1256 ARTICLE 27

servants shall command, or wittingly or willingly suffer any of them to do
any manner of work or labor on the Lord's day (works of necessity and
charity always excepted), nor shall suffer or permit any children or servants
to profane the Lord's day by gaming, fishing, fowling, hunting or unlawful
pastime or recreation; and every person transgressing this section and be-
ing thereof convicted before a justice of the peace shall forfeit five dollars,
to be applied to the use of the county.

Provisions of Art. 2B, authorizing certain licensees to sell beer on Sunday, supersede
Secs. 560, 575 & 576 of Art. 27. Anne Arundel Co. v. Thomas, 172 Md. 18.

Ordinance permitting Sunday base-ball and other athletic sports between certain
hours in Baltimore City, held to violate this section. "Police power" of Baltimore
City. Meaning of "Work." Mandamus—at whose instance issued. Levering v. Park
Commrs., 134 Md. 51 (decided in 1919). And see Graham v. Gaither, 140 Md. 342.

This section has been kept alive ever since its passage in 1723, having been twice
re-enacted in the Codes of 1860 and 1888, and is the law of the state. Mandamus to
police commissioner to compel enforcement of Sunday law in regard to professional base-
ball in Baltimore City, refused. Graham v. Gaither, 140 Md. 336.

Act of 1920, ch. 522, is a general law; a general law may not be passed subject to ap-
proval of the people of a portion of the state; act 1920 invalid. Motion pictures. Lever-
ing v. Supervisors of Elections, 137 Md. 283.

This section held to have no application in a suit against a carrier for delay in
delivering cattle; the transportation of cattle by a carrier on Sunday is not illegal,
but is excepted from operation of this section. Fact that cattle were transported on
Sunday would, even if it were a violation of law, be no defense to above suit. P., W.
& B. Ry. Co. v. Lehman, 56 Md. 227.

This section does not prevent a new promise made on Sunday from removing bar
of statute of limitations. Thomas v. Hunter, 29 Md. 413.

This section is constitutional and valid; how the constitutionality of a statute may
be tested. Judefind v. State, 78 Md. 511; Levering v. Park Commrs., 134 Md. 54
(decided in 1919).

As to indictments for selling liquor, unlawfully, see sec. 663.

For indictment under this section, see Reynolds v. Russler, 128 Md. 608.

Prosecutions for Sabbath-breaking shall be brought within one month—art. 57, sec. 12.

See notes to sec. 575.

This section applies to Baltimore City as well as to the counties. Callan v. State.
156 Md. 459.

Ch. 287, 1931, excepting Baltimore City from this section and secs. 575 and 576 upon
the passage and approval by popular vote of an ordinance governing Sunday observance
in the city, held valid. Ness v. Baltimore, 162 Md. 531.

1931, ch. 531, sec. 483A. 1939, ch. 636.

561. Nothing contained in Section 560 of this Article, however, shall
be construed as prohibiting, penalizing or making unlawful the playing
of basketball or the operation of any bowling alley, ten pin alley or duels
pin alley or swimming pool, between the hours of 1 P. M. and 6 P. M.
on Sunday, with or without a charge or fee, or the playing, within the
corporate limits of the City of Hagerstown, on the first day of the week,
commonly called Sunday, of games of baseball by any person or persons
who engage therein as an occupation, pursuit or business, whether the same
be played for recreation or admission to said games be charged; provided,
however, that it shall be unlawful for any person or persons who engage
therein as an occupation, pursuit or business, to play said games of base-
ball on the first day of the week, commonly called Sunday, within the
corporate limits of the City of Hagerstown, except between the hours of
2 P. M. and 5 P. M., or to play said games of baseball within one hundred
(100) yards of any existing permanent church edifice where religious serv-
ices are being held.

1931, ch. 531, sec. 483B.

562. Nothing contained in said Section 560 shall be construed as
prohibiting, penalizing or making unlawful the officiating at or assisting