescrip-
ton by Misrepresentation he shall Likewise be
deemed guilty of a violation of this Act, and upon
conviction thereof shall be SUBJECT to the same
fine as the physician who shall violate the same,
the onehalf of said fine to be paid to the informer
and the residue to the Board of School Commits
sioners of said county for the benefit OF the Public
Schools thereof; and said violators shall be COM
mitted 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. 4. And be it 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 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 a
jury provided, however, that if any person when
brought before any such Justice having Jurisdlc-
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 offense pray a jury trial on the part of
tho States, it shall be the duty oi 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 recognlzance, with the
names and residences of the witnesses TOR 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. S. And be it enacted, That States Attor-
neys and Justices of the Peace having knowledge
of any previous convictions of any person accused
of violating the provisions of this Act In prepar-
ing warrants, presentments and indictments, shall
aliege 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 former convic-
ton, but it shall be sufficient to allege briefly
that said person persons, corporation, company
or association had been convicted of a 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 q matter of right.
Sec. 6. And be it enacted, That all acts or
parts of acts inconsistent with the provisions
hereof be and the same hereby repealed.
Sec T. And be 1t 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 a cor.
rect COPY of an Act of the General Assembly of
Maryland, passed January session, 1884.
j. M. MILLER,
Secretary of the Senate.
THOS. H. MOORE,
Chief Clerk of the House of Delegates.