58

LAWS OF MARYLAND.

Penalty.

SEC. 2. And be it enacted, If any person, house, company,
association or body corporate, his or their agents or servants,
shall sell or baiter, directly or indirectly, any spirituous or
fermented liquors, alcoholic bitters or intoxicating drinks of
any kind, within the limits aforesaid, he or they shall, on con-
viction thereof, forfeit and pay a fine of not less than fifty
dollars or more than three hundred dollars, and the costs of
prosecution, or be confined in the Maryland House of Correc-
tion for thirty days or in the county jail for thirty days, or be
both fined and imprisoned, in the discretion of the court or
justice of the peace.

Powers of
Justices of
the peace.

SEC. 3. And be it enacted, That all prosecutions for viola-
tions of above sections may be either upon presentment and
indictment in the Circuit Court or by trial before a justice of
the peace; and all justices of the peace in said county shall
have jurisdiction, original and concurrent, with the Circuit
Court for said county; and said justices of the peace shall have
power to issue all process and do all acts which may be
necessary to the exercise of his said jurisdiction, and may try
and determine all cases for the violation of said sections and
pronounce judgment and sentence and enforce the same to the
same extent and manner as the Circuit Court for said county

Jury trial.

can do in criminal cases; provided, that if any person when
brought before any justice shall before trial pray a jury trial,
or if the State's Attorney shall pray a jury trial, it shall be
the duty of said justice to commit such offender for trial, or
hold him to bail to appear for trial at the next Circuit Court
for said county, and to return the commitment or recognizance,
with the names of witnesses endorsed thereon, forthwith to the
clerk of said court; and said justice shall in every case inform
the offender of his right to jury trial.

Provisions as
to druggists.

SEC. 4. And be it enacted, That nothing contained in sections
one and two shall be construed to prevent the compounding
of liquors in a prescription by a pharmacist or druggist upon
a written and bona fide prescription of a regular practising
physician of medicine, whose name shall be signed thereto, and
such prescriptions shall be filed and numbered in regular order,
and no prescription shall serve for more than one purchase.
No physician shall give any such prescription unless the per-
son is actually sick, and in the opinion of such physician
actually requires the same; and any physician who shall under
any other circumstances give such a prescription, shall be liable
to the penalties prescribed by section two; but nothing in this