CRIMES AND PUNISHMENTS. 1051

thirty days in any one year; an agricultural association may not use two or more
distinct and separate parcels of land for horse races and claim the exemption pro-
vided by above act. All indictments must conclude " against the peace, government
and dignity of the state." State v. Dycer, 85 Md. 249.

When an exception in a criminal statute must be negatived in indictment; an
indictment under this section held to sufficiently negative exception. Reasonable
certainty is required in criminal pleading; duplicity; when a statute employs dis-
junctive "or," indictment should employ conjunctive "and," or else should use
separate counts for each offense. When a prisoner is not " put in jeopardy " and may
be retried. Stearns v. State, 81 Md. 343 (decided prior to the act of 1898, ch. 285);
Pritchett v. State, 140 Md. 313.

See notes to sec. 248. And see art. 78B.

An. Code, sec. 218. 1904, sec. 203. 1898, ch. 285, sec. 124B.

248. Nothing in the next preceding section shall render it unlawful
in any county of this State, other than Baltimore city, for any person or
persons to make a pool or a book, or to bet within the ground of any agri-
cultural association, race course or driving park, upon the result of any
trotting, pacing or running race of horses which shall be held within the
same grounds, race course or driving park upon which said person shall so
make a pool or book, or shall so bet upon the same day on which said race
shall be held; provided, the grounds of such agricultural association, race
course or driving park be licensed in the manner set forth in the next suc-
ceeding section by the circuit court for the county within which such
grounds or track may be located.

Secs. 248 to 251, inclusive, are unconstitutional and void, in that they attempt to
impose upon the court a non-judicial duty. Cases reviewed. Peculiarities of these
sections. Sec. 247 is valid. Close v. So. Md. Agri. Assn., 134 Md. 635. See also
Beall v. So. Md. Agri. Assn., 136 Md. 305.

This section referred to in upholding validity of act of 1912, ch. 132 (relating
to Harford county), and of a racing commission constituted by that act. It was
not the intention of legislature to suppress horse racing or prohibit betting thereon
except as limited by various acts. Clark v. Harford, etc., Assn., 118 Md. 621.

See notes to sec. 247. See art. 78B.

See art. 78B, sec. 10.

An. Code, sec. 219. 1904, sec. 204. 1898, ch. 285, sec. 124C.

249. Every person applying for a license as required by the next pre-
ceding section shall file with the circuit court for the county within which
the grounds of such agricultural association, race course or driving park
may be located, his petition for such a license, and before granting the said
license the said court shall cause notification of said petition to be pub-
lished, at the cost of the applicant, at least once a week for three successive
weeks, in a newspaper published in the county in which the grounds afore-
said may be located.

See notes to secs. 247 and 248.

An. Code, sec. 220. 1904, see. 205. 1898, ch. 285, sec. 124D.

250. The said petition shall contain the name or names of the appli-
cant or applicants; second, the name of the grounds upon which the license
is desired; third, a definite description of the place where such grounds
are located; fourth, a day or days for which such license is desired, and
there shall be annexed to this petition a certificate signed by at least