LICENSES. 1979

An. Code, sec. 94. 1904, sec. 94. 1888, sec. 85. 1858, ch. 414, sec. 7. 1872, ch. 430.

109. 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.

A minor engaging in business under secs. 42 and 43, without obtaining a license
as required therein, is liable to be prosecuted, under this section, if he has reached
age of criminal responsibility. Crew Levick Co. v. Hull, 125 Md. 10.

See notes to sec. 73.

An. Code, sec. 95. 1904, sec. 95. 1888. sec. 86. 1858, ch. 414, sec. 9. 1864, ch. 345.
1888, ch. 428, 1890, ch. 304.

110. If any person shall sell or barter any spirituous or fermented
liquors or lager 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 fer-
mented 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.

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

Indictment under this section which charges that traverser had previously been
convicted of a similar offense is bad on demurrer, since the section does not provide
for second offense. Defect is not cured by instructing jury to make no reference
in their verdict to previous conviction. Seick v. State, 94 Md. 72.
Cited but not construed in State v. Cahen, 35 Md. 237.

An. Code, sec. 96. 1904, sec. 96. 1890, ch. 304, sec. 86A.

111. 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 bartered
by him, 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 or costs are paid, or for the period of forty days,
whichever shall first occur; and it shall be the duty of the court before
whom said person shall be convicted to suppress the license.

An. Code, sec. 97. 1904, sec. 97. 1890, ch. 304, sec. 86B.

112. If any person shall take out an ordinary license as herein pro-
vided without having the bedding and other accommodations required,