The Democratic advocate., 1908-05-08

license or sign more than one petition,
except in cases of the assignment OF
licenses. In cases where two or more
recommendations shall be signed by
the same person, the one first filed
with the Clerk shall be considered as
first signed, and his signature to all
subsequent petitions shall be deemed
void and of no effect. If any false
statement Of fact be made in any part
of said petition, the petitioner or peti-
TONERS shall,upon Indictment and con-
viction thereof, be deemed guilty OF
perjury, and the license, if any, shall
be revoked, and he or they be subject
to the penalties provided by the Gen
eral Laws of this State for the crime
of perjury.
Sec. 54 E. No license to sell spir-
ituous or fermented liquors in said
county shall be granted to any person
who is not citizen Of the United States
and at the time an actual resident OF
Carroll county, of temperate habits
and good moral character, ,and who has
in addition complied with the provis-
ions and requirements of this Act. No
license under this act shall be issued
for a longer period than one year,
and all licenses shall expire on the
first day of May in each year; if issued
for a shorter period, the licensee shall
pay for every month for which his Ii
cense is to run until the first day of
May, one-twelfth of the annual charge
for such license, and such fractional
license shall go into effect upon the
first of the month following the eX-
piration of the notice of his application.
Sec. 54 F. If after the notice pro-
vided for in this Act has been given
there be no remonstrances filed with
said Clerk against the issuing of any
license applied for within the time fix
ed by said notice, and said petition is
in accord with the requirements OF
this law, then said Clerk shall issue
the license applied for, to go into effect
the first day of the succeeding month,
upon the petitioner or petitioners pay
ing to said Clerk, if the proposed place
of sale is located in the City of West
minister, or within one-half mile of the
corporate limits thereof, the sum of
three hundred dollars and elsewhere
in said county the sum of two hundred
and fifty dollars, as we'll as the further
sum of fifty cents as fee to the Clerk,
but if there be any remonstrance or
objection filed against the issuing OF
any license petitioned for before the
expiration of the time fixed by the no
tice above required, the Clerk shall not
issue the same, but shall at once refer
the petition and objection or remon-
STRANGE to the Circuit Court for Car
roll county, and any judge thereof
shall fix date as early as practicable
when said petition and remOnStrance
shall be heard, and the Clerk shall
docket the case, notify the parties of
the time fixed, and at such hearing
the burden of proof shall be upon the
petitioner to establish such allegations
of his petition as are denied by the
remonstrance. The said Court shall
in its discretion, whenever in its opin-
ion the petitioner is or petitioners are,
unfit person or persons to be granted
such license, or the place for which the
said license is applied is not a proper
one for the sale of intoxicating LID
uorS with reference to the location of
any of the public schools or churches
of the county, or any other sufficient
cause, or if the petitioner has not COM
piled with all the prerequisites of this
Act, direct said Clerk not to issue said
license. And if said Court shall deter
mine that said license shall be issued,
then the Clerk shall issue the same,
upon payment to him of the license fee
hereinbefore provided for land the judge
hearing said petition and remonstrance
shall impose the payment of the costs
of such hearing in such manner as he
may deem equitable and just.
Sec. "a G.. The Clerk of the Circuit
Court for Carroll County shall keep
and preserve in his Office full record
of all applications for licenses and all
recommendations for and remOn-
strances against the granting thereof.
and the time and hour of filing the
same, whether it be granted or refus-
ed.
Sec. "a H. Druggists and apothe-
carries shall not be required to obtain
a license under the provisions of this
Act, but they shall not sell intoxicat-
ing liquors except on the written pre-
ScriptiOnS of regular physician nor
more than once on any one prescription
of physician, and every druggist or
apothecary shall keep a book for the
special purpose, and enter therein the
date of every sale of intoxicating liq-
quOr made by him, the person to whom
sold,the kind, quantity and price there
of, and the purpose for which. it was
sold, and shall file and preserve the
description. Any failure to comply
with the provisions of this section, or
produce said book and prescription
before the Court or any Justice OF
the Peace when ordered so to
do, shall render said druggist or
apothecary so failing, liable to the
same penalties as if he had sold
intoxicating liquors without license.
And any physician who shall willfully
prescribe any Intoxicating liquors, as
a beverage, for persons of known in
temperate habits, shall be guilty of
misdemeanor and upon conviction
thereof shall be subject to the same
penalties prescribed for licensees who
furnish, sell or give intoxicating liq-
uors to persons of intemperate habits.
Sec. "a I. No person having Ii
cense under the provisions of this Act
shall sell, give or barter in Carroll
county aforesaid any spirituous or
fermented liquors to any person who
is a minor or under twenty-one years
of age; nor knowingly sell, give or
barter to any person any spirituous or
fermented liquors to be drunk by any
person who is minor or under tWen-
ty-one years of age, or knowingly al
low upon the premises occupied by
such licensee any person who is a
minor or under twenty-one years OF
age to drink any spirituous or fermented
liquors, sold, bartered OF given by
him, nor shall any such licensee allow
any person who is q minor, or under