ROBERT M. McLANE, ESQUIRE, GOVERNOR.

189

a license under the license laws of this state, and upon

a written bona fide prescription of a regular practising

physician, whose name shall be signed thereto; and

all such prescriptions shall be filed and kept by such

Prescriptions
to be filed and

pharmacist or druggist, and no prescription shall serve

kept.

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 absolutely necessary as a medicine. Any physician

who shall, after the said first day of May, eighteen

hundred and eighty-five, make or sign any prescrip-

tion for such liquor, except as aforesaid, shall be

deemed guilty of a violation of this act, 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 nor more than five

hundred dollars for each subsequent offence; and if

the buyer shall obtain a prescription by misrepresen-

tation he shall likewise be deemed guilty of a violation

of this act, and upon conviction thereof shall be sub-

Fine— how
disposed of.

ject 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 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; nor shall anything herein be construed

to prohibit a sale by a pharmacist or druggist in case

of extreme illness, when delay may be dangerous to

the patient.

SEC. 6. And be it enacted, That all prosecutions for

violations of the provisions of this act, and which are

hereby declared to be criminal offences, may be either

upon presentment and indictment, or by trial before a

justice of the peace, who shall have jurisdiction origi-

nal and concurrent with the circuit court of said

county; and the said justice shall have power to issue

all process and to do all acts which may be necessary

Prosecutions —

to the exercise of his said jurisdiction, and may try

how made.

and determine all cases whereof he may have jurisdic-

tion, and may pronounce judgment and sentence there-

in, in the same manner and to the same extent as the

circuit court for said county could do in such cases, as

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