1344 LICENSES. [ART. 56

All the sections of this .article form one entire system, and must be con-
strued together. The legislature intended to protect the revenue of the
state, but not to impose penalties for unintentional violations of the law.
Spielman v. State, 27 Md. 525.

See art. 17, sec. 62, et seq.

1904, art. 56, sec. 2. 1888, art. 56, sec. 2. 1862, ch. 121.

2. Any license may be obtained by partnerships or firms as well
as by individuals; but in all such cases the names of all the partners
of any firm shall be set forth in full in the license and no license shall
protect any person pretending to act under the same unless he is named
therein, or is entitled as a representative, or assignee under the pro-
visions hereinafter contained in this article; and the clerk issuing the
license shall enter upon the record of licenses the full names of all the
members of a copartnership to whom such license is issued.

Where one partner buys the other out, the continuing partner may do
business under the firm's license. Spielman v. State, 27 Md. 525.

Ibid. sec. 3. 1888, art. 56, sec. 3. 1860, art 56, sec. 2. 1827, ch. 117, sec. 2.

1828, ch. 85, sec. 8.

3. Wherever a particular place for transacting the business for
which a license is obtained is specified in the license, if the party
removes, he may carry on said business at the place to which he may
remove; provided the clerk shall endorse such removal on the license,
which he is hereby directed to do on application.

Ibid. sec. 4. 1888, art. 56, sec. 4. 1860, art. 56, sec. 3.
1828, ch. 85, sec. 6.

4. If any person who has taken out license shall die, his widow,
executor or administrator may carry on business under such license for
the residue of the time covered by such license.

Ibid. sec. 5. 1888, art. 56, sec. 5. 1860, art. 56, sec. 5. 1828, ch. 85, sec. 1.
1886, ch. 507, sec. 5.

5. Nothing in this article shall be deemed to apply to persons who
do not buy or sell with a view to profit in the prosecution of some
regular trade or business.

Where a trader discontinues his business and then proceeds bona fide to
sell out his stock by wholesale, he comes within the exemption of this
section; contra, if he sells to customers as usual, at retail. Forwood v.
State, 49 Md. 535.

Ibid. sec. 6. 1888, art. 56. sec. 6. 1886, ch. 507. sec. 5 A. 1888. ch. 10.

1894, ch. 333.

6. It shall be the duty of the sheriff and constables to make diligent
inquiry of all persons doing business in this State and apprehend and
take before some justice of the peace all persons found doing business
without a license, to be committed or held to bail for appearance at
the succeeding term of the circuit court for the county or criminal
court of Baltimore to answer the charge of selling goods without a
license.

An indictment for trading without a license, must set out the names of

the parties to whom the goods were sold, or state that they are unknown.

Spielman v. State, 27 Md. 524.