The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1888-10-26

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ton of the provisions of the preceding sec
ton hereof or with intent that the same
shall be bartered or sold, or given away, in
! violation thereof within the limits of said
county, or 10 aid or assist any person or per-
sons, house company, association, or body
corporate, in such barter sale or gift.
SEC. T. That if any person or per-
sons, house, company, association or body
corporate shall violate any of the provisions
ofsections five and six aforesaid within the
| limits of Hartford county, after the first day
Of December, in the year eighteen hundred
and lightweight, he, she, il or they shall, on
each and every conviction thereof, forfeit
and pay fine of not less than one hundred
dollars nor more than SIX hundred dollars
andcosts ofprosecution, 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 forthwith, shall
he 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. s. That nothing in the preceding
sections hereof shall be construed to prevent
!
| by a regular pharmacist or Druggist who
may or shall have obtained q license there
| for, under the license law of this State, upon
the written bona .fiG prescription Of regu-
lar practicing physician ofsad 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 per-
scription shall serve for more than one pur-
chase; but no physician shall make or sign
any such prescription unless the person for
whom it shall be made is actually sick, or
such liquor is absolutely required as medi
cine. Any physician who shall, after the
first day of December in the year eighteen
hundred and lightweight, make or sign any
prescription for such liquor, except as afore-
said, shall be deemed guilty ola misdemeanor,
and upon conviction thereof shall be fined
not less than fifty dollars nor more than
three hundred dollars and costs of prosecu-
ton, and be committed to the county Jail of
said county until such fine or fines and
costs of prosecution are paid and if the buyer
shall obtain prescription by misrepresenta-
ton he shall likewise be deemed guilty of a
violation of this act and upon conviction
thereof shall he subject to the same penal
ties which are set forth in section seven afore-
said nor shall anything in the preceding
sections hereof be construed to prohibit
liquors to be used by or for sick person in
case of extreme illness, when delay may he
dangerous TO the patient, nor to prevent the
sale by a pharmacist or Druggist of wine to
be used for sacramental purposes solely.
SEC. Q. That in the trial of any
person or persons, 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 persons, house, company, as
ISOLATION or body corporate on trial, has or
have paid (f such be the Case) a special tax
to the government of the United States, un-
der the internal revenue laws thereof, upon
or for his, her, their or its business, as a
brewer or brewers, or retail 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 las the case may beg in Hartford
county, for period of time within which
such violation has occurred, and to prove
that he, she, it Or they, has or have register
ed his, her, their or its business for said per-
iod as such dealer or dealers with the col
lectOr of internal revenue for the district of
which Hartford county shall form a 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 law relating
to said special taxes and the payment of said
special tax or taxes upon, and the regis
tering of his, her, their or its said business
may be proved by certificate of said col
lector, or any of his deputies, or by the
sworn testimony of him, or any of them and
a copy of the application of any person or
persons, house, company, association or body
corporate, for registry, under said revenue
laws, made and attested by said collector, or
any of his deputies, shall he priind tdcte
proof of such application and the payment
of said tax and the application for such
registry shall be prima trcie evidence that
the party so paying and applying is engaged
in the sale of intoxicating liquors within the
limits of Hartford county. 4
SEC. 10. That if any druggist or pharma
cst shall violate any of the provisions Of the
sections hereof, he, she, it or they shall be
liable to the same penalties which are set
forth in section seven aforesaid.
SEC. II. That MI fines imposed under
this act shall be paid To the board of County
School Commissioners of said county, for
the use Ofthe public schools therein.
SEC. ~. That all prosecutions for viola
tons of the provisions of this act, and which
are hereby declared to be criminal offences,
may be either upon presentment and indict-
ment or by trial before Justice of the Peace
who shall have jurisdiction, original and
concurrent with the circuit court for said
county, and said justice shall have power 10
issue all process, aud do all acts which may
be necessary TO the exercise of his said juris-
diction, 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 sNd
county could do in such cases, rs if such
cases were tried before said court without the
intervention of jury; provided, however,
that if any person when brought before any
such Justice having jurisdiction of the case
shall, before trial Tor 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, it shall be the duty of any
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
said county at its then session, if it be then
in session, or at its next session, if it be not
then in session, and to return said commit
mcnt or recogniZance, with the name and
residence of the witness or witnesses for the
prosecution endorsed thereon, forthwith to
the clerk of said court, and provided the
Justice before whom the case is tried shall in
form the person charged of his right to a
jury trial.
SEC. 10. That in any Indictment under
this act for violations of the provisions
of the preceding sections hereof it
shall not be necessary 10 specify the par
tcuar kind of liquor which any person or
persons, house, company, association or body
corporate, 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, 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 battered, 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 fer.
mcnted liquors or intoxicating drinks, or with
intent that the same be battered, sold or
given away, in violation of said provisions.
SEC. IA. And be it enacted, That if it shall
appear by the returns of said judges and GER
tifcate of said clerk that a majority of such