2312 ARTICLE 56

Where a local law is in force, application must be made under it, and not under
this section. McCrea v. Billingslea, 89 Md. 767.

For a case now apparently inapplicable to this section by reason of changes in the
law, see Keller v. State, 11 Md. 531.

See art. 2B.

An. Code, 1924, sec. 86. 1912, sec. 73. 1904, sec. 73. 1888, sec. 68. 1858, ch. 414, sec. 5.

1914, ch. 334.

77. The said licenses shall be granted on the following terms: The
applicant shall be recommended to the Clerk by two respectable free-
holders of his immediate vicinity, and shall make oath, to be by the said
Clerk administered, that he has bona fide and without intending to evade
the requirements of this Article provided and expects to maintain six
good beds with sufficient covering therefor, and three rooms more than
sufficient for the private uses of said ordinary keeper, with stabling and
provender for five horses at least, and if said applicant resides in the City
of Baltimore, that he has provided and expects to maintain twelve good
beds with covering as aforesaid and six rooms.

Any license so granted shall be by the original or any subsequent holder
thereof assignable and transferable to any person who shall be recom-
mended to the Clerk in the same manner as and who shall take the oath
in the same manner as, is hereinbefore provided in the case of the original
applicant therefor; such assignment or transfer shall be endorsed upon
the license, and a record kept thereof, by the Clerk of the Court granting
said license, who shall be entitled to receive a fee of fifty cents therefor;
the same shall then take effect immediately, provided, however, that the
license shall only be good for the premises for which it was originally
issued.

Portion of this section with reference to applicant procuring recommendation, etc.,
is a valid regulation under police power. Cahen v. Jarrett, 42 Md. 577.

Cited but not construed in State v. Cahen, 35 Md. 237; McCrea v. Billingslea, 89
Md. 767.

An. Code, 1924, sec. 87. 1912, sec. 73A. 1914, ch. 335.

78. Any holder of an ordinary license issued under the provisions of
Section 77 of this Article, in case the premises for which said license
is granted shall be destroyed by fire, or in case for any other reason the
business conducted in such premises shall cease during the term for
which said license was granted and who shall surrender such license to
the Clerk issuing the same, shall be entitled to have the amount paid for
such license refunded pro rata for the unexpired portion of the term for
which such license was granted, less Ten Dollars; provided that no re-
fund shall be allowed or paid upon the surrender of such license, unless
the same shall have at least one full calendar month yet to run. Upon
the surrender of said license the Clerk of the Court issuing the same shall
thereupon compute the amount of the refund then due on said license
for the unexpired term thereof, less Ten Dollars, and shall execute dupli-
cate vouchers therefor, showing the name of the person to whom the origi-
nal license was issued, the number of said license, the date when issued,
the amount paid therefor, and the date when surrendered for cancella-
tion, together with the amount of refund due at such date as computed
by him, and the name of the person entitled to receive the refund; and
said Clerk shall deliver to the person entitled thereto one of said vouchers,
and retain the other, and shall pay to the person entitled thereto, or his
personal representatives or assigns the amount called for by such vouchers,