368 LAWS OF MARYLAND.

teries, the time or place of such assault and battery in the rec-
ognizance or commitment on which the said person is tried,
but the said person may be tried on a recognizance or commit-
ment for a common assault and battery, and shall be sentenced
by the court according to the facts proved at the trial.

231. In case the said person is tried upon a presentment or
indictment, it shall only be necessary to allege in the present-
ment or indictment that the offense was committed between
the hours aforesaid, and that it was committed on a highway
in the City of Baltimore, or at a place of public resort or
amusement, without setting forth said highway or place of
public resort or amusement by name.

AUCTIONS.

232. All real estate, and all goods, wares, merchandise,
stock, and every other species of personal property whatever
(except goods and other property belonging to this State or
the United States, or which shall be seized by any public offi-
cer for or on account of any penalty or forfeiture, or taken in
execution, and all goods distrained for rent, utensils of hus-
bandry, and all articles of the growth or produce of this State),
which shall at any time be exposed to sale by public auction
within the City of Baltimore, shall be subject, each and every
time they or any of them shall be struck off, to duties, at the
following rates:

233. All real estate and vessels, all wines and ardent spirits,
foreign and domestic, all goods, wares, merchandise and effects
imported from any place beyond the Cape of Good Hope, all
stock of banks or other incorporated institutions, State or City
loans, goods and effects of deceased persons or insolvent
debtors, or property sold under an order or decree of any court,
at the rate of fifty cents on every hundred dollars; and raw cot-
ton and provisions, coffee, tea, sugar-and molasses, foreign and
domestic, at the rate of ten cents on every hundred dollars, ex-
cept in cases where an auctioneer shall have taken out a special
license at the rate of seventy-five dollars per annum to sell at
public auction, stocks of banks or other incorporated institu-
tions, State or City loans, when, and in which event, but not