The Republican. [volume] (Oakland, Md.) 1877-current, 1890-10-10


consequence of such infOXclion; which
sum may be recovered in civil action before
any Court or justice of the peace having juriS-
diction thereof and said SUIT may be brought
upon the bond oi any person obtaining license
under the provisions OF this Act, and shall
be liable for the sum recovered in said suit
in ease the sale is made by a person who has
Obtained license under the provisions of this
Act.
SEC. 10. And be it enacted that every hus-
band, wife, child, parent, guardian or other
person injured in person or property, or
means of support, by any Intoxicated per-
son or i'll consequence of the intOXication
habitual or otherwise, of any person, shall
after the giving and during the existence of
the notice provided for in the next section,
have u right of action in his or her own
name, SeVerally or jointly, against any per-
son or persons or body corporate, who by sell
ling or giving intoxicating liquors have cauS-
ed the iutOXIcation in whole or in part of
such person, and the owner of any building
or premises, and the person renting or leasing
the same, having knowledge that intoXicat-
ing liquors are to be sold therein, or who
having leased the same for other purposes,
knowingly permits intoxicating liquors to be
sold therein, that have caused the intOXica-
ton in whole or in part of such person, shall
be liable SeYerally or jointly, with the person
or persons or body corporate selling or giving
Intoxicating liquors aS aforesaid. for all dam
ages sustained, as well as exemplary dam
geS.
SEC. IL. And be it enacted, That any hus-
band, vile, child, parent, guardian or other
person liable to be so injured by any sale of
intoxicating liquors to any person, and de-
string to prevent the sale of intoxicating liq-
uors to such person. shall give notice either
before Il witness, or in writing to the person
or persons so selling or giving intoxicating
liquors, or to owner or lessor of the premises
wherein such Intoxicating liquors are given
or sold, or file with the nearest justice of the
peace in the town or district wherein such in
tOXlcating liquors may be sold, notice to all
Iiquor dealers not to sell or give to such per-
son any intoxicating liquors from and alter
the giving or filing of such notice, and the
said justice of the peace shall Immediately
| inform the person or persons to whom the
notice or notices are given such notice filed
with said justice OF the peace shall be entered
by him in Il book to be kept for such purpose
which shall he open for the inspection of all
persons interested; and any notice entered
in such book shall, by the justice of the
peace having charge of the same, be erased
and so ooliterat as not to be legible upon
the demand of the person by whom such no.
tice was filed and thcreatterSuch notice shall
cease and end, and said justice of the peace
! shall be entitled to demand and receive fee
OF ten cents for the filing and entry of every
such notice.
SEC u. And be it enacted, That such no.
| ticc whether served personally OF filed with
| the justice of the peace as aforesaid shall,
! during its existence, inCre 10 the benefit of
! all persons Interested the same as ifa notice
| had been served by each; ard if any justice
| OF the peace fail or refuse to make such rec
| ord aS herein provided, he SHALL upon con-
! vctiOn thereof be fined not more than ten
| nor less than five dollars.
SEC Is And be il enacted, That a married
woman shall have the same right to bring
suit and control the same, and the amount
recovered rs II femme sole; and all damages
recovered by minor under this Act shall be
paid either to such minor or to his or her par
| cnt. guardian or next friend, as the Court
i shall direct.
SEC II. And be it enacted, That any saloon
! keeper, grocer or other person who published
| the !ac! Ofany notice having been given, as
! provided i'll the iOIcgCing sections, by posting
such notice III any saloon, grocery, or other
| place, or by printing or causing the same to
| be printed in any newspaper, circular or in
amy other way gives Rubllclty to the fact that
such notice has been given, shall, upon con-
vctiOn thereof, be fined not less than ten nor
more than fifty dollars for each oflense.
SEC 10. And be II eUacted, That for all fines
costs and damages assessed against any per-
/ son in consequence OF the sale OF intoxicating
| liquors, as provided for in the foregoing Sec
tons, suit may be brought upon the bond fl
ed by said person, according to the provS-
ions of section six, if said person has applied
/ for and received license under ME provisions
OF said section; but If he or she has not filed
such bond, then the real estate and personal
property OF such person, of every Kind with
out exception or exemption, shall be liable to
execution ON any judgment recovered, and
SAID Judgment shall be Il lien upon such real
eSlate until IL is paid.
SIC. To- And be it enacted That from and
after the passage OF this Act 1t shall be the
duty Of the grand jury in and Tor Garrett
! county, at its several sessions, diligently to
enquire into, and present and indict all per-
sons violating any OF the provisions OF this
Act, and IL shall he the duly Of the Court be-
fore whom such person shall be convicted. to
suppress his or her license in addition to the
penalties imposed tor violation ofany of the
provisions Oi this Act.
SEC II. And be it enacted, That nothing
herein contained shall be construed to pre-
vent the compromising or sale OF any such
liquors for medicinal purposes by a pharma-
cisJ and druggist who shall or may obtain a
license under the license law of This state,
and upon written bona tide prescription OF
a regular praCticlng physician, whose name
shall be signed thereto, and all such preScrip-
lions shall b flied and kept by such pharnla-
clSt and druggist, and no prescription shall
serve for more Than one purchase; but no
physician shall make or sign any such pre-
scilption unless the person for whom 1t Is
made Is actually sick and such liquor Is
deemed by such physician necessary as
medicine any physician who Shall make or
sign any prescription for such liquor, except
as aforesaid, Shall be deemed guilty of a vio-
iatiun OF this Act and upon conviction there
OF, shall be fined not less than fifty dollars nor
more than two hundred dollars for each Of
Tense; and If the buyer Shall obtain aprCScrip-
ton by misrepresentation he shall likewise
be deemed guilty of violation OF this Act
and upon conviction thereof shall be sub
jcct to the same fine as the physician who
SHALL violate the same: the one half of said
fine TO I've paid to the intormer and the resi-
due to the Board of school Commissioners of
said county, Tor the benefit of the public
schools thereof, and said ViOlaterS shall be
committed TO the County Jail OF said County
until such fine and costs are paid.
SEC. Is. And be it enacted, That all prose-
cutions for violations of this Act may be eth
before justice of the peace, who shall have
jurisdiction original and concurrent with the
Circuit Court for said County, and the said
justice shall have power to issue all process,
ana 10 do all acts which may be necessary to
the exercise of his said Jurisdiction, and may
Try ana determine all cases whereof he may
have jurisdiction and may pronounce judg-
mcnt and sentence to the same extent and
manner as the Circuit Court for said county
could do in such cases if they were tried be.
fore said Court without the intervention of u
jury; provided, however, that If any person
when brought before any justice shall before
trial pray jury trial or II the States Attor-
ney for said county shall pray jury trial for
the alleged olfense on the part OF the State, it
shall be the duty of said justice to commit
said offender for trial or hold him to bail to
appear Tor trial in the Circuit Court for said
county, at its then session if il be then in ses-
sion or at its next session lift be not then in
session, and to return the commitment or
recogniZance with the names and residences
therein, forthwith to the Clerk, and it shall
be the duty of said justice to inform the per-
son charged of his, her or their right to a Jury
trial in all cases,
SEC 10. And be it enacted, That any per-
son or persons, corporation, company or asSo-
cation violating any of the provisions of this,
Act by selling directly or indirectly barter.
ing or trading any Kind of Intoxicating liq-
uorS Ill said county, upon conviction in a.
court OF Justice, shall in the discretion of the
Court pay tine ofnot more than three hun
dred dollars nor less than fifty dollars, or DO
imprisoned in the County Jail for not less
imam thirty days nor more than three months
or both fine and Imprisonment in the discre-