The Republican. [volume] (Oakland, Md.) 1877-current, 1890-10-03

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and provide for such intoxicated person, aIu
one dollar per day in addition thereto, it.
consequence of such 1ntOXicat1on; which
sum may be recovered IN civil action before
any Court orjusice of The peace having juris-
dictiOn thereof and said suit may be brought
upon the bond otany 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.
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 intOXcatiOn
habitual or otherwise, of any person, shall
after the giving and during the existence of
the notice provided for in the next section
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 cans
ed the intOXlcatiOn 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 Tor other purposes
knowingly permits intoxicating liuIOrS ia he
sold therein, that have caused the ntoXca.
ton in whole or in part of such person, shall
he liable SeVerally or jointly, with the person
or persons or body corporate selling or giving
Intoxicating liquors as aforesaid. for ali dam
ages sustained, as well as exemplary dam
geS.
SEC. II. And be it enacted, That anv Inns.
band WIFE, 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 Iio-
uOrS to such person, shall give notice eithGr
before 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 OF 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 he entered
by him in Il hook 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 ODliterat Il as not to he leglble upon
the demand of the person by whom such no.
tice was filed, and thereatterSuCh 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 r. 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, lnCre 10 the benefit Of
all persons interested, the same as ifa notice
had been served by each; ard II any justice
of the peace tai! 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 dollars.
SEC, IS. AnC be it enacted, That q married
woman shall have the same right to bring
suit and control the same, and the amount
recovered as Ie1tnte s0te; 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
shall direct.
SEC. ii. and be it enacted, That any saloon
keeper, grocer OF other person who published
the TACT of any notice having been given, as
provided in the lOi cgOins sections, by posting
such notice i'll amy SalOOn, grocery, or other
place, or by printing or causing the same TO
he printed in any newspaper, circular or in
any other way gives publicity to the fact tina t
such notice has been given, shall, upon con-
VictiOn thereof, be fined not less than ten nor
more than fifty dollars for each OuenSe.
SEC. Is. 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
tiOnS, Suit may be brought upon the bond ill
cd by said person, according to the prONlS-
ions of section six, if said person has applied
Tor and received license under the provisions
OF SAID section but he or she has not filed
Sucu bond, then the real estate and personal
property OF such person, OF every KIND With
OLt exception or exemption, shall be liable to
execution ON any Judgment recovered, and
SAID Judgment shall be II lien upon such real
eSlate until it is paid.
SEC. 10. And he 1t enacted, That from and
after the passage OF this Act Ii shall be the
duty OF the grand jury in and Tor Garrett
cOuDty,at its several sessions, diligently 10
enquire INTO, and present and lndIct all per-
sons Violating any OF the provisions of this
Act, and 1t shall be the duty Ot the Court be-
fore whom such person shall be convicted. to
suppress his or her license in addition to the
penalties imposed tor Violation OF any of the
provisions OF this Act.
SEC. Il. And be 1t enacted, That nothing
herein contained shall be construed to pre-
vent the compromising or sale OF any such
liquors for medicinal purposes by IA pharma-
clst and druggist, who shall or may obtain u
Incense under the license law of this State,
and upon Il written bona fidc prescription OF
y regular practlclng physician, whose name
SHAH be signed thereto, and all such preScrip-
tOnS shall filed and kept by such pharna-
clSt and druggist, and no prescription shall
serve Tor more than one purchase; but no
physician Shall make or sign any such pre-
scGiptlon unless the person. for whom II is
made Is actually sick and such liquor is
deemed by Sucn physician necessary as u
medicine; any physician who shall make or
sign amy prescription Tor such liquor, except
as aforesaid, shall be deemed guilty of Il Vio-
latiOn of TINS Act, and upon VicLIOn there
Of shall be fined not less than fifty dollars nor
more than two hundred dollars for each Of
tense; and II the buyer shall obtain preScrip-
ton by misreprt Sentation he shall likewise
be deemed guilty of violation OF this Act
ana upon conviction thereof shall be sub
Ject TO the same ilne as the physician who
shall violate the same: the one half of said
fine to be paid TO the intormer and the resi-
due to the Board OF School COmmiss toner's of
said county, for the benefit OF the public
ScnOulS thereof ana SAID NlOaterS snail DO
committed to the County Jail of said County
until such line and costs are paid.
SEC. Is. And be it enacted, That all prose-
BUTTONS for Violations OF this Act may be eth
cr upon preSentment, Indictment or by trial
before Il 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 ali 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 a
jury; provided however, that if amy person
when brought before any justice shall before
trial pray a jury trial or ii the states Attor-
ney for said county shall pray jury trial Tor
the ALLEGED ofense on the part OF the State, IT.
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 it be then in ses-
sion or at its next session If it be not then In
session, and to return the commitment or
recogniZance with the names and residences.
of the witnesses Tor the prosecution endorsed
therein forthwith to the Clerk, and IL shall
be the duty of said justice to inform the per-
SON charged his, her or their right TO Jury
trial in all cases.
SEC. 10. And be it enacted, That any per-
son or persons, corporation, company or asSO-s
Act by selling directly or Indirectly barter.
ing or trading any Kind of intoxicating liq-
uorS in said county, upon conviction in a
court ofjustice, shall in the discretion of the
Court, pay u tine of not MOI o than three hun-
dred dollars nor less than fifty dollars, or be
imprisoned in the County Jail tor not less
than thirty days nor more than three months
or both hue and Imprisonment in the diScreA