LICENSES 2455

May in each and every year and who continues to perform or offers to per-
form any act or acts prohibited by this sub-title to others than licensees shall
pay in addition to the fees herein prescribed a sum equal to 10% of the
prescribed annual fee for each month or fractional part thereof after the
first month such licensee fails to so apply for the renewal of his or her
license.

Any such licensee who fails or refuses, after 30 days written notice from
the Commission, to so apply and pay the fee and all penalties imposed by
this section shall be deemed to be operating without a license and subject
to the penalties provided for in Section 362.

(b) Every license issued by the Commission shall expire annually on the
30th day of April in each year.

1939, ch. 351, sec. 304.

362. (Penalties.) Any person, acting for himself or herself or for
or on behalf of any co-partnership, association or corporation, not specifi-
cally excepted from this provision of this sub-title, who shall after June 1,
1939, engage in the business or act in the capacity of a real estate broker
or real estate salesman within this State, without a license or shall carry
on or continue such business or employment after the suspension or revoca-
tion of any such license to him or it issued, or shall employ any person as
a real estate salesman, to whom a license as real estate salesman had not
been issued, or whose license as such shall have been revoked or suspended,
shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall
be sentenced for the first offense to pay a fine of not less than fifty dollars
($50) nor more than one hundred dollars ($100), and for a second and any
subsequent offense shall be sentenced to pay a fine of not less than five hun-
dred dollars ($500) nor more than one thousand dollars ($1,000) or
undergo imprisonment for a period of not more than one (1) year, or both
in the discretion of the court. The following Counties: St. Mary's, Cal-
vert, Dorchester, and Anne Arundel, shall be exempt from all the provisions
of this sub-title.

1939, ch. 351, sec. 305.

363. (Constitutionality.) If any section, sub-section, sentence, clause,
phrase or requirement of this sub-title is for any reason held to be uncon-
stitutional, such decision shall not affect the validity of the remaining por-
tions thereof. The Legislature hereby declares that it would have passed
this sub-title, each section, sub-section, clause, phrase and requirement
thereof, irrespective of the fact that any one or more sections, subsections,
clauses, phrases or requirements be declared unconstitutional; provided,
however, that nothing in this sub-title shall apply to Harford, Queen
Anne's and Worcester Counties.¹

SEC. 2. And be it further enacted, That the provisions of this Act as to license
fees shall not become effective until May 1, 1940, as to persons, firms or corporations
who have secured licenses prior to June 1, 1939, in accordance with the provisions
of the law existing prior to said date.

¹ Sec. 2, ch. 351, 1939, reads as follows: