ROBERT M. McLANE, ESQUIRE, GOVERNOR.

479

the second and every subsequent conviction not less

than one hundred dollars nor more than five hundred

dollars, and in addition to such fine imprisonment in

the county jail for not less than thirty days nor more

than ninety days, in the discretion of the court; and on

failure to pay any such fine as herein described, he, she

or they shall be committed to the jail of said county

until such fine and costs are paid; one-half of the

Fines— how

fine imposed for the violation of this act shall go to

disposed of.

the informer, and the residue to the board of school

commissioners of said county for the benefit of the

public schools therein.

SEC. 3. And be it enacted, That nothing herein

contained shall be construed to prevent the compound-

How construed

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 practicing

physician, whose name shall be signed thereto; and all

Prescriptions

such prescriptions shall be filed and kept by such

filed.

pharmacist or druggist, 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 absolutely necessary as a medicine; any physician

who shall, after the said first day of May, in the year

eighteen hundred and eighty-four, make or sign any

prescription for such liquor except as aforesaid, shall

When deemed

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

guilty.

conviction thereof shall be fined not less than fifty

dollars nor more than two hundred dollars for the

first offense, and not less than two hundred dollars

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 physi-

cian who shall violate the same, the one-half of said

Fines— how

fine to be paid to the informer, and the residue to the

disposed of.

board of school commissioners 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.