446 CRIMES AND PUNISHMENTS. [ART. 27

Rogues and Vagabonds.

1904, art. 27, sec. 383. 1888, art 27, sec. 24.6. 1860, art. 30, sec. 178. 1809, ch. 138,

sec. 7. 1878, cb. 467.

435. If any person shall be apprehended having upon him any pick-
lock, key, crow, jack, bit, or other implement, at places and under cir-
cumstances from which an intent may be presumed feloniously to break
and enter into any dwelling-house, warehouse, storehouse, stable or out-
house, or shall have upon him any pistol, hanger, cutlass, bludgeon, or
other offensive weapon, also at places and under circumstances from
which may be presumed an intent feloniously to assault any person, or
shall be found in or upon any dwelling-house, warehouse, storehouse,
stable or outhouse, or in any enclosed yard or garden or area belonging
to any house, with an intent to steal any goods or chattels, everv such
person shall be deemed a rogue and vagabond, and on being convicted
thereof shall be sentenced to the penitentiary for not less than one
month nor more than two years, or to imprisonment in jail, at the dis-
cretion of the court, for a like term.

As to vagrants and tramps, see section 476, et seq.

Sabbath Breaking-.

Ibid. sec. 384. 1888, art. 27, sec. 247. 1860. art. 30, sec. 178.
1723, ch. 16, sec. 10.

436. No person whatsoever shall work or do any bodily labor on
the Lord's day, commonly called Sunday; and no person having chil-
dren or servants shall command, or wittingly or willingly suffer any of
them to do any manner of work or labor on the Lord's day (works of
necessity and charity always excepted), nor shall suffer or permit any
children or servants to profane the Lord's day by gaming, fishing, fowl-
ing, hunting or unlawful pastime or recreation; and every person trans-
gressing this section and being thereof convicted before a justice of the
peace shall forfeit five dollars, to be applied to the use of the county.

This section held to have no application in a suit against a carrier for
delay in delivering cattle; the transportation of cattle by a carrier on
Sunday is not illegal, but is excepted from the operation of this section.
The fact that the cattle were transported on Sunday would, even if it were
a violation of the law, be no defense to the above suit. P., W. & B. Ry.
Co. v. Lehman, 56 Md. 227.

This section does not prevent a new promise made on Sunday from
removing the bar of the statute of limitations. Thomas v. Hunter, 291 Md.
413.

This section is constitutional and valid; how the constitutionality of a
statute may be tested. Judefind y. State, 78 Md. 511.
As to indictments for selling liquor, unlawfully, see section 504.
Prosecutions for Sabbath-breaking shall be brought within one month—
article 57, section 12.
See notes to section 437.

Ibid. sec. 385. 1888, art. 27, sec. 248. 1860, art. 30, sec. 179. 1723, ch. 16,
sec. 11. 1866, ch. 66.

437. No person in this State shall sell, dispose of, barter, or, if a
dealer in any one or more of the articles of merchandise in this section