The Brookhaven leader. [volume] (Brookhaven, Miss.) 1883-1891, 1886-03-25

sale. then NO other election shall be
held in the same county in less than
two years thereafter, and then only
upon new petition as Aforesaid
and by otherwise conforming to this
act.
SEC. s That If majority OF the
legal votes cast at any election
held under the provisions Of this
act shall he against the sale, IL
shall not he lawful for any person
within the limits Of such county tn
SeIl or barter for valuable considera
ton, either directly or indirectly, or
give away, tn induce trade at any
place Of business, or furnish at other
public places, any alcoholic, spirit
nous. vinous, malt or intoxicating
liquors or intoxicating bitters, or
other drinks which if drunk To- ex
cess will produce intoxicatiOn under
the penalties hereinafter prescribed,
but If majority Of the votes cast at
any such election shall be for the
sale of such liquors, then license to
cell the same may be ordered by the
Board OF Supervisors Of the county
at a regular term or by the proper
municipal authorities, to any male
person over the age Of twenty one
years, when such applicant Is a resi-
dent in the county where such Ii
duors are to he sold. who 10 the
opinion Of the authority granting
such license shall be Of good moral
character and sober and suitable
person TO receive such license, By
the recommendation to that effect o
writing, signed by at least twenty
Ave real estate owners in such dis
trict or town, provided said appli-
cant shall make application in writ
ing o said Board oi Supervisors or
municipal authorities, setting forth
the place where said liquors are to
I've sOld. and it firm is applying.
the names Of all the individual
members of said firm, which appli-
cation shalI lay over thirty days al
asst. before final action thereon;
and license shall be granted, unless
a counter petition, signed by ma
jOrity Of the qualified voters within
snch district or Incorporated town
shall be filed within thirty DAYS
next after the fling OF any such ap
plication Tor license. And in case
license be granted said applicant, he
shall, before commencing the sale Of
such liquors, pay the tax and give
the bond as now provided IN chap
ter 80, Revised Code 1880. Provid-
ed further. that if such application
Tor license he cont ested, either party
may appeal from the decision Of the
Board ot Supervisors or municipal
authorities, To the Circuit Court, On
giving bond for costs. And pro-
vided further, that no election held
under the provisions OF this Act,
shall in any manner, whatever the
result, he 40 construed as 10 inter
ferc with the license or privilege OF
any person until the expiration OF
his term
SEC. !. That the Acts in relation
TO the sale OF vinous and spirituOns
liquors, ~ found in Revised Code Of
1880, and Acts amtHdatory thereof,
shall govern and control the grant
ing and issuance OF license to sell
snch liquors, and all private acts, or
acts of local application, shall be in
force until the election contemplated
in this Act shall he ordered and
held. Provided, that in no case
shall this Act be construed to repeal
any laws prohibiting the sale of any
intoxicating liquors at Oxford,
Starkville, Clinton, or at any other
place where there may be any insti
tutions Of learning chartered by
Legislative enactment, or manufac
tory where such sale is now prohibit
ted.
SEC. s. That any person who
shall violate the provisions Of this
act, shall he guilty Of misde mea-
nor, and shall on conviction be pun
ished for the first offense by fine
not exceeding fifty dollars, and by
imprisonment in the county Jail not
exceeding sixty days; and Tor the
second offrnse by a fine OF one hun
dred dollars and Imprisonment in
the county Jail for -four months; and
for the third, or other offenses, by a
fine of five hundred dollars and i'm
prisonment in the county Jail for
six months. The selling of liquors
in violation Of this Act, shall also
be a nuisance, and the same may be
abated by an appropriate proceed
ing at law, or enjoined on the appli-
cation OF any citizen Of this State by
Chancery Court of the proper coun-
", and there shall be NO property in
any intoxicating liquors kept or
offered for sale in violation Of law.
SEC. o. That nothing in this Act
shall be so construed as to prevent
/ be manufacture OF wine or cider for
domestic or sacramento purposes,
nor shall anything herein contained
prevent licensed druggists fom sell
ing or furnishing pure alcohol for
medicinal, art. scientific or mechani
cal purposes; and for every sale of
wine, the seller shall be guilty Of
misdemeanor, and may he punished
as provided by section s of this Act
in reference to violations thereof,
and nothing herein contained shall
prevent physicians OF good standing