ART. 3.] LIQUOR AND INTOXICATING DRINKS. 217

person for whom it is made is actually sick, and such liquor is
absolutely necessary as a medicine; any physician who shall make
or sign any prescription for such liquor except as aforesaid, shall
be deemed guilty of a violation of said sections, and upon con-
viction thereof shall be fined not less than fifty dollars nor more
than two hundred dollars for the first offence, and not less than
two hundred dollars nor more than five hundred dollars for each
subsequent 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 the physician who shall violate the
same, the one-half of said fine to 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, when delay may be dangerous to the patient.

1884, ch 359.

147. All prosecutions for violations of the three preceding
sections, which are hereby declared to be criminal offences, may
be either upon presentment and indictment, or 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 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 juris-
diction, and may pronounce judgment and sentence therein in
the same manner and to the same extent as the circuit court for
said county could do in such cases, if such cases were tried before
said court without the intervention of a jury; provided, however,
that if any person, when brought before any such justice having
jurisdiction of the case, shall, before trial for the alleged offence,
pray a jury trial, or if the State's attorney for said county shall,
before trial of such alleged offence, pray a jury trial on the part
of the State, it shall be the duty of any such justice to commit
such alleged offender for trial, or to hold him to bail to appear
for trial in the circuit court at its then session, if it be in session,