LAWS OF MARYLAND.— 1806.

539

plaintiff the amount of his debt and costs, he shall have the
same remedy against the defendant, on the plaintiff's judgment
against him, as the plaintiff himself might originally have had.
SEC. 5. And be if enacted, That this act shall continue to

his debt and
costs, to
have reme-
dy against
defendant,
&c.

be in force for and during the continuance of the act to which
this is a supplement.
There is no limitation to the original act.

Duration.

SEC. 6. And be it enacted, That so much of the act to which
this is a supplement, as is contrary to, or inconsistent with, this
act, be and the same is hereby repealed.

CHAPTER 31.

AN ACT to compel Justices of the Peace to take cognizance of persons
retailing spirituous liquors without license in the recess of court, and for
other purposes.

Part of an
act repealed

WHEREAS the act* for founding & college on the western
shore of this state, together with Washington college on the
eastern shore, into one university, by the name of The Univer-
sity of Maryland, and the supplements thereto, are not sufficient
to prevent coasters, and others, from retailing liquors, without
license, in the recess of the county courts ; therefore;

Preamble.

*1794,ch.
37.

SEC. 2. Be it enacted, by the General Assembly of Maryland,
That from and after the passage of this act, it shall be the duty
of the justices of the peace in the several counties in this state,
upon information being given of any person retailing any wine,
rum, brandy, whiskey, or other distilled spirituous liquors,
strong beer or cider, in this state, without a license or permit for
that purpose, obtained agreeably to law, to issue a warrant,
under his hand, directed to some constable, or some other person
legally authorized in his county, to take such person or persons,
thus offending, into his custody, and to bring them immediately
before him, or some other justice of the peace, and upon the
fact being made appear, it shall be the duty of such justice of
the peace to take the recognizance of such person or persons,
with such security as he may deem sufficient, in the sum of six
pounds current money, conditioned, that the principal shall
make his personal appearance at the next county court of the
county where the said justices shall reside, and not depart the

Justices, in
certain
cases, to
issue war-
rants, &c.

said court without leave thereof; Provided, that nothing herein
contained shall be deemed, construed or taken, to prohibit the
maker, distiller or brewer, of any spirituous liquors, beer or
cider, from retailing the same in such manner as is prescribed
by law.

Proviso.

SEC. 3. And be it enacted, That it shall be the duty of the
constables, in their respective counties, to make strict inquiry,
and to call on all persons who do not reside in their respective
counties, and who are retailing any of the liquors above men-

Constables
to call on
persons
retailing
liquor for