450 CKIMES AND PUNISHMENTS. [ART. 27

or place of amusement as waiters, or for the purpose or under the pre-
tense of selling, serving, receiving orders or pay for spirituous or malt
liquors, wines, lager beer or any other refreshments or merchandise.

1904, art. 27, sec. 391. 1888, art. 27, sec. 254. 1864, ch. 399.

443. Any person violating the provisions of the preceding section
shall be deemed guilty of a misdemeanor, and on conviction thereof in
the criminal court of Baltimore or the circuit court for the county shall
be sentenced to pay a fine of not less than one hundred nor more than
one thousand dollars, or to imprisonment in jail for not less than one
month nor more than six months, or to both fine and imprisonment at
the discretion of the court, and to forfeiture of license; one-half the
fine to be paid to the informer and the other half to the State.

Thieves and Pickpockets.

Ibid. sec. 392. 1888, art. 27, sec. 255. 1864, ch. 38.

444. It shall be the duty of all police officers in Baltimore city to
arrest and take before some one of the station house justices in Balti-
more city all persons whom they shall find in any passenger railway
car, or in or about any railway depot in Baltimore city, .or in any place
of public amusement, or in any street of the city, who they shall know
or have good reason to believe are common thieves or pickpockets, and
said justices shall commit or bail such persons for trial before the
criminal court; and if any person in Baltimore city shall be charged
on oath before any justice of the peace in Baltimore city,* or before
the judge of the criminal court, with being a common thief or pick-
pocket, such justice or judge shall issue a warrant for the arrest of
such person and commit or bail him for trial; and any person convicted
in the criminal court of Baltimore of being a common thief or common
pickpocket shall be imprisoned in jail not more than two years nor less
than six months and be fined not more than one hundred dollars; but
if any person is arrested or indicted a second time or more for such
offense he shall be convicted only on proof that he has continued to be
a common thief or pickpocket for at least one month since his last con-
viction or acquittal, and it shall be necessary to charge in the indict-
ment only that the person is a common thief or common pickpocket,
and any evidence, either of facts or reputation, proving that such per-
son is habitually and by practice a thief or pickpocket shall be sufficient
for his conviction if satisfactorily establishing the fact to the court or
jury by whom he is tried, and there shall be no discretion in any police
officer or justice of the peace to discharge or release any person who is
by such proof before them or knowledge on their part shown to be a
thief or pickpocket as aforesaid, but such person shall be bailed or com-
mitted for trial, and no conviction or charge of, or for being a common

*Station house justice.