JAMES THOMAS, ESQUIRE, GOVERNOR.

1832.

indictment; and upon conviction, be adjudged to pay a sum
not less than ten dollars, nor more than one hundred dol-
lars, for each and every offence; the whole of which pen-
alty shall, upon its being collected, be paid over by the

CHAP. 273.

Sheriff collecting the same, to such person as the grand
jury shall name 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

The whole to be

paid to informer.

Who is made a

competnent witness

public treasury as in other cases; Provided however, that
nothing in this act contained, shall be construed to require
any person or persons, or body corporate to have a license
for selling or dealing in any goods, wares or merchandize,
in respect of which a license is not made necessary by the
act to which this is a supplement, or by any of the supple-
ments to said act heretofore passed.

Proviso

Sec. 2. And be it enacted, That by the license to trade,
mentioned in this act, shall be understood all or any of the
licenses to authorise sales required to be taken out or issu-
ed under the acts of Assembly to which this act is a sup-
plement; that all presentments, or indictment, which

License to trade

How constructed

charge an offence substantially in the terms of the first sec-
tion of this act, shall be deemed and taken to be sufficient-
ly well pleaded in law, to warrant a conviction and judg-
ment; and that all competent matters tending to excuse a

Charge for offence

party presented or indicted from any obligation to take out
a license under the existing laws, or from the penalty here-
by created, may be given in evidence under an indictment
so framed, and shall avail as a defence to, or a justifica-
tion 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 or-
dinary course of trade by the co-partner, wife, agent or
servant, of the party presented or indicted, shall be deem-
ed to be made by such party, and given in evidence as his

Sale contrued

act: and that the words, goods, wares, and merchandize,
as used in the first section of this act, shall include spirit-
ous and fermented liquors.

Items included.

Sec. 4. And be it enacted, That the seventh and ninth
sections of the act of eighteen hundred and twenty-seven,
chapter one hundred and seventeen, shall be repealed, ex-
cept the proviso of the ninth section.

7th and 9th sect's
of 1827. chap. 117
repealed.

Except proviso.

Sec. 5. And be it enacted, That the county courts, and
Baltimore city court, shall have jurisdiction of the offences
created by this act as in other cases.

Jurisdiction of

courts

Sec. 6. And be it enacted, That nothing herein contain-
ed shall be construed to require persons to take out a li-

Cider - small beer,

distiller