The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1888-10-19

violation thereof within the limits of sale
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, it or they shall, OIL
each and every conviction thereof forfeit
and pay a fine ofnot less than one hundred
dollars nor more than SIX hundred dollars
!, and costs ofprosecuion, and be confined in the
: Maryland House of Correction for not less
, than six months nor more than twelve
mouths, or, in the discretion of the court
forfeit and pay fine of not less than one
r hundred dollars nor more than six hundred
dollars and costs of prosecution, and failing Ia
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 putil such fine or fines and costs are paid
Sec. 8. That nothing in the preceding
sections hereof shall be construed to prevent
the compromising or sale of any such liquors
by regular pharmacist or Druggist who
may or shall have obtained e license there
for, under the license law of this State, upon
the written bona .fde prescription of a regu-
lar practicing physician ofsaid 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 1t 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 eighty eight, 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 msrepresenta.
ton, he shall likewise be deemed guilty of a
violation of this act, and upon conviction
thereof shall be 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 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 a pharmacist or Druggist Of wine to
be used for sacramental purposes solely.
SEC. 0. 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
/ ii. 4
to the government of the United States, I'M
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 be) in Hartford
county, for n 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 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
tering of his, her, their or its said business
may be proved by n 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 lie prina ,tacie
proof of such application and the payment
of said tax and the application Tor such
registry shall be pri,aa tacie evidence that
the party SO paying and applying is engaged
in the sale of intoxicating liquors within the
limits of Hartford county.
SEC. 10. That if any druggist or pharma.
cist 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 seyC" store said.
SEC. II. That all fines imposed under
this act shall be paid to the board of County
School Commissioners of said county, for
the use of the public schools therein.
SEC. IL. That all prosecutions for viola
tons of the provisions of this ac', 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 TO
issue all process, and 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 said
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 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, 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 ut 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
ment 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
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
ticular 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 tho 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 fer
mented liquors or intoxicating drinks, or with
intent that the same be battered, sold or
given away, in violation CT said provisions
SEC. IA. And be 1t enacted, That if it shall
appear by the returns of said judges and GER
tificate of said clerk that majority of such
votes have been cast "For License" then,
and in that event, the following sections
nl,nh al lad -. I'll, Al.