ROBERT M. McLANE, ESQUIRE, GOVERNOR.

325

be committed to the jail of said county until such fine

and costs are paid; one-half of the fine imposed for

the violation of this act shall go to the informer, and

Disposition of
fines.

the residue to the board of school commissioners of

said county for the benefit of the public schools

therein.

SEC. 5. And be it enacted, That nothing herein

contained shall be construed to prevent the compound-

ing or sale of any such liquors for medicinal purposes

by a pharmacist or druggist, who shall or may obtain

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

pharmacist or druggist, and no prescription shall serve

filed.

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, in the year

eighteen hundred and eighty-six, make or sign any

prescription for such liquor except as aforesaid, in case

the majority in said county, or in any election district

thereof, respectively, is against the sale of intoxicating

liquors, as aforesaid, shall be deemed guilty of a viola-

tion of this act, and upon conviction thereof, shall be

Penalty.

fined not less than fifty dollars, nor more than two

hundred dollars for the first offense, and not less than

two hundred, nor more than five hundred dollars for

each subsequent offense; 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 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

Penalty.

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

Prosecutions?

hereby declared to be criminal offences, may be, either

how conducted.

upon presentment and indictment, or by trial before a