CRIMES AND PUNISHMENTS 1171

Maryland, any horse, mare or gelding, colt or filly under an assumed name,
or out of its proper class when such prize, purse, premium, stake or sweep-
stake is to be decided by a contest in trotting races.

An. Code, 1924, sec. 227. 1912, sec. 201. 1904, sec. 183. 1892, ch. 419, sec. 5. :

264. Any person or persons found guilty of a violation of section 263
shall, upon conviction thereof, be imprisoned in the penitentiary for not
less than one year nor more than three years, or imprisoned in the jail
of the county or the city of Baltimore, as the case may be, in which the
offense was committed, for any definite period, not less than six months,
and shall be fined in any sum not exceeding one thousand dollars.

Fraud—Gold and Silver.

An. Code, 1924, sec. 228. 1912, sec. 202. 1904, sec. 184. 1900, ch. 398, sec. 119C.

1912, ch. 639.

265. Any person, firm, corporation or association, who, or which makes
for sale, or sells, or offers for sale or dispose of, or has in his, her or its
possession with intent to sell or dispose of, any article of merchandise
made in whole or in part of gold or any alloy of gold, and having stamped,
branded, engraved or imprinted thereon, or upon any tag, card or label
attached thereto, or upon any box, package, cover or wrapper in which said
article is encased or enclosed any mark, indicating, or designed or intended
to indicate, that the gold, or alloy of gold, in such article is of a greater
degree of fineness than the actual fineness or quality of such gold or alloy,
unless the actual fineness of such gold or alloy, in the case of flat ware
and watch cases, be not less by more than three one-thousandths parts,
and in the case of all other articles be not less by more than one-half karat
than the fineness indicated by the marks stamped, branded, engraved or
imprinted upon any part of such article, or upon any tag, card or label
attached thereto, or upon any box, package, cover or wrapper in which
such article is encased or enclosed according to the standards and subject
to the qualifications hereinafter set forth, is guilty of a misdemeanor;
provided that, in any test for the ascertainment of the fineness of the gold
or its alloy in any such article, according to the foregoing standards, the
part of the gold or of its alloy taken for the test, analysis or assay shall
be such part or portion as does not contain Or have attached thereto any
solder or alloy of inferior fineness used for brazing or uniting the parts
of said article; provided, further, and in addition to the foregoing tests
and standards, that the actual fineness of the entire quantity of gold and
of its alloys contained in any article mentioned in this section (except
watch cases and flat ware), including all solder or alloy of inferior metal
used for brazing or uniting the parts of the article (all such gold, alloys
and solder being assayed as one piece) shall not be less by more than One
karat, than the fineness indicated by the mark stamped, branded, engraved
or imprinted upon such article, or upon any tag, card or label attached
thereto, or upon any box, package, cover or wrapper in which said article
is encased or enclosed.

An. Code, 1924, sec. 229. 1912, sec. 203. 1904, sec. 185. 1900, ch. 398, sec. 119D. 1912,

ch. 639.

266. Any person, firm, corporation or association, who or which makes
for sale, or sells, or offers to sell or dispose of, or has in his, her or its