ROBERT M. McLANE, ESQUIRE, GOVERNOR.

449

of said public schools, and said violators shall be com-

mitted to the county jail of said county till such fines

and costs are paid; nor shall anything herein be con-

strued to prohibit a sale by a pharmacist or druggist

in case of extreme illness, when delay may be danger-

ous to the patient.

SEC. 7. And be it enacted, That all prosecutions for

violation of the provisions of this act, which are here-

Prosecutions —

by declared to be criminal offences, shall be by pre-

how conducted

sentment or indictment; and it is enacted that the

state's attorney and justices of the peace having

knowledge of any previous conviction of any person

accused of violating the provisions of this act, in pre-

paring warrants, presentments and indictments, shall

allege such previous conviction therein, and it shall

Allege previous

be the duty of the clerk of the circuit court to furnish

conviction.

such information to the state's attorney and grand

jury; but it shall not be necessary to set forth particu-

larly in any such presentment or indictment the record

of a former conviction, but it shall be sufficient to

allege briefly that said person, company, corporation

or association, had been convicted of a violation of

any particular provision of this act; any such in-

dictment or proceeding may be amended at any stage

of the proceedings before final judgment and as a

matter of right.

SEC. 8. And be it enacted, That this act shall take

Effective.

effect from the date of its passage.

Approved April 8, 1884.