LICENSES. 1957

262. Duty and power of public service commission. 263. Operation in violation of sub-title; penalty.

264. Commissioner to enforce secs. 251, 252, 258 and 259. 265. Repeal of inconsistent laws; owners and operators, liability of.

Mode of Issuing—General Provisions.

An. Code, sec. 1. 1904, sec. 1. 1888, sec. 1. 1862, ch. 218. 1886, ch. 507. 1888, ch. 10.
1888, ch. 219. 1890, ch. 313. 1894, ch. 333. 1916, ch. 632, sec. 1.

1. All licenses for selling goods and chattels shall be granted by the
Clerks of the Circuit Courts for the Counties and the Clerk of the Court
of Common Pleas in the City of Baltimore, except where a different mode
is especially provided, but they are hereby expressly forbidden to date any
such license other than the first day of May in each and every year, except
when the trader engages in business in any other month subsequent to May
first, when such license shall be issued from such month and a ratable sum
shall be charged therefor. All licenses granted or issued by said Clerks
shall expire the first day of May next thereafter, except licenses for fish-
eries and horseracing.

All the sections of this article form one entire system, and must be construed
together. Legislature intended to protect revenue of state, but not to impose penal-
ties for unintentional violations of law. Spielman v. State, 27 Md. 525.

See art. 17, sec. 66, et seq.

An. Code, sec. 2. 1904, sec 2. 1888, sec. 2. 1862, ch. 121.

2. Any license may be obtained by partnerships or firms as well as
by individuals; but in all such cases the names of all the partners of any
firm shall be set forth in full in the license and no license shall protect
any person pretending to act under the same unless he is named therein,
or is entitled as a representative, or assignee under the provisions herein-
after contained in this article; and the clerk issuing the license shall enter,
upon the record of licenses the full names of all the members of a copart-
nership to whom such license is issued.

Where one partner buys the other out, the continuing partner may do business
under the firm's license. Speelman v. State, 27 Md. 525.

An. Code, sec. 3. 1904, sec. 3. 1888, sec. 3. 1827, ch. 117, sec. 2. 1828, ch. 85, sec. 8.

3. Wherever a particular place for transacting the business for which
a license is obtained is specified in the license, if the party removes, he
may carry on said business at the place to which he may remove; pro-
vided the clerk shall endorse such removal on the license, which he is
hereby directed to do on application.

An. Code, sec. 4. 1904, sec. 4. 1888, sec. 4. 1828, ch. 85, sec. 6. 1914, ch. 159.

4. If any person who. has taken out a license shall die, his widow or
her suviving husband, executor or administrator may carry on business
under such license for the residue of the time covered by such license.1

1 Title of act of 1914, ch. 159, calls for repeal and re-enactment of sec. 41 of art. 56;
the enacting clause and section itself, however, show that sec. 4 was intended to be
repealed and re-enacted.