2298 ARTICLE 56

issuance of all licenses issued by the clerks of the several courts of this
State, and that this power shall be exercised by no other official.

This section did not repeal sec. 6, but the authority given by this section is in
addition to that in sec. 6. Arnreich v. State, 150 Md. 93.

Auctioneer.

An. Code, 1924, sec. 8. 1912, sec. 7. 1904, sec. 7. 1888, sec. 7. 1886, ch. 507, sec. 5B.
1888, ch. 10.

9. Every person who shall open a room or place of business for the
purpose of selling goods, wares and merchandise at auction shall be re-
quired to take out a license in the same manner as resident traders; the
amount to be charged for said license to be rated upon the amount in value
of goods, wares and merchandise on hand by said person for sale in the
same manner as licenses are rated to resident traders. This section not
to apply to Garrett County.

Billiards.

An. Code, 1924, sec. 9. 1912, sec. 8. 1904, sec. 8. 1888, sec. 8. 1798, ch. 13. 1824, ch. 64,
sec. 1. 1826, ch. 219, sec. 1. 1865, ch. 56. 1870, ch. 250. 1892, ch. 525. 1912, ch. 67.

10. A license may be granted to any person who may apply for per-
mission to keep a billiard table, for which license there shall be paid the
sum of ten dollars, and for every additional billiard table kept by the
same person he shall pay a license of five dollars; provided, that all said
additional tables shall be kept in the same premises; and the word billiard
table shall be construed to include pool tables; and provided further, that
any person who shall keep a pool or billiard table where a charge is made
for playing on the same but the said charge is returned or is to be re-
turned to the players to be exchanged with the owner of said table or his
agent for money, drinks, cigars or any other article of merchandise, shall
be considered as gambling, and such tables shall be deemed gaming tables
for the purposes of this article; and the person so keeping such table shall
be liable to the penalty or penalties prescribed by the Public General
Laws for keeping a gaming table or other place of gaming or permitting
gambling on his or her premises.

History of secs. 10, 11 and 12. Although law applicable to billiard tables in Baltimore
City has been codified in local Code, the licenses are contemplated to be issued by
the state, and state receives the revenue therefrom; demurrer to indictment overruled.
Although the law excepts billiard tables kept for private use, such exception need
not be negatived in indictment. Local requirements for issue of licenses held to
have exclusive operation within limits of Baltimore City. Weber v. State, 116 Md. 404.
This section applies to a corporation and also to a club which charges for use of
pool table. State may tax amusements of people either for revenue, or as police
regulation. Germania v. State, 7 Md. 6.

An. Code, 1924, sec. 10. 1912, sec. 9. 1904, sec. 9. 1888, sec. 9. 1824, ch. 64, sec. 3.
1826, ch. 219, sec. 2. 1865, ch. 56.

11. Any person keeping or exhibiting for use a billiard table or tables
without first obtaining a license therefor shall, for each and every table
so kept or exhibited, forfeit and pay the sum of five hundred dollars, one-
half to the informer and the other half to the State.

The only exception to this section is a table kept for private use. When a table
is for public, and when for private use. Admissibility of evidence. Schmetzer v. State,
63 Md. 422.

Cited but not construed in Germania v. State, 7 Md. 6.

See notes to sec. 10.

As to abolition of informer's fees, see Art. 38, sec. 3.