448 CRIMES AND PUNISHMENTS. [ART. 27

without reference to the particular article or heading under which they
may be placed. History of this section and of sections 436 and 438. State
v. Popp, 45 Md. 433. And see Seim v. State, 55 Md. 569.

An indictment under this section upheld, although it averred the sale
of liquor on Sunday, July 4th, 1879, July 4th, 1879, being as a matter of
fact Friday; the day of the week rather than the day of the month is the
material averment in respect to time. Hoover v. State, 56 Md. 586.

The act of 1847, chapter 193, held to embrace only licensed tavern-
keepers and retailers; that act held to have no application to the importer
authorized to sell in the form in which the liquors were imported without
a license from the State of Maryland. The act of 1847 as thus construed
held constitutional. When an indictment should ordinarily negative an
exception contained in a statute; this rule held inapplicable to the act of
1847; indictment held defective. Bode v. State, 7 Gill, 328; Parkinson v.
State, 14 Md. 191.

This section referred to in sustaining a demurrer to certain pleas filed
by a social club in Baltimore City indicted for the violation of the law
prohibiting liquor selling on Sunday. State v. Md. Club, 105 Md. 593.

This section held to have no application to members of a social club who
obtain liquor at the club by paying into the common fund the price fixed
by such club. Seim v. State, 55 Md. 567. And see Conocoeheague Club v.
State, 116 Md. 322.

This section held to be in force in Anne Arundel County notwithstanding
the act of 1886, chapter 383; indictment sustained. Flood v. State, 103
Md. 692.

Suffering persons to bet upon games of cards in a tavern on the Sabbath,
held to be a violation of the act of 1723, chapter 16, section 11. State v.
Fearson, 2 Md. 312.

This section referred to in construing article 56, section 95—-see notes
thereto. Seick v. State, 94 Md. 72.

See notes to section 436.

1904, art. 27, sec. 386. 1888, art. 27, sec. 249. 1860, art. 30, sec. 180. 1834, ch. 244.
1847, ch. 193. 1866, ch. 66. 1874, ch. 71.

438. It shall not be lawful to keep open or use any dancing saloon,
opera house, ten pin alley, barber saloon or ball alley within this State
on the Sabbath day, commonly called Sunday; and any person or per-
sons, or body politic or corporate, who shall violate any provision of
this section, or cause or knowingly permit the same to be violated by a
person or persons in his, her or its employ shall be liable to indictment
in any court of this State having criminal jurisdiction, and upon con-
viction thereof shall be fined a sum not less than fifty dollars nor more
than one hundred dollars, in the discretion of the court; for the first
offense; and if convicted a second time for a violation of this section,
the person or persons, or body politic or corporate shall be fined a sum
not less than one hundred nor more than five hundred dollars; and if
a natural person shall be imprisoned, not less than ten nor more than
thirty days in the discretion of the court; and in the case of any con-
viction or convictions .under this section subsequent to the second, such
person or persons, body politic or corporate shall be fined on each occa-
sion a sum at least double that imposed upon him, her, them or it on
the last preceding conviction; and if a natural person, shall be impri-
soned not less than thirty nor more than sixty days in the discretion of