1050 ARTICLE 27.

An. Code, sec. 215. 1904, sec. 200. 1888, sec. 123. 1826, ch. 88, sec. 1. 1842, ch. 190, sec. 4.

245. Every faro table, E. O. table, equality, or any other kind of gam-
ing table (billiard table excepted), at which any game of chance shall be
played for money or any other thing, shall be deemed a gaining table.

The keeping of rooms for sale of pools on horse races and selling of such pools
or tickets is not indictable under this section or sec. 244, 252 or 255. It is the playing
of a game of chance which makes a gaming table criminal. How a criminal statute
should be construed. (But see sec. 247, et seq.) James v. State, 63 Md. 250-1 (cf.
dissenting opinions).

The court will take judicial knowledge of what a billiard table is, or of the dif-
ference between a billiard table and a faro table. If a billiard table is used as a faro
table, it loses the immunity of former under this section. Indictment under this
section held sufficient. State v. Price, 12 G. & J. 260.

An. Code, sec. 216. 1904, sec. 201. 1888, sec. 124. 1842, ch. 190, sec. 5. 1853, ch. 265, sec. 1.

1856, ch. 195, sec. 1.

246. No person shall lease or rent any house, vessel or other place to
be used for gambling.

An. Code, sec. 217. 1904, sec. 202. 1890, ch. 206. 1894, ch. 232. 1898, ch. 285, sec. 124A.

247. It shall not be lawful for any person or persons, or association
of persons, or for any corporation within the State of Maryland, to bet,
wage or gamble in any manner, or by any means, or to make or sell a book
or pool on the result of any trotting, pacing or running race of horses or
other beasts, or race, contest or contingency of any kind, or to establish,
keep, rent, use or occupy or knowingly suffer to be used, kept or rented
or occupied, any house, building, vessel, grounds or place, or portion of
any house, building, vessel, grounds or place, on land or water, within the
State of Maryland, for the purpose of betting, wagering or gambling in
any manner, or by any means, or making, selling or buying books or pools
therein or thereon upon the result of any race or contest or contingency,
or by any means or devices whatsoever, to receive, become the depository
of, record or register, or forward or purpose, or agree or pretend to for-
ward any money, bet, wager, thing or consideration of value, to be bet,
gambled or wagered in any manner, or by any means or device whatso-
ever, upon the result of any race, contest or contingency, and any person
violating any of the provisions of this section shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be subject to a fine of
not less than two hundred dollars nor more than one thousand dollars, one-
half of said fine to go to the informer, and shall be subject to imprison-
ment in jail for not less than six months nor more than one year, or be
both fined and imprisoned, in the discretion of the court.

Contention that secs. 248-251 being void, the act of 1892, ch. 386, applying to
Prince George's county, was still in force, overruled. Implied repeal. Legislature
intended sec. 247, et seq., to apply to the whole state, except as to counties expressly
excepted by sec. 251. Cases reviewed. Beall v. So. Md. Agri. Asso., 136 Md. 307.

This section is valid, regardless of whether secs. 248 to 251 are valid or not; ques-
tion of validity of said sections not passed on. When sections of a statute are sev-
erable and independent. Object of statutes dealing with horse-racing. Agri. Soc.
Montgomery County v. State, 130 Md. 476. And see Beall v. So. Md. Agri. Assn.,
136 Md. 306.

Under act, 1894, ch. 232, the making of books or pools, etc., is limited to day upon
which, and grounds where, the races take place; races may not continue longer than