616

LAWS OF MARYLAND.

before justices of the peace, who shall have jurisdic-

tion, original and concurrent, with the circuit court

of said county ; provided that in all cases where

justices of the peace have jurisdiction as aforesaid,

either party may have a jury trial, provided the
same is filed before trial before the justice of the

peace.

SEC. 5. And be it enacted, That State's attorneys

and justices of the peace having knowledge of any

previous conviction of any person accused of vio-

lating the provisions of this act, in preparing war-

rants, presentments and indictments, shall allege

such previous conviction therein ; and it shall be

the duty of the clerk of the Circuit Court to furnish

Allege previ-

such information to the State's attorney and grand

ous convic-

juries ; but it shall not be necessary to set forth par-

tion.

ticularly in any such presentment or indictment the

record of a former conviction, but it shall be suffi-

cient to allege briefly that said person, corporation,

company or association had been convicted of a vio-

lation of any particular provisions of this act ; and

any such indictment or proceeding may be amended

at any stage of the proceedings before final judg-

ment, and as a matter of right.

SEC. 6. And be it enacted, That nothing herein

contained shall he construed to prevent the sale of

intoxicating liquors for medicinal purposes ; but no

sale of such prohibited liquors shall be deemed a

sale for medicinal purposes unless the buyer presents

the prescription of some respectable physician, or

unless the seller be a physician, in which case he

shall take the buyer's certificate of the facts upon

which he acts, said prescription and certificate to

How constru-

be preserved by the seller for his vindication ; and

ed.

the said prescription and certificate, in all cases, shall

be proof of bona fides on the part of the seller, unless

collusion be shown ; and if it be shown the buyer

procured a prescription by misrepresentation, or

subscribed a false or fraudulent certificate, he shall

be guilty of a misdemeanor, and on conviction shall

be punished in the same manner and to the same

extent as the seller would have been had he been

found guilty of a violation of the provisions of this

act ; and no such physician shall give a prescription