LICENSES 2301

Hawkers and Peddlers.

An. Code, 1924, sec. 26. 1912, sec. 24. 1904, sec. 24. 1888, sec. 27. 1856, ch. 341.

1882, ch. 104. 1892, ch. 410. 1894, ch. 443. 1898, ch. 183. 1902, ch. 508.

1904, ch. 297. 1933, ch. 328, sec. 26. 1937, ch. 216.

24. No hawker or peddler shall buy for sale out of the State, or buy
to trade, barter or sell, or offer to trade, barter or sell within the State
any goods, wares or merchandise until he shall have first taken out a
license for that purpose, but nothing in this section shall apply to hawkers
and peddlers of oysters and fish in their unpreserved and natural condi-
tion, or of fruits and vegetables perishable in their nature that are sold
in their natural condition in this State, or to licensed merchants or traders
in Allegany County who have maintained regular places of business for
not less than five years and who deliver goods, wares or merchandise to regu-
lar customers or others with or without prior orders. This section not to
apply to Prince George's, Anne Arundel nor Cecil Counties, as to which
special local law exists.

Statute should be construed in light of modern social conditions; judicial notice of
practice of producer in selling ice, milk, etc., along established routes without license for
many years. State v. Amick, 171 Md. 536.

Secs. 24, 25, 27 and 28 held valid and person selling ice cream from motor vehicle
required to secure hawker's and peddler's license. Brown v. State, Daily Record, Dec. 13,
1939.

Failure of hawker or peddler to take out license, does not make his contract illegal
or unenforceable. Banks v. McCosker, 82 Md. 521; Coates v. Locust Point Co., 102
Md. 296.

Cited but not construed in Crout v. State, 157 Md. 387.

An. Code, 1924, sec. 27. 1912, sec. 25. 1904, sec. 25. 1888, sec. 28. 1856, ch. 341. 1862,

ch. 97. 1882, ch. 104. 1884, ch. 350. 1886, ch. 507. 1888, ch. 10. 1892, ch. 410.

1894, chs. 333, 443. 1902, ch. 508. 1920, ch. 600. 1922, ch. 298. 1933,

ch. 328, sec. 27. 1935, ch. 219.

25. For every such license there shall be paid the following rates, to
wit: For every license to travel on foot, the sum of one hundred dollars;
to travel with a horse or other beast of burden and wagon or other vehicle,
the sum of one hundred and fifty dollars; with two horses or other beast
of burden and wagon or other vehicle, the sum of two hundred dollars;
and with a motor truck or motor vehicle of any description whatsoever,
the sum of three hundred dollars. Provided that the license to travel with
a motor truck or motor vehicle of any description shall be one hundred
dollars for residents of Garrett County. This section not to apply to
Anne Arundel, Prince George's nor Cecil Counties.
See notes to Sec. 24.

An. Code, 1924, sec. 28. 1912, sec. 26. 1904, sec. 26. 1888, sec. 29. 1862, ch. 97.

1865, ch. 76.

26. No such license shall be granted to any hawker or peddler in the
name or style of a partnership or company and but one person shall trade
under any such license. No such license shall extend beyond the county in
which it may be issued.
Cited in State v. Amick, 171 Md. 542.

An. Code, 1924, sec. 29. 1912, sec. 27. 1904, sec. 27. 1888, sec. 30. 1856, ch. 341, sec. 2.

27. Any hawker or peddler who may be found trading, bartering or
selling, or offering to trade, barter or sell any goods, wares or merchandise
without a license may be apprehended by any sheriff or constable within