Section 5 Not to affect prosecutions to which persons would be liable if this Act had not passed.

Provided also that nothing in this Act contained shall extend or be construed to extend to prevent or effect any prosecution, by information or indictment, to which any person or persons would have been or would be liable, if this Act had not been enacted, for any offence within the provisions of this Act, unless the party shall have been first prosecuted under this Act.