5012 ARTICLE 23.

of and act in the stead of the Commissioners and other officers in this Act
mentioned shall be authorized to perform the duties and exercise the pow-
ers by this Act conferred upon the said Commissioners and other officers
mentioned in their respective capacities, it being understood that the
duties herein specified to be performed by the president of the Commis-
sioners shall be performed by the Mayor if there shall be one.

DRUGS.

1912, ch. 621, sec. 1.

71. It shall be unlawful for any person or persons, firm or corporation,
directly or indirectly, to sell or otherwise dispose of by way of barter, or
give away, in any place of business within the limits of Wicomico county,
any Turlington's Balsam, Jamaica Ginger, Picnic Ginger or any similar
preparation, provided that nothing in this act shall be construed to for-
bid or prevent the sale of any of the above mentioned drugs or patent me-
dicines by a bona fide druggist or pharmacist upon a prescription of a
regular practicing physician of Wicomico county.

1912, ch. 621, sec. 2.

72. Any person or persons who shall be guilty of violating any of the
provisions of this act direct or indirectly, shall upon conviction by a jus-
tice of the peace of said county or by the judges of the Circuit Court of
Wicomico County be fined a sum not exceeding $25.00 for the first offense
and for each subsequent conviction shall be fined a sum not exceeding
$50.00, or sentenced to imprisonment in the House of Correction for not
less than six months nor more than twelve months or both in the discre-
tion of the Court or justice of the peace having jurisdiction.

1912, ch. 621, sec. 3.

73. If any person makes a sworn complaint or affidavit before any
justice of the peace in and for Wicomico county having criminal jurisdic-
tion (particularly describing the house or place to be searched and the
things to be searched for) that he has reason to believe and does believe
that the aforesaid drugs or patent medicines or any one of them are sold
or kept for the purpose of being sold in violation of the provisions of this
act, such justice of the peace shall issue his warrant to any officer the com-
plainant may designate having power to serve criminal process, com-
manding him to search the premises described in such complaint and war-
rant, and if any such shall there be found in quantities and under such
conditions to suggest that it be kept for sale, the same shall be taken into
his custody, and shall be safely kept and produced before the justice of the
peace issuing the warrant, and he shall make a full and complete return
in writing to the justice of the peace issuing the warrant within five days
from the date of the issuance of said warrant, and otherwise the proceed-
ings shall be substantially the same as provided for prosecutions under
section 11 of Chapter 139 of the Acts of 1908, to which extent and pur-