The Republican. [volume] (Oakland, Md.) 1877-current, 1884-10-04

sSN -mittent Feyers by the use of Hop Bit
,sal # you haze rough, 2impl,z, Or sallow
been cast against the sale of Intoxicating
liquors, ffany 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 spirltuous
| or fermented liquors or alcoholic bitters or
intoxicating drinks ofany kind, within the
| limits ofsaid Garrett county, on or after the
| first day of May, in the year eighteen hmm
dred and eighty-fve, he, she or they shall. on
conviction thereof, forfeit and paw on tn o first
! conviction a fine of not less than fifty dollars
| Hor 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 a fine Ofnot less than one hundred
| dolla nor more than five hundred dollars
and cost of prosecution, and. in addition to
| such fine shall be imprisoned in the conntv
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 be committed IN
the county jail OF Garrett county until such
| hne and costs are paid, and each and every
sale or gift of such intoxicating liouors in
| violation of this law shall be a separate and
| distinct offence one half of the fine imnosed
| for any violation of this act shall 90 to The in
| former. and the residue to the board OF coun-
| ty school commissioners ofsaid Garrett coun-
| ty, for the benefit Ofthe public schools there
| IN ana IN case OF any violation ofany provi-
| sion of this act, by any company CORPORATION
| or association, each, or any member of such
company, corporation or association shall he
| liable and shall suffer imprisonment as pre-
! scrlbed in this act for persons violating the
| same.
| persons, company corporation or association
| shall deposit or have in his her their or its
| possession, any spirituous or fermented liq-
| 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 its place of business. in violation of law, or
| or
| poses; and any person, persons company
| corporation or association violating the pro.
visions fthis section shall be subject to the
| like fines and punishmentS as are prescribed
| for violation of the fifth section of this act
| SEC. Il And be 1t enacted, That nothing
| herein contained shall be construed to pre-.
Ventthe compromising sale of any such
| liquors for medicinal purposes by n pharma-
| cist or druggist, who shall or may obtain a
| license under the license law of the state mn
| 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 il 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 q
| 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 hum
dred nor more than five hundred dollars for
each subsequent offence; and if the buyer
shall obtain prescription by misrepresenta-
tiUn he shall likewise be deemed guilty ola
| violation of this act, and upon conviction
| thereof shall be subject to the same fines an
| 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
| violators shall be committed to the county
jail of said county till such fines and costs are
paid; nor shall anything herein be construed
to prohibit a sale by pharmacist or druggist
| in case OF extreme illness, when delay NAV
| be dangerous to the patient
| SEC 3. And be 1t enacted, That all prosecu-
| lions 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 ius-
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 OF
said county could do in such cases. as if such
cases were tried before said court without the
intervention of jury; provided, however,
such justice having Jurisdiction of the case,
shall, before trial for the alleged offence pray
jury trial. or If the states attorney for said
county shall, before the trial of such alleged
offence, pray jury trial on the part of the
state, 1t shall be the duty ofany such Justice
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 offence was committed at its then
session, lift be then in session or at its next
session, If 1t be not then in session and to re-
turn said commitment or recognizance, with
the names and residences of the witnesses for
the prosecution endorsed thereon forthwith
| 10 the clerk OF SAID COURT and nrOVilpd the
justice, before whom the case is tried shall
inform the person charged of his right to
jury trial.
SEC. 8. And it enacted, That states attorn-
eys and justices of the peace. having knowl-
edge fany previous conviction of any person
accused OF violating the provisions of this act,
in preparing warrants presentments and in
dictments, shall allege such previous convic-
ton therein, and it shall be the duty of the
clerk of the circuit court to furnish such infor-
nation to the states attorney and grand
juries; but it shall not be necessary to set
forth particularly In any such presentment
or indictment the record OF a former convic-
ton, but it shall be sufficient to allege briefly
that said person, corporation, company as
soctation, had been convicted ola Violation OF
any particular provision of this act and any
such indictment Orproceeding may be amend
ed at any stage of the proceedings before final
judgment, and as matter ofright.
SEC. 10. And be it enacted, That all acts or
parts of acts inconsistent with the provisions
hereof be and the same are hereby repealed.
SEC, IL. And be it enacted. That this act
shall take effect from the date of its passage
Approved April Sth, 1884,
II shall not be lawful for the keeper of any
hotel, tavern store drinking establishment
or any other place where liquors are sold or
for any person, directly or Indirectly, to SELL
barter or give, or in any way dispose of spir-
ituous or fermented liquors, ale, beer, or in
toxicating drinks ofany kind, on the day Of
any election hereafter to be held in the sever
al counties of the State.
Any person violating the provisions OF this
act shall be liable TO Indictment by the Grand
Jury Of the county where the offence is COM
mitted, and shall upon conviction before any
Judge ofany ofthe Circuit Courts ofthis State
be fined a sum OF not less than fifty dollars
nor more than one hundred dollars for each
and every offence one-halft the fine shall be
paid the informer, the other halfto the County
Commissioners for the use of the public roads,
M. R. HAMILL,
Sheriff of Garrett County.