The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1906-09-07

medicine, and any physician who
shall under any other circumstances
give suoh prescription, and any
pharmacist or druggist who shall un.
der any otner circumstances sell or
barter any spirituous or fermented
liquors shall each be liable to the penal.
ties imposed by the preceding Section
6 of this Act, and no druggist or phar-
macist shall sell or barter or keep for
sale or barter any intoxicating liquors
except for such prescriptions.
Sec. 8. All prosecutions for viola.
tions of the preceding section Of this
Act may be either upon presentment
and indictment or by trial before a
justice of the peace in and for Prince
Georges county who shall have juris.
diction, original and concurrent with
the Circuit Court for Prince Georges
County. and any justice of the peace
for said county shall have power to
issue all process and to do all acts
which may be necessary to the exer.
else of his Jurisdiction, as now pre-
scribed by law, and to commit all
offenders till fines and costs are paid;
and any person or persons who shall
be brought before any justice Of the
peace, charged with and convicted OF
a violation of any provision or provis-
ions of this Act, who shall feel aggriev-
ed by the judgement of said justice,
may pray an appeal to the Circuit
Court for Prince Georges County
within ten days, and either party be
entitled to jury trial, and an appeal
may be taken by States Attorney,
and said justice shall hold said person
or persons 80 convictad and all wit
nessess summoned in the case under
recognizance to appear at the next
regular jury term Of the Circuit Court
aforesaid, or commit them in default
Of bail and transmit a copy of the
warrant or judgement to the said
Court, and said case be placed on the
appeal docket of said county.
Sec. 9. It shall not be necessary, in
order to convict any one violating the
provisions of Section 5 or of this
Act, to prove the actual sale, delivery
or payment for any liquor, but having
or keeping them in hand, or offering
to sell or barter, or the evidence Of an
intent to sell shall be sufficient to con-
vict; nor shall it be necessary in war
rant or an indictment to specify the
particular kind of liquor sold, barter
ed, given away or kept; but it shall
be sufficient to allege in the warrant
or indictment that the traverser bar.
tered, sold or orgive away, or solicited
ed for or received orders for intoxicat.
ing liquor, or kept it deposited or
had intent to barter, sell or given
away any spirtuous or fermented
liquors or Intoxicating drinks within
said town. And in the trial of any
case for the violation of the
provisions of this Act, it shall be law
full for the prosecution to offer in evil
dencc that the traverser, or some one
for him, her, it or them has paid a
special tax to the United States
Government under the internal reve-
nue. laws thereof, as brewer, wholesale
dealer in liquors, retail dealer in liquors
or dealer in malt liquors, as the case
may be, or has applied to the same or
any one of them, or applied to
be registered with the Collector
of Internal Revenue for this district,
or made application to be registered
either by the collectors testimony
one Of his deputies, or Of any one who
has examined his books, or by the GER
tificate of the Collector of Internal
Revenue, or by having at his, her, its
or their place of business the posses.
sion Of license from the United
States Government to sell spirituous
or fermented liquors of any kind, or a
receipt for money paid therefor, and
such testimony, when offered, shall be
prima facie evidence that Section S oil
this Act has been violated and suffic.
lent evidence to convict unless dis.
proved by positive testimony. s
SECTION 10. Whenever any person
shall charge on oath or affirmation
before any justice Of the peace or
grand jnry, shall present, that any
person or persons, house, company,
association, club or body corporate
has or have been violated the provis.
ons of Section s of this Act, and shall
request said justice of the peace so to
do, or in case of presentment by the
rro nd ;nrv tho sai6 Grand iurv shall