ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

237

SEC. 2. And be it enacted, That if it shall be found by said

return of the judges of election and proclamation or certificate of

said clerk, that a majority of the votes cast at said election has

been cast against the sale of spirituous, fermented or alcoholic

liquors or bitters, that then it shall not be lawful for any person

or persons, house, corporation, company or association, to sell or

Unlawful

barter directly or indirectly either himself, herself or themselves,

or through an agent, agents or servants, any spirituous or fer-

mented liquors, ale, lager beer, hard cider or alcoholic bitters, at

any place within the limits of said fifth election district known

as "Freedom district" in said county, after the first day of May,

eighteen hundred and ninety, nor shall the clerk of the circuit

court for Carroll county issue any license for the sale of the same

Clerk's

in said district; but if it shall "appear by said return that a

duties.

majority of the votes have been cast for the sale of spirituous,

fermented or alcoholic liquors or bitters, then the then existing

license law shall remain in force.

SEC. 3. And be it enacted, That if any person or persons, house,

company, association or body corporate, his, her or their agents

or servants, shall sell or barter directly or indirectly any spir-

ituous or fermented liquors, alcoholic bitters or intoxicating

drinks of any kind within the limits of said district, if the

majority of the votes cast at the election held as aforesaid be

Fine.

against the sale of spirituous, fermented or alcoholic liquors or

bitters after the first day of May, eighteen hundred and ninety,

he, she, it or they shall on conviction thereof, forfeit and pay a

fine of not less than fifty dollars or more than one hundred dol-

lars, and the costs of prosecution, or be confined in the county

jail for thirty days, or both fined and imprisoned in the discretion

of the court or justice of the peace.

SEC. 4. And be it enacted, That all prosecutions for violations

of this act may be either upon presentment and indictment in the

circuit court, or by trial before-a justice of the peace, and all jus-

tices of the peace in said county shall have jurisdiction, original

and concurrent, with the circuit court for said county; and said

justices of the peace shall have power to issue all processes and

do all acts which may be necessary to the exercise of their said

jurisdiction, and may try and determine all cases for the viola-

Jurisdic-
tion

tion of this act, and pronounce judgment and sentence and en-

force the same to the same extent and manner as the circuit court

for said county can do in such cases; provided, that if any per-

son when brought before any justice shall before trial pray a jury
trial, it shall be the duty of said justice to commit such offender

for trial, or hold him to bail to appear for trial at the next ensuing

term of the circuit court for said county, to which petit jurors

may be summoned, and to return the commitment or recognizance,

with the names of the witnesses endorsed thereon forthwith to