1182 ARTICLE 27

first day of December in every year. For every license so granted there
shall be paid by the applicant, before the issuance thereof, to the clerk of
the court granting the same, the sum of five dollars for each and every
day for which such license shall have been granted to said applicant; the
said sum to go to the Board of County School Commissioners of the county
in which such court may be located, for the use of the public schools
thereof; provided, however, that the provisions of this section shall not
apply to Cecil or Anne Arundel Counties.

Ch. 390, Acts of 1935, eliminating Washington County from the Counties exempt
from the provisions of Sec. 291, held valid. Miggins v. Mallott, 169 Md. 435.

Although this section is invalid in so far as it imposed non-judicial duties on the
courts, the provision exempting certain counties is valid and stands as if it were all
that was ever in the section. O'Connell v. State, 159 Md. 376.

See notes to sec. 291.

This section referred to as showing that it was not 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 secs. 291 and 292.

An. Code, 1924, sec. 252. 1912, sec. 222. 1904, sec. 208. 1888, sec. 125. 1829, ch. 136.
1842, ch. 190, sec. 1. 1853, ch. 265, sec. 1. 1856, ch. 195, sec. 1. 1880, ch. 149.

1882, ch. 271.

296. Any person who shall keep any gaming table or other place of
gambling in this State, or who shall deal at any such gaming table or
other place for gambling in this State, or who shall in any way manage
such gaming table or other place for gambling in this State, or who shall
have any interest in any gaming table or the profits thereof, shall be
deemed to be guilty of a misdemeanor, and upon conviction thereof shall
be subject to a fine not exceeding five hundred dollars, one-half to go to the
informer, or imprisonment in jail for a period of not less than six months
nor more than one year.

For abolition of informer's fees, see art. 38, sec. 3.

The keeping of rooms for sale of pools on horse races and the selling of such pools
or tickets is not indictable under this section or sec. 288, 289 and 299. 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. 291, et seq.) James v. State, 63 Md. 252 (cf. dis-
senting opinions).

See notes to sec. 288.

An. Code, 1924, sec. 253. 1912, sec. 223. 1904, sec. 209. 1888, sec. 126. 1829, ch. 136. 1842,
ch. 190, sec. 1. 1853, ch. 265, sec. 1. 1856, ch. 195, sec. 1. 1880, ch. 149. 1882, ch. 271.

297. Any owner, tenant or occupant of any building, house, vessel or
place, who shall knowingly permit any gaming table to be kept in such
building, house, vessel or place, or in any part of any building, house,
vessel or place owned or occupied by him, or of which he is tenant, shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall be
subject to a fine not exceeding five hundred dollars, one-half to go to the
informer, or imprisonment in jail for a period of not less than six months
nor more than one year, or both fine and imprisonment in the discretion
of the court.

For abolition of informer's fees, see art. 38, sec. 3.

An. Code, 1924, sec. 254. 1912, sec. 224. 1904, sec, 210. 1888, sec. 127. 1813, ch. 84.

298. Any person who may lose money at a gaming table may recover
back the same as if it were a common debt, and shall be a competent wit-
ness to prove the sum he lost; but no person shall recover any money or
other thing which he may have won by betting at any game or by betting
in any manner whatsoever.