The midland journal. (Rising Sun, Md.) 1885-1947, 1886-10-22

turers of cider or growers of apples, his, her
or their agents sell cider directly or indirectly
in any hotel, inn, bar-room, restaurant, saloon
eating-house, or pool, bagatelle or billiard
room.
SEC. g. If any person or persons, house,
company, association or body corporate, shall
violate any of the provisions of sections five,
six and seven aforesaid, within the limits of
Cecil county, after the first day of January, in
theyear eighteen hundred and eighty. seven, he,
she, it or they shall, on each and every con-
viction thereof, forfeit and pay a fine of not
less than one hundred dollars nor more than
six hundred dollars and costs of prosecution,
and be confined in the Maryland House of
Correction for not less than six months nor
more than twelve months, or, in the discretion
of the Court, forfeit and pay fine Of not less
than one hundred dollars nor more than six
hundred dollars and costs of prosecution, and
failing to pay such fine or fines and costs forth
with, shall be sentenced to be confined in the
Maryland House of Correction for term not
less than six months nor more than twelve
months, or until such fine or fines and costs
are paid.
Sec. 8. Nothing in the preceding sections
hereof shall be construed to prevent the com
pounding or sale of any such liquors by reg
uAoA Va uiuSSiob VIM may VI
have obtained license therefor under the
license laws of this State, upon the written
bona fde prescription of regular practicing
physician of said county, whose name shall be
signed thereto, and all such prescriptions shall
be filed by said druggist or pharmacist and
kept by him, and no prescription shall serve
for more than one purchase; but no physician
shall make or sign any such prescription I'M
less the person for whom it shall be made is
actually sick, or such liquor is absolutely re-
qnred as medicine; any physician who
shall, after the first day of January, in the
year eighteen hundred and eighty.seven, make
or sign any prescription for such liquor, ex-
cept as aforesaid, shall be deemed guilty of
misdemeanor, and upon conviction thereof
shall he fined not less than fifty dollars nor
more than three hundred dollars and costs of
prosecution, and be committed to the county
Jail of said county until such fine or fines and
costs of prosecution are paid; nor shall any
thing in the preceding sections hereof, be con-
strued to prohibit a sale by pharmacist or
druggist of such liquors to be used by or for
sick person, in case of extreme illness, when
delay may be dangerous to the patient, nor to
prevent the sale by pharmacist or druggist
Of wine to be used for sacramento purposes
solely.
Sec. 10. In the trial of any person Or per-
sons, or any house, company, association or
body corporate, for violation of any of the
preceding sections hereof, it shall be lawful
for the State to prove that such person or per-
sons, house, company, association or body cor
porate on trial, has or have paid (if such be
the case) special tax to the Government of
the United States, under the Internal Reve-
nue. Laws thereof, upon or for his, her, their
or its business as brewer or brewers, or re-
ta.! dealer or dealers in liquors, or wholesale
dealer or dealers in liquors, or retail dealer or
dealers in malt liquors, or wholesale dealer or
dealers in malt liquors as the case may be)
in Cecil county, for period of time within
which such violation has occurred, and to
prove that he, she, it or they has or have reg
istered his, her, their or its business for said
period, as such dealer or dealers, with the
Collector of Internal Revenue for the district
of which Cecil county shall form part, and
that he, she, it or they made application to
said Collector to be so registered and it shall
be lawful for the State, in such case, to offer in
evidence said Internal Revenue Laws relating
to said special taxes and the payment of said
special tax or taxes upon, and the registering
of his, her, their or its said business may be
proved by certificate of said Collector, or any
of his deputies, or by the sworn testimony
aAAAA'1 VI any Va tAChiJ dHu q COpy VI int dpplt-
cation OF any person or persons, honse, COM
pany, association or body corporate, for regis.
try under said Revenue Laws, made and at
tested by said Collector or any of his deputies,
shall be prima tacie proof of such application.
Sec. IL. If any druggist or pharmacist shall
violate any of the provisions of the sections
hereof under said subtitle, he, she, it or they
shaff be liable 70 the same penalties which
are set forth in section eight aforesaid.
SEC. IL. One-half of all fines imposed under
this act shall be paid to the informer, and the
balance shall be paid to the Board of County
School Commissioners of said county for the
use of the Public Schools therein.
SEC. IS. All prosecutions for violations of
any of the provisions of the sections under
said subtitle, shall be upon presentment and
indictment, but any Justice of the Peace of
said county shall have the same authority to
receive information Of violations thereof, and
to take recognizances and bail, or to commit,
as is now exercised by Justices of the Peace of
said county, under the General Criminal Law
of the State of Maryland.
SEC. IA. In any indictment under :his act
for violation or violations of the provisions of
the preceding section hereof under said SUBJ
title, 1t shall not be necessary, except in the
case of cider, to specify the particular kind of
liquor which any person or persons, house,
company, association or body corporate, bar.
tered, sold or gave away, or solicited or re-
celved orders for the purchase of, or kept, de-
posted or had, with inteut to barter, sell or
give away, or that the same be bartered, sold
or given away in violation of said provisions,
but it shall be sufficient if the indictment sets
forth that the traverser or traversers bartered,
sold or gave away, or solicited or received
orders for the purchase of, or kept, deposited,
or had with intent to barter, sell or give away
spirituous or fermented liquors or intoxicat-
ing drinks, or with intent that the same be
bartered, sold or given away in violation of
said provisions.
SEC Is. And be ii enacted, That if it shall
appear by the returns of said Judges and the
certificate of said Clerk, that majority of
such votes have been cast "For License" then
and in that event the following sections shall
be added to article eight of the Code of Public
local Laws, under the subtitle "Sales of
Spirituous or Fermented Liquors." to take
effect on the first day of January next.
SEC. PA. No person in Cecil county shall
obtain license for the sale or barter of spirit
nous or fermented liquors in any quantity
whatever, except such as shall be qualified as
hereinafter provided.
Sec. 2l5. Any person in Cecil county who
may keep house for the reception of guests,
or of permanent or transient boarders, con-
tanning at least five chambers more than are
needed for his family purposes, and which
said five or more chambers are used for the re-
ception of guests, or permanent or transient
boarders, containing therein for use at all
times at least six good beds, with sufficient
covering therefor, and having upon his prem.
ises stable or stables sufficient for the accom-
mediation of six or more horses, shall be deem
ed and considered to he hotel keeper within
the meaning OF this act.
SEC. 2l6. Any person in Cecil county desir-
ing TO take out license under this act, may
file petition with the Clerk of the Circuit
Court for Cecil county, setting forth that the
applicant wishes to sell spirituous or ferment-
I'LL II