SEC. 2. Be it further enacted, That any person Penalty. or persons violating the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than fifty nor more than five hundred dollars, and may be sentenced to hard labor for the county for not less than two nor more than six months, one or both, at the discretion of the court trying the same.

SEC. 3. Be it further enacted, That all laws and parts of laws in conflict with the provisions of this act be, and the same are hereby repealed. Approved Dec. 8, 1873.

To prohibit the sale, gift or barter of intoxicating liquors within two miles of Marble Spring Presbyterian Church, Owen Spring Methodist Church, Salem Baptist Church, and the town of Estaboga, in Talladega county.

SECTION 1. Be it enacted by the General Assembly of Alabama, That from and after the date Prohibition. of the passage of this act, it shall be unlawful for any person or persons to sell, give away, or barter any vinous, spirituous or malt liquors, or any bitters of which any intoxicating liquor is a component part, within two (2) miles of Marble Spring Presbyterian Church, Owen Spring Methodist Church, Salem Baptist Church, and the town of Estaboga, in Talladega county.

SEC. 2. Be it further enacted, That any person Penalty. violating the provisions of this act shall be guilty of a misdemeanor, and must, upon conviction, be imprisoned in the county jail or sentenced to hard labor for the county for not less than three nor more than six months, and may also be fined not more than five hundred dollars.

Approved Nov. 25, 1873.

Prohibition.

Penalty.

In default of

work for the

To prohibit the sale or giving away of any vinous or
spirituous liquors within four miles of the Round
Mountain Iron Works, and Tecumseh Iron
Works, or coaling grounds, in Cherokee county.

SECTION 1. Be it enacted by the General Assembly of Alabama, That it shall not be lawful for any person to sell or give away any vinous or spirituous liquors within four miles of the Round Mountain Iron Works, and Tecumseh Iron Works, or coaling grounds, in Cherokee county, unless as medicine, under written prescription of a physician, designating the patient, and quantity to be administered.

SEC. 2. Be it further enacted, That any person violating the provisions of the foregoing section shall be decreed guilty of a misdemeanor, and may be indicted therefor, and, on conviction, must be fined not less than fifty dollars, and stand committed till fine and costs are paid or secured.

SEC 3. Be it further enacted, That in case of payment to failure to pay or secure said fine and cost, it is made county. the duty of said court to sentence the defaultant to labor three months for the use of the county. Approved Dec. 17, 1873.

Prohibition.

To prohibit the sale, giving away or otherwise disposing of spirituous, vinous or malt liquors or intoxicating bitters, or other intoxicating beverages, within two miles of Yongesboro, a station on the Western Railroad of Alabama, and within one and a quarter miles of the kilns of the Chewacla Lime Company, both in the county of Lee.

SECTION 1. Be it enacted by the General Assembly of Alabama, That from and after the passage of this act, it shall be unlawful for any person or persons to sell, give away or otherwise dispose of spiritous, vinous or malt liquors, intoxicating bitters, or other intoxicating beverages, within two miles of

Yongesboro station, on the Western Railroad of Alabama, or within one and a quarter miles of the kilns of the Chewacla Lime Company, both in the county of Lee, unless the same shall be sold or administered for family medicinal purposes under a medical prescription.

SEC. 2. Be it further enacted, That any person Penalty. violating the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction, shall be fined not less than one hundred dollars, and may be imprisoned in the county jail for not less than thirty days, at the discretion of the judge trying the case, and on failure to pay, or secure to be paid said fine and the costs, shall be sentenced to hard labor for the use of the county in which such conviction is had for not less than fifty days.

Approved December 17, 1873.

To amend an act entitled "an act to prevent the sale of liquor within a mile of Choccolocco Bridge, on Truss' Ferry road, in Talladega county, approved January 27th, 1872.

SECTION 1. Be it enacted by the General Assembly of Alabama, That the above recited act, approved January 27th, 1872, be so amended as to read as follows, to-wit: Section 1. Be it enacted by section as the General Assembly of Alabama, That from and amended. after the passage of this act, it shall not be lawful for any person to sell, give or deliver to another person any vinous, malt or spirituous liquor, in any quantity, within one mile of the bridge across Choccolocco Creek, on the public road leading from the city of Talladega to Truss' ferry, in Talladega county.

SEC. 2. Be it further enacted, That any person Penalty. violating the provisions of this act shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than fifty, and not more than two hundred dollars, at the discretion of the jury

Former act repealed.

trying the cause, in any court of competent jurisdiction in said county.

SEC. 3. Be it further enacted, That the act as it now reads, to which this act is an amendment, approved Jannary 27, 1872, be, and the same is hereby repealed.

Approved December 17, 1873.

Prohibition.

Penalty.

Physicians al

scribe.

To prohibit the sale, giving away, or otherwise disposing of vinous, spirituous or malt liquors, intoxicating bitters, or other intoxicating beverages within two and a half mines of the Pierce Coal Mines, in section 12, township 14, range 3, west, and also within two and a half miles of New Castle Coal Mines, in Jefferson county:

SECTION 1. Be it enacted by the General Assem bly of Alabama, That from and after the passage of this act it shall be unlawful for any person or persons to sell, give away, or otherwise dispose of vinous, spirituous, or malt liquors, intoxicating bitters, or other intoxicating beverages, within two and a half miles of the Pierce Coal Mines, in section 12, township 14, range 3, west, and also within two and a half miles of New Castle Coal Mines, in Jefferson. county.

SEC. 2. Be it further enacted, That any person or persons violating the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined not less than fifty nor more than one hundred dollars for each offense, and may be imprisoned in the county jail not exceeding sixty days, at the discretion of the court or jury trying the same.

SEC. 3. Be it further enacted, That the provislowed to pre-ions of the foregoing sections shall not be so construed as to prohibit physicians from prescribing spirituous liquors of any kind in their practice, or the use of wine for sacramental purposes, nor shall they be so construed as to prohibit the manufacture, use or disposal in any way of domestic wines; nor

residence.

further, so as to prohibit one person from giving to One person any other person one or more drinks of such liquors may give at his in his private residence, if such residence is not in any way connected with or a part of a hotel, store or shop, or other house where public business is carried on or transacted: Provided, Such use is restrained within the limits of temperance. Approved December 17, 1873.

Making it unlawful for any person to sell, give, or make use by drinking in a public place, any vinous or spirituous or intoxicating liquors in, at, or within five miles of the town of Centre, the county seat of Cherokee county, and for other purposes as therein shown.

Prohibition in

SECTION 1. Be it enacted by the General Assembly of Alabama, That it shall be unlawful for any a public place, person to sell, give, or make use of by drinking in a public place, any vinous or spirituous or intoxicating liquors, in, at, or within five miles of the town of Centre, the county seat of Cherokee county. A pub- Meaning of lic place within the meaning and intention of this "public place.” act, shall be understood to be any hotel, storehouse, office, shop, or public buildings, or other place where the public have a right to go, including all the streets, alleys, and commons of said town, also the public square, public well and jail-yard and curtilages, and all the grounds, stables and lots connected with and constituting a part of the premises of the hotel; and any person violating the provision of Penalty. this section of this act shall be deemed and held to be guilty of a misdemeanor, and subject to indictment, and must, on conviction, be fined in a sum not less than fifty dollars, nor more than one hundred dollars, at the discretion of the jury trying the same, and must stand committed until fine and cost are paid, or secured, and in the event the same is not secured, the court must sentence the defendant to labor for the county for three months.

SEC. 2. Be it further enacted, That if any person