clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1966   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

1966 ARTICLE 56.

An. Code, sec. 39. 1904, sec. 39. 1888, sec. 36. 1858, ch. 414, sec. 2. 1862, ch. 49.

1880, ch. 349.

43. When any person, body politic or corporate shall propose to sell
or barter, or dispose of, or offer for sale anything mentioned in the pre-
ceding section, except spirituous or fermented liquors, he shall apply
to the clerk of the circuit court for the county in which he proposes to
carry on such selling or bartering, or disposing of goods, wares, chattels
or merchandise; or if he proposes to carry on such selling or bartering,
or disposing of goods, wares, chattels or merchandise in the city of Balti-
more, to the clerk of the court of common pleas for a license therefor;
and a license to offer for sale issued by said clerk of court of common
pleas or by the clerk of the circuit court for any county shall be good and
sufficient as a license to offer for sale in every part of the State; pro-
vided that such license shall not authorize the holder thereof to open or
carry on any store or fixed place of business for such selling or offering
for sale in any other city or county than the city or county in which such
license shall be issued; but no license to trade or to sell spirituous or
fermented liquors shall be issued by any clerk of a court to a feme covert,
or to any person under the age of twenty-one years, without the special
order of a judge of said court; and no judge shall give such special order
to issue such license to sell spirituous or fermented liquors to a feme
covert, or person under the age of twenty-one years, unless upon the rec-
ommendation of at least ten respectable freeholders residents of the ward
or district wherein said license would be operative; and whenever any
license shall be issued to a feme covert or minor, the said feme covert or
person under the age of twenty-one years shall be responsible for all con-
tracts made in the prosecution of such business under such license and
shall be liable to be sued therefor in any of the courts of this State; and
the said feme covert may be sued or indicted and prosecuted in case of a
violation by her of the license law of this State, or in case she should
keep a disorderly house, as if she were a feme sole; and if judgment be
obtained against her on any contract, execution shall or may issue in the
ordinary way to affect her separate estate; provided, however, that such
responsibility shall in no manner affect or impair the responsibility of the
parent of such infant under existing laws,

If a minor contracts debts in conducting business under this section without obtain-
ing license in accordance with this and preceding section, he does not become liable
for such debts. See notes to sec. 109. Crew Levick Co. v. Hull, 125 Md. 8.

The portion of this section with reference to issuing licenses to feme covert or
minor, is a valid regulation under police power. Cahen v. Jarrett, 42 Md. 577.

This section held to have no application to a suit against married woman on
contract made by her for personal services. Davis v. Carroll, 71 Md. 571.

Prior to art. 47, sec. 35, a married woman trading under this section, was not sub-
ject to insolvency proceedings. Clark v. Manko, 80 Md. 79; Relief Bldg. Assn. v.
Schmidt, 55 Md. 100.

Cited but not construed in Lowekamp v. Koechling, 64 Md. 96; Ahern v. Pink,
64 Md. 163.

See notes to sec. 42.

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1966   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives