2304 ARTICLE 56

sale any goods, chattels, wares or merchandise, within this State, without
first obtaining a license in the manner herein prescribed; provided that
persons carrying on the shad and herring fisheries in this State may sell
and dispose of so much salt as may be necessary to cure the fish pur-
chased of them during the months of March, April and May and no
longer without license, and that nothing herein contained shall extend to
vendors of cakes or to the vendors of beer and cider who are the makers
of such beer and cider; but nothing herein shall exempt any vendors of
lager beer from the requirement to obtain a license to sell said lager
beer.

A baker is manufacturer within the meaning of this section. State v. Amick, 171 Md.
536.

Secs. 40-73 referred to in construing Secs. 24, 25, 27 and 28. Brown v. State, Daily
Record, Dec. 13, 1939.

Secs. 37 to 40 of art. 56 of Code of 1860 were declared unconstitutional in Ward v.
Maryland, 12 Wall. 418. This section and the following ones are constitutional, embrace
non-residents as well as residents, and apply to sales by sample. (See, however, sec. 69.)
Corson v. State, 57 Md. 263. And see Ward v. Maryland, 12 Wall. 418.

Person who cleans and cuts up fish or cuts up carcasses of animals for sale, not
manufacturer within meaning of this section; long, uninterrupted and unvarying con-
struction put upon this section by administrative officers in not demanding trader's
licenses from stall owners in Baltimore City markets, accepted by court. Arnreich v.
State, 150 Md. 92.

A person holding a trader's license in one city or county, is not authorized to sell
and deliver goods from a wagon in another county. Design of this section. Salfner v.
State, 84 Md. 302.

For discussion of nature of license tax formerly imposed by sec. 37 of art. 56 of
Code of 1860, and of licenses in general, see Ward v. State, 31 Md. 284. (Reversed
in Ward v. Maryland, 12 Wall. 418.)

As to licenses for fishing, see art. 39

As to licenses for tonging, dredging and packing oysters, see art. 72.

As to licenses for hunting, see Art. 99.

See secs. 2, 3 and 4 and notes to sec. 41.

An. Code, 1924, sec. 43. 1912, sec. 39. 1904, sec. 39. 1888, sec. 36. 1858, ch. 414,
sec. 2. 1862, ch. 49. 1880, ch. 349. 1929, ch. 36.

41. When any person, body politic or corporate shall propose to sell
or barter, or dispose of, or offer for sale anything mentioned in the pre-
ceding section, except spirituous or fermented liquors, he shall apply to
the clerk of the circuit court for the county in which he proposes to carry
on such selling or bartering, or disposing of goods, wares, chattels, or mer-
chandise ; or if he purposes to carry on such selling or bartering, or dis-
posing of goods, wares, chattels or merchandise in the City of Baltimore,
to the clerk of the Court of Common Pleas for a license therefor; and a
license to offer for sale issued by said clerk of Court of Common Pleas or
by the clerk of the circuit court for any county shall be good and sufficient
as a license to offer for sale in every part of the State; provided that such
license shall not authorize the holder thereof to open or carry on any store
or fixed place of business for such selling or offering for sale in any place
other than in the place of business designated in said license and in the
application therefor, it being intended hereby that a separate trader's li-
cense shall be obtained for each store or fixed place of business; but no
license to trade or to sell spirituous or fermented liquors shall be issued
by any clerk of a court to a feme covert, or to any person under the age of
twenty-one years, without the special order of a judge of said court; and no
judge shall give such special order to issue such license to sell spirituous or
fermented liquors to a feme covert, or person under the age of twenty-one
years, unless upon the recommendation of at least ten respectable free-
holders residents of the ward or district wherein said license would be