ART. 56] ORDINARY KEEPER. 1357

1904, art. 56, sec. 70. 1888, art. 56, sec. 65. 1860, art 56, sec. 68. 1858, ch. 414,
sec. 4. 1860, ch. 325, sec. 10.

70. If more than thirty thousand dollars, then the sum of one
hundred and fifty dollars shall be demanded and received by said clerk
before granting to the applicant the license applied for.
See notes to sec. 61.

Ibid. sec. 71. 1888, art. 56, sec. 66. 1860, art. 56, sec. 69. 1858, ch. 414,
sec. 4. 1860, ch. 325, sec. 11.

71. No license shall be granted to sell spirituous and fermented
liquors or lager beer in quantities not less than a pint for the sum of
eighteen dollars, unless the person applying therefor shall also obtain
a license to sell goods, chattels, wares and merchandise, paying there-
for the sum hereinbefore prescribed according to the amount of his
stock in trade.

See notes to sec. 61.

Ordinary Keeper.

Ibid. sec. 72. 1888, art. 56, sec. 67. 1860, art. 56, sec. 70. 1858, ch. 414,
sec. 5. 1862, ch. 119.

72. If any person or body politic shall propose to open or keep

an ordinary, he shall apply to the clerk of the circuit court for the

county in which said applicant may reside; or, if he reside in the

city of Baltimore, to the clerk of the court of common pleas for a

license therefor; under which license spirituous or fermented liquors

or lager beer may be bartered or sold in quantities less than a pint.

The three kinds of licenses to sell liquor, contrasted—see sections 60 and

90. An oyster or eating house license for the sale of liquor in quantities less

than a pint, does not authorize the sale of liquor in greater quantities. State

v. Cahen, 35 Md. 237.

Where a local law is in force, application must be made under It, and not
under this section. McCrea v. Billingslea, 89 Md. 767.

For a case now apparently Inapplicable to this section by reason of changes
in the law, see Keller v. State, 11 Md. 531.
See notes to sec. 60.

Ibid. sec. 73. 1888, art. 56. sec. 68. 1860 art. 56. sec. 71. 1858, ch. 414, sec. 5.

73. The said licenses shall be granted on the following terms: The
applicant shall be recommended to the clerk by two respectable free-
holders of his immediate vicinity and shall make oath, to be by the
said clerk administered, that he has bona fide and without intending to
evade the requirements of this article provided and expects to main-
tain six good beds with sufficient covering therefor and three rooms
more than sufficient for the private uses of said ordinary keeper, -with
stabling and provender for five horses at least; and if said applicant
resides in the city of Baltimore, that he has provided and expects to
maintain twelve good beds with covering as aforesaid and six rooms.
The portion of this section with reference to the applicant procuring a
recommendation, etc., is a valid regulation under the police power. Cahen v.
Jarrett, 42 Md. 577.

Cited but not construed In State v. Cahen, 35 Md. 237; McCrea v. Billings-
lea, 89 Md. 767.