1266 ARTICLE 27

An. Code, 1924, sec. 501. 1912, sec. 453. 1904, sec. 400. 1888, sec. 260. 1884, ch. 170, sec. 2.

1906, ch. 474i

590. The person in charge of said engine, at a signal or request, of any
person riding a horse, or of any person leading or driving a horse, or other
draft animal, becoming alarmed by said engine, shall go as far as prac-
ticable to the side of the road and remain stationary until said horse or
horses, or other draft animal, have passed to a safe distance, in the mean-
time making as little noise as possible with the steam.

See note to sec. 589.

An. Code, 1924, sec. 502. 1912, sec. 454. 1904, sec. 401. 1888, sec. 261. 1884, ch. 170, sec. 3.

1906, ch. 474 1/2.

591. One of the men accompanying such engine shall, upon the ap-
proach of a horse or horses, or other draft animal, precede such engine a
reasonable distance to assist such person or persons in the management of
any such horse, horses, or other draft animal that may require his assistance
to control same.

An. Code, 1924, sec. 503. 1912, sec. 455. 1904, sec. 402. 1888, sec. 262. 1884, ch. 170, sec. 4.

1906, ch. 474 1/2.

592.¹ If any person in charge of such engine shall fail or neglect to
comply with the provisions of these preceding sections he shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined not
more than ten dollars, and in default of the payment of said fine, by person
in charge of said engine, it shall be held for payment of said fine.

Trade—-Trading Stamps.

An. Code, 1924, sec. 504. 1912, sec. 456. 1904, sec. 404. 1898, ch. 207, sec. 263A.

593. No person or association of persons shall, either directly or in-
directly, by agent or otherwise, use or hold for use in any way, or sell any
stamp commonly called a trading stamp, or any ticket, or check, or any
written or printed promise or assurancej express or implied, or any other
scheme or device for the sale, barter or trade of any goods, wares or mer-
chandise, holding out as an inducement for any such sale, barter or trade
the giving or.issuing of any such stamp, ticket, check, promise, assurance,
scheme or device, which stamp, ticket, check, promise, assurance, scheme or
device is to be or may be presented to Or redeemed by some person or asso-
ciation of persons other than those making the sale, barter or trade aforesaid,
the holder of said stamp, ticket, check, promise, assurance, scheme or device
for presentment or redemption getting or receiving in exchange therefor any
gift, prize or gratuity, or anything uncertain, undetermined or unknown
to the purchaser of said goods, wares or merchandise at the time of the

purchase thereof.

The element of chance in the nature of a lottery is not found in mere purchase of
merchandise and the receipt of same, accompanied by the gift of a stamp to. be re-
deemed by defendant or some other party. When and under what circumstances the
issue and delivery of trading stamps is legal, not being dependent upon element of
chance which partakes of nature of a lottery. State v. Caspare, 115 Md. 10; State
v. Seney Co., 134 Md. 437.

If the inducement for a sale is a stamp which would enable the holder to get some-
thing uncertain, undetermined and unknown to him at time of the purchase, the trans-
action involves an element of chance in nature of a lottery. This section is valid

¹ While the preamble and enacting clause of act of 1906, ch. 474 1/2, purport to include
a section number 403, no such section appears in the official copy of acts, or in the
original act as passed and signed by Governor.