WILLIAM T. HAMILTON, ESQUIRE, GOVERNOR. 539
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less than thirty nor more than two hundred dollars,
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and the costs of prosecution, or instead of such fine,
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if a person shall be imprisoned in the county jail for
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thirty days, in the discretion of the court; and on
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the second and every subsequent conviction the
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minimum and maximum of said fines, for the next
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preceding offence, shall be doubled, with the costs of
prosecution in each case added ; and the imprison-
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ment for the second offence, if a person, shall
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not be less than thirty nor more than sixty days,
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and the minimum and maximum of imprisonment
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for every subsequent conviction shall be alike, the
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double of that next preceding.
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SEC. 3. And be it enacted, That no person, corpor-
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ation, company or association, shall deposit or have
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in his or its possession any intoxicating liquors with
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intent to sell the same in violation of law, or with
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intent that the same shall be sold by any person,
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corporation, company or association, or to aid, assist
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Subject to
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any person, corporation, company or association in
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like fines.
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such sale ; and any person, corporation, company or
association, violating the provisions of this section,
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shall be subject to the like fines and punishment as
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are presented for violations of the provisions of the
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second section of this act.
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SEC. 4. And be it enacted, That all prosecutions
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for violations of the provisions of this act may be
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either upon presentment and indictment, or by trial
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before a justice of the peace who shall have jurisdic-
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tion, original and concurrent, with the several circuit
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Concurrent
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courts, [or by trial before a justice of the peace, who
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jurisdiction.
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shall have jurisdiction original and concurrent with
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the several circuit courts]; provided, that in all cases
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when justices of the peace have jurisdiction as
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aforesaid, either party may have the right to appeal
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to the circuit court.
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SEC. 5. And be it enacted, That State's attorneys
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and justices of the peace having knowledge of any
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previous conviction of any person accused of violat-
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Not to dis-
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ing the provisions of this act, in preparing warrants,
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miss or stet
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presentments and indictments, shall allege such pre-
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vious conviction therein ; and it shall be the duty of
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the clerks of the circuit courts to furnish such infor-
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