LAWS OF MARYLAND.— 1832.

1085

CHAPTER 273.

A further additional SUPPLEMENT to the ACT of December session,
eighteen hundred and twenty-seven, chapter one hundred and seven-
teen, entitled, an Act to regulate the issuing of Licenses to Traders,
Keepers of Ordinaries, and others.
See notes to the original act, ante page 928.

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That no person shall expose for sale, or sell, any goods, wares
or merchandise, with a view to profit in the way of trade, unless
he or she shall first obtain a license to trade, and any person

Person!
selling
without li-
cense.

herein offending shall be liable to indictment ; and upon con-
viction, be adjudged to pay a sum not less than ten dollars, nor
more than one hundred dollars, for each and every offence ; the

indictment.
Liable to
Penalty.

whole of which penalty shall, upon its being collected, be paid
over by the sheriff collecting the same, to such person as the
grand jury shall flame upon their presentment, as the informer,
who shall be received as a competent witness ; and when no
informer is named, such penalty shall be paid into the public

The whole
to be paid
to informer.
Who is
made a
competent
witness.

treasury, as in other cases ; Provided however, that nothing in
this act contained, shall be construed to require any persott or
persons, or body corporate, to have a license for selling or deal-
ing in any goods, wares or merchandise, in respect of which a
license is not made necessary by the act to which this is a sup-
plement, or by any of the supplements to said act heretofore
passed.

Proviso.

SEC. 2. And be it enacted, That by the license to trade, men-
tioned in this act, shall be understood all or any of the licenses
to authorize sales, required to be taken out or issued under the
acts of assembly to which this act is a supplement ; that all

License to
trade.
How
construed.

presentments, or indictments, which charge an offence sub-
stantially in the terms of the first section of this act, shall be
deemed and taken to be sufficiently well pleaded in law, to war-
rant a conviction and judgment; and that all competent matters

Charge for
offence.

tending to excuse a party presented or indicted, from any obli-
gation to take out a license under the existing laws, or from the
penalty hereby created, may be given in evidence under an in-
dictment so framed, and shall avail as a defence to, or a justi-
fication of, the matters charged according to their legal effect
under the whole system.

Plea
allowed.

SEC. 3. And be it enacted, That all sales made in the ordi-
nary course of trade by the co-partner, wife, agent or servant,
of the party presented or indicted, shall be deemed to be made

Sale con-
strued.

by such party, and given in evidence as his act : and that the
words, goods, wares, and merchandise, as used in the first sec-
tion of this act, shall include spirituous add fermented liquors.
SEC. 4. And be it enacted. That the seventh and ninth sec-
tions of the act of eighteen hundred and twenty-seven, chapter

Items in-
cluded.
7th and 9th
sees. 1827,
ch. 117, re-
pealed.