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Session Laws, 1880
Volume 395, Page 539   View pdf image (33K)
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WILLIAM T. HAMILTON, ESQUIRE, GOVERNOR. 539

less than thirty nor more than two hundred dollars,


and the costs of prosecution, or instead of such fine,


if a person shall be imprisoned in the county jail for


thirty days, in the discretion of the court; and on


the second and every subsequent conviction the


minimum and maximum of said fines, for the next


preceding offence, shall be doubled, with the costs of
prosecution in each case added ; and the imprison-


ment for the second offence, if a person, shall


not be less than thirty nor more than sixty days,


and the minimum and maximum of imprisonment


for every subsequent conviction shall be alike, the


double of that next preceding.


SEC. 3. And be it enacted, That no person, corpor-


ation, company or association, shall deposit or have


in his or its possession any intoxicating liquors with


intent to sell the same in violation of law, or with


intent that the same shall be sold by any person,


corporation, company or association, or to aid, assist

Subject to

any person, corporation, company or association in

like fines.

such sale ; and any person, corporation, company or
association, violating the provisions of this section,


shall be subject to the like fines and punishment as


are presented for violations of the provisions of the


second section of this act.


SEC. 4. And be it enacted, That all prosecutions


for violations of the provisions of this act may be


either upon presentment and indictment, or by trial


before a justice of the peace who shall have jurisdic-


tion, original and concurrent, with the several circuit

Concurrent

courts, [or by trial before a justice of the peace, who

jurisdiction.

shall have jurisdiction original and concurrent with


the several circuit courts]; provided, that in all cases


when justices of the peace have jurisdiction as


aforesaid, either party may have the right to appeal


to the circuit court.


SEC. 5. And be it enacted, That State's attorneys


and justices of the peace having knowledge of any


previous conviction of any person accused of violat-

Not to dis-

ing the provisions of this act, in preparing warrants,

miss or stet

presentments and indictments, shall allege such pre-


vious conviction therein ; and it shall be the duty of


the clerks of the circuit courts to furnish such infor-




 

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Session Laws, 1880
Volume 395, Page 539   View pdf image (33K)
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