The Republican. [volume] (Oakland, Md.) 1877-current, 1890-10-24

cation of another person, shall be liable for
and compelled to pay q reasonable compensa~
tion TO any person who may take charge Oh
and provide for such INTOXICATED person, and
one dollar per day in addition thereto, If,
consequence of such inioXication; which
sum may be recovered in civil action before
any Court or juSice of the peace having Jurls-
diction thereof, and said suit may be brought
upon the bond Olany person obtaining license
under the provisions OF this Act, and shall
be liable for the sum recovered in said SUIT
in case the sale is made by person VINO has
obtained license under the provisions OF this
Act.
SIC. 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 in consequence OF the intoXicatlon,
habtual or otherwise, of any person, shall
after the giving and during the existence Of
the notice provided for in the next sectiOny
have a 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 intoXIcattOn in whole or in part OF
such person, and the owner of any building
or premises and the person renting or leasing
the same, haYir" knowledge that intOXicat-
ing liquors are to be sold therein, or who
having leased the same for other purposes,
knowingly permits intoxicating liquors 10 be
sold therein, that have caused the lntONlca-
ton in whole or in part of such person, shall
be liable ScYeraiiy 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 a 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
toXicating liquors may be sold, notice to all
liquor dealers not to sell or give to such per-
son any intoxicating liquors from and after
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 book to be kept for such purpose
which shall be 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 oblteraJ d as not to be legible upon
the demand of the person by whom such no;
tice was filed, and thereafter such notice shall
cease and end, and said justice of the peace
shall be entitled to demand and receive a fee
OF ten cents for the filing and entry of every
such notice.
SEC IL. And be it enacted, That such no.
tice whether served personally OF filed with
the justice of the peace as aforesaid shall
during its existence, inure to the benefit OF
all persons interested, the same as if a notice
had been served by each and if any justice
of the peace fail or refuse to make such rec
~
victiun thereof, be fined not more than ten
nor less than five dollars.
SEC, I3 And be it enacted, That a married
woman shall have the same right to bring
suit and control the same, and the amount
recovered as IL Jcnttie SOte; and all damages
recovered by u minor under this Act shall be
paid either to such minor or to his OF her par
cnt. guardian or next friend, as the Court
shall direct.
SEC. II. And be it enacted, That any saloon
keeper. grocer or other person who published
the i;lct OF any notice having been given, as
provided in the FOL egOing sections, by posting
such notice in amy saloon, grocery, or other
place, or by printing or causing the same to
be printed in any newspaper, circular or in
any other way gives publicity to the fact that
such notice has been given, shall, upon con-
Viction thereof, be fined not less than ten nor
more than fifty dollars for each otfense,
SEC. ID. And be II euacted, That for all fines
costs and damages assessed against any per-
son i'll consequence OF the sale of Intoxicating
liquors, as provided for in the foregoing Sec
lions, SUIT may be brought upon the bond I'LL
ed by said person, according to the proVlS-
ions Of section six, if said person has applied
Tor and received license under the provisions
OF said section but if he or sue mas 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 ii is paid.
SEC. IT, And be it enacted That from AID
after the passage OF this Act it shall be the
duty Of the grant 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 be the duty Of the Court be-
fore whom such person shall be convicted. to
suppress his or her license i'll addition to the
penalties imposed tor violation OF any of the
provisions of 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 pharma-
cist and druggist, who shall or may obtain q
license under the license law OF this state,
and upon written bona 1ide prescription OF
a regular practicing physician. whose name
shall be signed thereto, and all such prescrip-
tiOns shall tiled and kept by such pharma-
clSt and druggist, and no prescription shall
serve for more than one purchase; but no
physician shall make or sign any such pre-
scrlptiOn unless the pcrSol. for whom 1t is
made is actually sick and such liquor is
deemed by Sucn physician necessary as
medicine any physician who shall make or
sign any preScript for such liquor, except
as aforesaid. shall be deemed guilty of vIo-
lation 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 aprescrip-
ton by misrepresentation he shall likewise
be deemed guilty of a violation of this Act
anu upon conviction thereof shall be sub
ject to the same fine as the physician who
shall violate the same the one half of said
fine to he paid TO the informer and the resi-
due to the Board of School Commissioners of
said county, for the benefit OF the public
schools thereof, and said vioiaters 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
er upon presentment, indictment or by trial
before a 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,
and TO do all acts which may be necessary TO
the exercise of his said jurisdiction, and may
try and determine all cases whereof he may
have jurisdiction and may pronounce judg-
ment 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 q
jury; provided, however, that if any person
when brought before any justice shall before
trial pray jury trial or IF the States Attor-
ney for said county shall pray jury trial for
the alleged otfense 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 for trial in the Circuit Court for said
county, at its then session If 1t 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
OF the witnesses for the prosecution endorsed
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 fury
trial in all cases,
SEC. 10. And be it enacted, That any per-
son or persons, corporation, company or asSo-
clatlon violating any of the provisions OF this
Act by selling directly or indirectly barter
ing or trading any Kind OF Intoxicating liq-
uoTs In said county, upon conviction in O.
court of justice, shall in the discretion of the
a N M no, /,