ART. 12.] LIQUOR AND INTOXICATING DRINKS. 1263
thereof shall be fined not less than fifty dollars nor more than two
hundred dollars for the first offence, and not less than two hun-
dred dollars nor more than five hundred dollars for each subse-
quent offence; and if the buyer shall obtain a prescription by
misrepresentation, he shall likewise be deemed guilty of a violation
of said sections, and upon conviction thereof shall be subject to
the same fine as a physician who shall violate the same; one-half
of said fine shall be paid to the informer, and the residue to the
board of school commissioners of said county for the benefit of
the public schools thereof; and said violators shall be committed
to the county jail of said county until such fine and costs are
paid; but nothing herein shall be construed to prohibit a sale by
a pharmacist or druggist, in case of extreme illness, where delay
may be dangerous to the patient.
1886, ch. 241.
142. All prosecutions for violations of this sub-title of this
article, may either be upon presentment and indictment, or by
trial before a 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 process, and to do
all acts which may be necessary to the exercise of his said juris-
diction; and may try and determine all cases whereof he may
have jurisdiction, and may pronounce judgment and sentence to
the same extent and manner as the circuit court for said county
could do in such case if they were tried before said court without
the intervention of a jury; provided, however, that if any person,
when brought to trial, or if the State's attorney for said county
shall pray a jury trial for the alleged offence, on the part of the
State, it shall be the duty of said justice of the peace to commit
such offender for trial, or hold him to bail to appear for trial at
the then term of the circuit court, if it be in session, and if not,
to the next term, and to return the commitment or recognizance,
with the names and residence of the witnesses for the prosecution
endorsed thereon, forthwith to the clerk of said court; and it shall
The the duty of said justice of the peace to inform the person
charged, of his right to a trial by jury in all cases.
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