ART. 56] TRADERS. 1351
vided that persons carrying on the shad and herring fisheries in 'this
State may sell and dispose of so much salt as may be necessary to
cure the fish purchased of them during the months of March, April
and May and no longer without license, and that nothing herein con-
tained shall extend to vendors of cakes or to the vendors of beer and
cider who are the makers of such beer and cider; but nothing herein
shall exempt any vendors of lager beer from the requirement to obtain
a license to sell said lager beer.
Sections 37 to 40 of article 56, of the code of 1860, were declared uncon-
stitutional in Ward v. Maryland, 12 Wall, 418. This section and the follow-
ing ones are constitutional, embrace non-residents as well as residents, and,
apply to sales by sample. (See, however, section 55). Corson 1 v. State.
57 Md. 263. And see Ward v. Maryland, 12 Wall. 418.
A person holding a trader's license in one city or county, Is not authorized
to sell and deliver goods from a wagon in another county. The design of
this section. Salfner v. State, 84 Md. 302.
For a discussion of the nature of the license tax formerly imposed by
section 37 of article 56 of the code of 1860, and of licenses in general, see
Ward v. State, 31 Md. 284. (Reversed in Ward v. Maryland, 12 Wall. 418).
See sections 2. 3 and 4.
As to licenses for fishing in the Potomac River, and in Chesapeake Bay
below Poole's Island, see art. 39, sections 49, et seq., and 110, et seq.
As to licenses for touging, dredging and packing oysters, see art. 72.
As to a license being required of non-residents who hunt, etc., upon certain
waters, and also of persons pushing the boats of persons so hunting, see art.
99, sec. 60. et seq.
1904, art. 56, sec. 39. 1888, art. 56, sec. 36. 1860, art. 56, sec. 43. 1858, ch. 414,
sec. 2. 1862, ch. 49. 1880, ch. 349.
39. When any person, body politic or corporate shall propose to
sell or barter, or dispose of, or offer for sale anything mentioned in
the preceding section, except spirituous or fermented liquors, he shall
apply to the clerk of the circuit court for the county in which he pro-
poses to carry on such selling or bartering, or disposing of goods, wares,
chattels or merchandise; or if he proposes to carry on such selling or
bartering, or disposing of goods, wares, chattels or merchandise in the
city of Baltimore, to the clerk of the court of common pleas for a
license therefor; and a license to offer for sale issued by said clerk of
court of common pleas or by the clerk of the circuit court for any
county shall be good and sufficient as a license to offer for sale in
every part of the State; provided that such license shall not authorize
the holder thereof to open or carry on any store or fixed, place of busi-
ness for such selling or offering for sale in any other city or county
than the city or county in which such license shall be issued; but no
license to trade or to sell spirituous or fermented liquors shall be
issued by any clerk of a court to a feme covert, or to any person under
the age of twenty-one years, without the special order of a judge of
said court; and no judge shall give such special order to issue such
license to sell spirituous or fermented liquors to a feme covert, or per-
son under the age of twenty-one years, unless upon the recommenda-
tion of at least ten respectable freeholders residents of the ward or
district wherein said license would be operative; and whenever any
license shall be issued to a feme covert or minor, the said feme covert
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