The Republican. [volume] (Oakland, Md.) 1877-current, 1886-04-24
CHAPTER 246.

<AOA IL repeal Chapter one nun
q dred and eighty of the acts of eigh-
teen hundred and eighty-four, en-
Titled ian act to enable the quaIifi-
e0 voters of Garrett county to de-
fermine By ballot whether intoxi-
eating liquors or alcoholic bitters
snail be sold therein. and to re-en.
act the same with amendments.
SECTION /. Be it enacted by the General AS
semply Of Mary land, That chapter one nun
dreu and eighty of the acts of eighteen hun
dred and eighty-four, entitled IAN act to en-
able the qualified voters of Garrett county to
qetermine by ballot whether Intoxicating
lfquors or Alcoholic Bitters shall be sold
therein be and the same is hereby repealed,
6nd re-enacted to readns follows:
4 SEC. |. Be 1t enacted by the General Assem-
bly, Of M9ryland, That the question whether
pr hot any person or persons, house, corpora
9Oue0mpanyora association may be licensed in
Garrett Co, by whom, or In which spirituous or
fermented liquors or alcoholic bitters shall be
sold. shall be submitted TO the registered vo-
ters OF said county, at q special election to be
held onffuesday, the twenty seventh day OF
April. in the year eighteen hundred and
a 81 -esix. which election shall be held in
fccordancewfh The Laws governing general
elections in this state, and the County Com
missioners for Garrett county, shall appoint
the necessary Judges of election for the sew
eral Election Districts of said county, to hold
Sdlu eiecllOnS, ana the SneflII OF Sllu county
shall give notice of the time and purpose OF
said election, by advertisements inserted in
all newspapers published in said county, and
by hand bills posted in each Election Dis
trict of said county, at least ten days before
the said election, IN which notice, a copy of
this act shall be inserted; ana the expenses
of said election, including the advertisements
and hand bills aforesaid, shall be levied by
the commissioners, and paid by the collector
Of said county.
SEC. 2. And be it enacted, That the bal lots
for and against such sale shall have printed
or written on them the words: For license
to sell spirituous or fermented liquors or alco-
holc bitters,' or "a Against license to sell spir-
ituous or fermented liquors or alcoholic bit
terS," and the ballots so cast shall be carefully
counted by the Judges of said election, and
the return Judges shall make return of said
votes to the Clerk ofthe Circuit Court for Gar
rett county, and said Clerk shall Immediately
make proclamation of the result of said cleo
tion, and cause said proclamation under his
hand to be published once in each newspaper
published in said county
SEC. 8. And be it enacted That if it shall be
found by said return of the Judges of Election
and proclamation of said Clerk, that major
ity OF the votes cast in said county have been
cast against the sale ofspirituous or ferment-
ed liquors or alcoholic bitterS, that then il
shall not be lawful for any person or persons,
house, corporation, company or association to
sell spirituOuS or fermented liquors or alcO-
holic bitters, directly or indirectly at any
place within the limits of said county but if
it should be found by the return of said Judges
of election and proclamation of said Clerk,
that majority of all votes cast, as prescribed
by the preceding sections in said county has
been cast for the sale of said spirituous Or
fermented liquors, or alcoholic bitteTS. ben
the same shall be sold, as allowed under the
license laws of this State, subject to the pro-
visions hereinafter mentioned.
SEC 4. And be it enacted That If majori-
ty of all votes cast shall have been against the
sale of liquors or alcoholic bitters and any
person or persons, house, company. associa-
ti0n or body, polite, shall sell, directly or in
directly, any spirituous or fermented liquors
or alcoholic bitters within the limits of said
county after the first day of May, in the year
eighteen hundred and eighty-siX, he, she. they
or 1t shall on conviction thereof forfeit and
pay hne of not less than fifty dollars nor
more than three hundred dollars and costs OF
prosecution or instead OF such fine imprison-
discharged by due process of law or both in
the discretion of the Court
SEC. ). And be it enacted, That no spiritu
Gus or fermented liquors or alcoholic bitters
shall be sold in any election district of said
county. unless each and every applicant, per-
son or persons, house. corporation, company
or association shall be recommended to the
said Clerk by twelve respectable free holders
as fit person to traffic in the article, nor un-
til such person or persons, house, corporation.
company or association, applying rsuch IL
cenSe, shall have filed with the said Clerk, a
bond with at least two sureties, to be APPROX
and dollars. conditioned for the payment
all fines penalties, cost and damages, to which
the person or persons, house, corporation,
company or association obtaining such Ii
cense may become liable for any violations of
the license laws of this State or ofany of the
provisions OF this act; and the said Clerk is
hereby prohibited from approving any bond
under this section unless it shall appear to
him by valid and sufficient evidence that the
sureties named in said bond are worth in real
estate free from encumbrances at least double
the amount Of the penalty OF said bond, and
that, in no event, shall any person or persons,
corporation. company or association, sell such
article on the Sabbath day, commonly called
Sunday. and for the violation OfthiS provision
such person or persons, corporation, house,
company or association, their agents and SER
wants. shall, on conviction, be subject to1he
penalty or penalties provided for in section
four OF this act.
SEC. g. And be it enacted. That nothing
herein contained shall be construed to pre-
liquors for medical purposes by pharmacist
and druggist who shall or may obtain a IL
cense under the license laws of this State for
the prosecution of the business of pharmacy,
and upon written bona fide prescription OF
regular practicing physician whose name
shall be signed thereto, and all such prescrip-
tions shall be filed and kept by such pharma-
cst and druggist. and no prescription shall
serve for more than one purchase; but nc
physician shall make or sign any such pre-
scriptiOn unless the person for whom 1t Is
made is actually Y SICK ana SuCn liquor is ueeill-
ed by said physician, necessary as medicine
any physician who shall make or sign any
prescription for liquor except as aforesaid
snail be deemed guilty ofa violation of this
act. and on conviction thereof, shall be fined
not less than fifty dollars, nor more than two
hundred dollars for the first offence, and not
less than two hundred dollars, nor more than
five hundred dollars for each subsequent of
fence and iftha buyer shall obtain a prescrip
tion by misrepresentation he shall likewise
be deemed guilty of violation OF this act
and upon conviction thereof shall be subject
to the same fine as physician who shall VIC
late the same the one-half of said fine TO bt
paid TO the intormer, and the residue to tht
Board Of School Commissioners Of said coun
ty for the heD eft of the public schools thereof
and said violators shall be committed to thu
County Jail of said county, until such fin'
and costs are paid nor shall anything hereiI
be constituted to prohibit sale by pharma
cist or drugs ist in case of extreme Hines
where delay may be dangerous to thepatient
SEC. 7. And be it enacted, That all prosecu
tions for violation of this act may either b.
upon presentment and indictment, or by tria
before a Justice of the Peace, who shall hav
Jurisdiction, original and concurrent. will
the Circuit Court for said county, and the salt
Justice shall have power to issue process, AM
to do all acts which may be necessary to tn
exercise Of his said Jurisdiction, and may tr!
and determine all cases whereof he may hav
Jurisdiction and may pronounce Judgmen
and sentence to the same extent ana manne
as the Circuit Court for said county could d.
in such case, If they were tried before SAT-
Court without the intervention ofa Jury, pro
vided, however, that If any person whei
brought to trial, or If the States Attorney 70
said county shall pray Jury trial FOR the al
legged offense on the part of the state. II shal
be the duty of said Justice of the Peace to com
init such offender Tor trial, or hold him TO bal
TO appear for trial at the next Circuit Cour
for said county, in its then next session. II