ELIHU E. JACKSON, ESQUIRE, GOVERNOR.

793

iscriptions shall be filed and kept by such pharmacist and drug-

gist, and no prescription shall serve for more than one purchase ;

but no physician shall make or sign any such prescription unless

the person for whom it is made is actually sick, and such liquor

is deemed by such physician necessary as a medicine; any phy-

sician who shall make or sign any prescription for such liquor,

Pharma-
cists.

except as aforesaid, shall be deemed guilty of a violation of this

act, and upon conviction thereof shall be fined not less than fifty

dollars, nor more than two hundred dollars for each offence; and

if the buyer shall obtain a prescription by misrepresentation, he

shall likewise be deemed guilty of a violation of this act, and upon

conviction thereof shall be subject to the same fine as the phy-

eician 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 com-

missioners 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.

SEC. 18. And be it enacted, That all prosecutions for violations

of this act may be either upon presentment, 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 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 jurisdiction, and may pronounce judgment and sentence to

the same extent and manner as the circuit court for said county

Prosecu-
tion.

could do in such cases if they were tried before said court with-

out the intervention of a jury; provided, however, that if any per-

son when brought before any justice shall, before trial pray a jury

trial, or if the State's attorney for said county shall pray a jurj

trial for the alleged offence on the part of the State, it shall be

the duty of said justice to commit such offender for trial, or hold

him to bail to appear for trial in the circuit court for said

county, at its then session, if it be then in session, or at its next

session if it be not then in session, and to return the commit-

ment or recognizance with the names and residences of the wit-

nesses for the prosecution endorsed therein forthwith to the

clerk; and it shall be the duty of said justice to inform the per-

son charged of his, her or their right to a jury trial in all cases.

SEC. 19. And be it enacted, That any person or persons, cor-

poration, company or association violating any of the provisions

of this act by selling directly or indirectly, bartering or trading

Fine.

any kind of intoxicating liquors in said county, upon conviction

in a court of justice, shall in the discretion of the court, pay a

fine of not more than three hundred dollars nor less than fifty

dollars, or be imprisoned in the county jail for not less than

thirty days nor more than three months, or both fine and im-

prisonment, in the discretion of the court.