288 LAWS OF MARYLAND. [CH. 325

tion for water, gas, or oil. Drive point wells are excluded from
the provisions of this sub-title.

A "well driller" is a person in responsible charge of the
actual drilling, boring, coring, or digging, or construction,
alteration or repair of any well.

An "owner" is a person who has the right to drill into and
produce and appropriate the production of water, gas, or oil,
either for himself, or for himself and another or others, and
for others.

A "person" means any natural person^ corporation, associa-
tion, partnership, receiver, trustee, guardian, executor, admin-
istrator, fiduciary, or representative of any kind.

"Underground water" means any supply of water which may
be developed by any type of well or spring from beneath the
surface of the ground whether the water flows therefrom by
natural force or is withdrawn by pumping or other mechanical
device or artificial process.

"Aquifer" means any formation of soil, sand, rock, gravel,
limestone, sand-stone, or other material, or any crevice from
which underground water is or may be produced.

37. Any person who shall engage in the trade, business or
calling of well driller without a permit or license, as provided
for by this sub-title, or who shall refuse to perform any duty
or obey any order lawfully enjoined upon him by the Depart-
ment, within the prescribed time, shall be deemed to have vio-
lated the provisions of this sub-title and shall be subject, to a
penalty of not less than $10. 00 nor more than $50. 00 for each
and every violation. Each day of such violation shall consti-
tute a separate offense. The display by any unlicensed person
of any sign or the advertising in any way, or the acceptance
by any unlicensed person of any money or other consideration,
for the construction of any well, contrary to the provisions of
this sub-title, shall be deemed prima facie evidence of the
violation of this sub-title.

38. If any part, section, sub-section, sentence, clause or
phrase of this sub-title shall be held unconstitutional or void
for any reason, such decisions shall not affect the validity of
the remaining portions of this sub-title.

SEC. 2. And be it further enacted, That all Acts and parts
of Acts inconsistent or in conflict with this Act are hereby
repealed.

SEC. 3. And be it further enacted, That this Act shall take
effect June 1, 1945.

Approved March 24, 1945.