540

LAWS OF MARYLAND.

mation to the State's attorney and grand juries,

and whenever an indictment has been found in any

such case, no State's attorney shall dismiss or stet,

or fail to prosecute the same, except special order of

the court; and if any State's attorney or justice of

the peace shall refuse or knowingly neglect to allege

such previous conviction, or if any State's attorney

shall fail to prosecute as provided herein, in every

such case he shall forfeit one hundred dollars, to be

recovered in an action of debt to be brought by the

Attorney General, in the name of the State.

SEC. 6. And be it enacted, That for a violation

of the provisions of this act, relating to the sale of

intoxicating liquors, other than for the first offence,

it shall not be necessary to set forth particularly the
record of any former conviction, but it shall be suffi-

May be amen-
ded.

cient to allege briefly that such person, corporation,

company or association has been convicted of a vio-

lation of any particular provisions of this act, and

any such indictment or proceeding may be amended

at any stage of the proceedings before final judg-

ment.

SEC. 7. And be it enacted, That nothing herein

contained shall be construed to prevent the sale of

intoxicating liquors for medicinal purposes, but no

sale of such prohibited liquors shall be deemed a

How con-
strued

sale for medicinal purposes unless the buyer pre-
sents the prescription of some respectable physician,

or unless the seller be a physician, in which case he

shall take the buyer's certificate of the facts upon

which he acts, said prescription and certificate to be

preserved by the seller for his vindication ; and the

said prescription and certificate in all cases shall be

proof of bona fides on the part of the seller, unless

collusion be shown; and if it be shown the buyer

procured a prescription by misrepresentation, or

False or

subscribe a false, fraudulent certificate, he shall be

fraudulent.

guilty of a misdemeanor, and on conviction, shall be

punished in the same manner and to the same ex-

tent as the seller would have been had he been

found guilty of a violation of the provisions of

this act ; and any physician who shall, by collusion

or otherwise, violate the provisions of this section,

shall, on conviction, be punished in the same man-