The Republican. [volume] (Oakland, Md.) 1877-current, 1890-10-17


and provide for such INTOXICATED person, and
one dollar per day in addition thereto, it.
consequence of such intOXicaiiOn; which
sum leiy be recovered in civil action before
any Court or jusce OF the peace having juris-
diction thereof, and said suit may be brought
upon the bond ota amy 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 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 in 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 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 intoXIcation 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, 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 severally rjointly 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 he 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-
sirihg 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 alter
| giving Snch
| 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 tor 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 oDlterat 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 lee
| often cents for the filing and entry of every
such notice.
SEC. II. 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, inCre 10 the benefit of
| all persons interested, the same a. ifa notice
| had been served by each and if any justice
| of the peace fail Or'refuse to make such rec
| ord as herein provided, he shall, upon con-
! viction thereof, be fined not more than ten
nor less than five dolla, S.
| SEC, b. And be it enacted That married
woman shall have the same right to bring
suit and control the same, and the amount
| recovered as Il femme SOLE and all damages
| recovered by minor under this Act shall be
! paid either TO such minor or to his or her par
| eut, 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 fact of any notice having been given as
| provided i'll the lOI egoing sections, by posting
| such notice III any saloon, grocery, or other
place, OF by printing or causing the same to
| he printed i'll 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 otiense.
| SEC. To- 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 i'll the foregoing Sec
tiOnS, suit may be brought upon the bond MI
ed by said person, according to the provis-
| ions of section six, if said person has applied
| Tor and received license under the provisions
OF said section but il he or she has not filed
such bond, then the real estate and personal
| property OF such person, of every Kind with
oht exception or exemption, shall be liable to
| exec, lion on any judgment recovered. and
SAID Judgment shall be IA lien upon such real
eSlate until it is paid.
| SEC IL. And be ii enacted, That from and
after the passage of this Act it shall be the
duty of the grand jury in and for Garrett
county, at its several sessions, diligently to
| enquire into, and present and indict all per-
| sons violating any OF the provisions of TINS
| Act and it shall he the duty Of the Court be-
|
suppress his or her license in addition TO the
| penalties imposed tor violation ofany of the
! provisions Oi this Act.
| SEC. IL. And he it enacted. That nothing
| herein contained shall be construed to pre-
| vent the compromising or sale OF any such
| liquors Tor medicinal purposes by pharna-
| cist and druggist, who shall or may obtain ~
| license under the license law of this State,
| and upon written bona fide prescription OF
| regular practtcing physician, whose name
/ Shall be signed thereto, and all such prescrip
! tions shall b filed and kept by such pharlna-
/ cIst and druggist, and no prescription shall
! serve for more than one purchase; but no
| physician shall make or sign any such pre-
| sclption unless the persoi. for whom 1t is
made is actually sick and such liquor is
| deemed by sucn physician necessary rs
medicine; any physician who Shall make or
| sign any prescription for such liquor, except
as aforesaid, shall be deemed guilty of a Vio-
| latlon OF tulS 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 aprescrp-
| ton ny Misrepresentation he shall likewise
! be deemed guilty of a violation OF this Act
and 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 be 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 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
| er upon preSentment, indictment or by trial
before justice OF the peace, who shall have
| jurisdiction original and concurrent with the
| Circuit Court tor 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
I 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 O.
| 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 allie ed offense 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 it's next session If 1t 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 justic0to inform the per-
SON charged of his, her or their right TO Jury
trial in all cases,
SEC. ~. And be it enacted, That any per-
son or persons, corporation, company or asso-
citation violating any of the provisions of this
Act by selling directly or indirectly barter.
ing or trading any Kind of intoxicating liq-
uors in said county, upon conviction in q
court ofjustice, shall in the discretion of the
Court, pay q fine of not more than three hun
dred dollars nor less than fifty dollars, or be
imprisoned in the County Jail for not less
than thirty days nor more than three months