ART. 27] SABBATH BREAKING. 447

mentioned, shall give away on the Sabbath day, commonly called Sun-
day, any tobacco, cigars, candy, soda or mineral waters, spirituous or
fermented liquors, cordials, lager beer, wine, cider or any other goods,
wares or merchandise whatsoever; and any person violating any one
of the provisions of this section shall be liable to indictment in any

court in this State having criminal jurisdiction, and upon conviction
thereof shall be fined a sum not less than twenty nor more than fifty
dollars, in the discretion of the court, for the first offense, and if con-
victed a second time for a violation of this section, the person or per-
sons so offending shall be fined a sum not less than fifty nor more than
five hundred dollars, and be imprisoned for not less than ten nor more
than thirty days, in the discretion of the court, and his, her or their
license, if any was issued, shall be declared null and void by the judge
of said court; and it shall not be lawful for such person or persons to

obtain another license for the period of twelve months from the time of
such conviction, nor shall a license be obtained by any other person or
persons to carry on said business on the premises or elsewhere, if the
person, so as aforesaid convicted, has any interest whatever therein,
or shall derive any profit whatever therefrom; and in case of being
convicted more than twice for a violation' of this section, such person
or persons on each occasion shall be imprisoned for not less than thirty
nor more than sixty days, and fined a sum not less than double that
imposed on such person or persons on the last preceding conviction;
and his, her or their license, if any was issued, shall be declared null
and void by the court, and no new license shall be issued to such person
or persons for a period of two years from the time of such conviction,
nor to any one else to carry on said business wherein he or she is in
anywise interested, as before provided for the second violation of the
provisions of this section; one-half of all the fines to be imposed under
this section shall be paid to the State, and the other half to the informer.
This section is not to apply to milk or ice dealers in supplying their
customers, or to apothecaries when putting up bona fide prescriptions.
There is no constitutional objection to a statute prescribing an increased
punishment for a second offense; the indictment must charge the commis-
sion of the second offense, and the verdict must show that the jury found
the traverser guilty of a second offense, else he may only be convicted for
a first offense. How a prior conviction may be proven. The indictment
may be read to the jury. Maguire v. State, 47 Md. 493.

The act of 1908, chapter 179, regulating the sale of liquors, and the grant-
ing of licenses therefor, in Baltimore County, held not to repeal this section
in so far as it applies to persons who are not licensed dealers and who sell
liquors on Sunday in violation of this section in Baltimore County; a differ-
ent punishment is provided by the local law from that provided by this
section. An indictment held to have been properly brought under the act
of 1908, rather than under this section. Kenny v. State, 121 Md. 125.

The gravamen of the offense prohibited by this section is the selling of
liquor on Sunday, and not the selling with or without a license; hence the
indictment need not allege that the traverser was licensed or was a trader.
State v. Edlavitch, 77 Md. 147; Flood v. State, 103 Md. 692.

Article 57, section 12, held to have no application to indictments under
this section; article 57, section 11, is applicable. Sections of the code relat-
ing to the same subject-matter should be read and construed together