The Republican. [volume] (Oakland, Md.) 1877-current, 1890-05-31

IneAns OF suppoaG, any Intoxicated per-
habitual or otherwiE Of any narson sbeII
after the giving and turing the existence of
h SnS noClc9 PfoUto ~ in the next section,
| nave rgnI OF acNn in his or her own
name, severally or kntly. against anv Der
son or persons or boy corporate, Who Sy sell
Ell the 1ntOxlcatiOn n whole or In part OF
such person, and thbwner OF any oultoing
! or premises, and thNerson renting or Ieas.ns
the same having knwledge that into4 %. Sho
ing liquors are to . sold therein, or VINO
| having leased the SINE for other purposes,
k39wingly permits intoxicating iiaT Ofsx ~ 90
sold therein, that haze caused the lnto4ca1
tion In whole or in prt of such person, sna,.
! he liable severally oqointly, with the person.
intoxicating LIQUORS q Aforesaid. for ali dam
ages sustained, as Will as exemplary dAA-
ages.
SEC. IL. And be 1t Enacted, That any hus-
person liable to be SO injured by any SAFE OF
intoxicating liquors to any person, anu ue-
string oprevent the sale Of intoxicating lbia,
uors to such person, shall give notice eltner
before witness, or in writing to the person
or persons so selling or giving Intoxicating
9eoss, or to owner or lessor OF Inc 1Ivsn
wherein such intoxicating liquors are gwen
or sold, or file with the nearest justice OF the
peace In the town or district wherein sucn In,
toXicating liquors may be sold, notice 10 all
liquor dealers not to sell or give to such per
son any intoxicating liquors from ana aiter
the giving or ding of such notice, ana the
said justice OF the peace shall immedlately
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
and so obliteret d as not to be iegible upon
tice was filed, and thereafter such notice shall
cease and end and said justice of the peace
| shall be entitled to demand and receive fee
OF ten cents for the tling and entry of every
such notice.
SEC. ~. 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 notice
had been served by each; and If any justice
of the peace fall 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. ID. 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 femme sole; and all damages
| recovered by a minor under this Act shall be
paid either to such minor or to his or her par
ent. 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 III the fol egoing sections, by posting
such notice in any 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 en- nor
mere than fifty dollars for each ofense.
SEC. Is. And be 1t 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
tions, suit may be brought upon the bond fl
ed by said person, according to the provis-
| ions of section six, If said person has applied
for and received license under the provisiOns
of said section but If he or she has not filed
| such bond, then the real estate and personal
property ofsuch person, of every kind with
ont exception or exemption, shall be liable to
execution on any Judgment recovered, and
said judgment shall be lien upon such real
eslate until 1t is paid.
SEC Is, And be 1t enacted, That from and
after the passage OF this Act 1t shall be the
duty of the grand jury in and for Garrett
county, at its several sessions, diligently 10
enquire into, and present and indict all per-
SOILS violating any of the provisions of this
Act, and 1t shall be 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 for violation of any Of tho
provisions of this Act.
GSH Aa sS sh & Be to pr
| vent the compromising or sale of any such
! liquors for medicinal purposes by pharma-
| cist ANA druggist, who shall or may obtain a
license under the license law OF this State.
and upon written bona ide prescription of
| Il regular practcing 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-
made is actually rick 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 VlO-
| 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 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-
| said county, for the benefit of the public
schools thereof, and SAID vioaters 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 presontment indictment or by trial
! 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,
| 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
i jury provided, however, that IL any person
1 WneD Drought before any usGlCe SlAli DelOTe
! trial pray q jury trial or II the states Attor-
ney for said county shall pray jury trial for
| the alleged offense on the part of the State. 1t
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 1t shall
be the duty of said justice to inform the per-
soH charged of his, her or their right TO Jury
trial in all cases,
SEC. 10. And be il enacted, That any per-
son or persons, corporation, con, pany 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
court ofjustice, shall in the discretion Of the
/ Court, pay fine of not more 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 fine and imprisonment in the discr,
ton Of the Court,
SEC. 20. And be 1t enacted, That II a major
ity OF the votes cast at said election are in ia-
vor of granting license. then the Clerk OF the
! Circuit Court be and he Is hereby directed to
issue such license in accordance with the pro-
| visions fthis Act on and after the first day
OF December, eighteen hundred and ninety.
SEC. q. And be 1t enacted, That nothing in
| this Act shall give permission for the grant
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