1362 LICENSES. [ART. 56

license therefor, as herein provided, he shall upon conviction pay a
fine of not less than fifty nor more than two hundred dollars for each.
offense, and on failure to pay the same, together with the costs of
prosecution, shall be committed to jail and confined therein until such
fine and costs are paid or for a period of forty days, whichever shall
first occur.

Since the act of 1858, ch. 414, repealed the law under which prior to the
adoption of said act, an Indictment had been found, no conviction could be
had on such Indictment. Keller v. State, 12 Md. 325.

See notes to section 1, 60, 72 and 90.

1904, art 56, sec. 94. 1888, art 56, sec. 85. 1860, art. 56, sec. 89. 1858, ch 414

sec. 7. 1872, ch. 430.

94. If any person shall barter or sell any goods, wares or merchan-
dise or spirituous or fermented liquors or lager beer in quantities not
less than a pint without taking out license therefor as hereinbefore
provided, he shall on conviction pay a fine of not less than twenty
dollars nor more than one hundred dollars for each ofFense, and upon
failure to pay said fine and the costs of prosecution shall be committed
to jail and confined therein until such fine and costs are paid or for a
period of twenty days, whichever shall first occur.
See notes to sec. 60.

Ibid. sec. 95. 1888, art 56, sec. 86. 1860, art. 56, sec. 90. 1858, ch. 414,
sec. 9. 1864, ch. 345. 1888, ch. 428. 1890, ch. 304.

95. If any person shall sell or barter any spirituous or fermented
liquors or larger beer to any person who is a minor or under twenty-one
years of age, or shall sell or barter to any person such spirituous or
fermented liquors or lager beer to be drunk by such person who is a
minor or under twenty-one years of age, he shall on conviction pay a
fine of not less than fifty nor more than two hundred dollars, together
with the costs of prosecution, and upon failure to pay the same shall
be committed to jail and confined therein until such fine and costs are
paid, or for the period of forty days whichever shall first occur.

The fact that the sale was made without the traverser's knowledge and
contrary to his directions, is no defense. The act of the agent is the act of
the principal; it is not necessary to prove the scienter. Carroll v. State, 63
Md. 552.

An Indictment under this section which charges that the traverser had pre-
viously been convicted of a similar offense is bad on demurrer, since the sec-
tion does not provide for a second offense. The defect is not cured by
Instructing the jury to make no reference in their verdict to the previous
conviction. Seick v. State, 94 Md. 72.

Cited but not construed in State v. Cahen, 35 Md. 237.

Ibid. sec. 96. 1890, ch. 304, sec. 86 A.

96. If any person having a license to sell spirituous or fermented
liquors or lager beer shall give to any person who is a minor or under
twenty-one years any such spirituous or fermented liquors or lager
beer, or having such license shall allow upon the premises occupied by
him any such person who is a minor or under twenty-one years of age
to drink any such spirituous or fermented liquors or lager beer sold or