State license and local license in the manner hereinafter in this sub-title set forth, but nothing herein contained shall affect the right of any municipal corporation or board of county commissioners to pass such ordinances or orders relative to itinerant vendors as may be permissible under the general law or under their respective charters or powers. 1892, ch. 596, sec. 6. 151. Every itinerant vendor desiring to do business in this State shall deposit with the clerk of the court of common pleas in the city of Baltimore, or the clerks of the circuit courts for the counties, the sum of five hundred dollars as a special deposit; upon application in proper form, and the payment of a further sum of one hundred dollars as a State license fee, the said clerk shall issue to him an itinerant vendor's license authorizing him to do business in this State in conformity with the provisions of this sub-title for the term of one year from the date thereof, or a proportional part of said sum for any fractional part of a year not less than one month, and all licenses so issued shall be made to expire on the first day of May next succeeding the date of their issue. Every license shall set forth a copy of the application upon which it is granted. Such license shall not be transferable, nor give authority to more than one person to sell goods as an itinerant vendor, either by agent or clerk, or in any other way than in his own proper person, but have the assistance of one or more licensee may any persons in conducting his business, who shall have authority to aid that principal but not to act for or without him. Ibid. sec. 7. 152. All applications for licenses shall be sworn to, shall disclose the names and residences of the owners or parties in whose interest said business is conducted, and shall be kept on file by the clerk of the court; and a record shall be kept by him of all licenses issued upon such applications. All files and records, both of the clerk of the court and of the respective clerks to the county commissioners or the clerk or officer designated to collect license fees by any incorporated town or city in this State, shall be in convenient form and open for public inspection. Ibid. sec. 8. 153. Before selling under said State license, every itinerant vendor shall exhibit the same to the clerk to the county com missioners, or to the clerk or officer designated to collect license fees by any incorporated town or city in this State where he proposes to make sales. And upon payment to said clerk or officer of a further local license fee to be ascertained in the manner provided in the following section, and the proof of payment of all such other license fees, if any, as are legally chargeable upon local sales, the clerk or officer shall endorse upon it the words "Local License Fees Paid," and shall affix his official signature, together with the date of such endorsement. Any failure to obtain a local license, if any, and for proper endorsements made on the said license shall be subjected to the same penalty as though no State license had been issued. 1892, ch. 596, sec. 9. 154. Any itinerant vendor, before making any sales of such goods, wares and merchandise, shall furnish to the clerk or officers designated in section 153, where any goods, wares and merchandise are kept or to be kept or exposed for sale or sold by him or them, a true statement of the average quantity and value of the stock of goods, wares and merchandise so kept and exposed for sale. The person furnishing such statement shall make oath that the same is true, and said oath may be administered by said clerk or any officer qualified to administer oaths. Such clerk or officer shall thereupon ascertain the amount to be paid for the local license, by a computation based upon the average valuation of such stock of goods, wares and merchandise so kept or exposed for sale, in the ratio and of the rate per thousand dollars of valuation of the last preceding tax levy made in such city or county, and upon receipt of the amount so fixed and ascertained shall issue to the person filing or furnishing such statement a local license authorizing the sale of such goods, wares and merchandise within the limits of such county or city, which license shall be and continue in force so long as the licensee thereunder shall continuously keep and expose for sale in city or county such stock of goods, wares and merchandise, except that such license shall in any event terminate and expire on the first day of May next following its date. If the statement required by this section is not filed as aforesaid, the clerk or officer designated in section 153, of the city or county in which such goods are so kept or exposed for sale, or where such itinerant vendor desires to sell such goods, wares and merchandise, shall thereupon fix the sum to be paid for such license, which sum shall be binding upon the parties. 1892, ch. 596, sec. 10. 155. Whoever neglects or refuses to file the statement required by section 154, or whoever makes a false or fraudulent representation therein, shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars . for each and every day that such goods, wares and merchandise are kept or exposed for sale. Ibid. sec. 11. 156. Whenever a person liable therefor, and after demand made by the officer or clerk whose duty it is to collect said license fees of the city or county in which he is located, refuses or neglects to pay the license fee provided for in this sub-title, the said clerk or officer may, in his own name, but for the use and benefit of such city or county, maintain an action therefor in like manner as for his own debt. Station houses justices of the peace in Baltimore city and justices of the peace in the counties shall have concurrent jurisdiction with the circuit courts in the counties and the criminal court of Baltimore of such actions and of complaints under section 149. Ibid. sec. 12. 157. No itinerant vendor shall advertise, represent or hold forth any sale as an insurance, bankrupt, insolvent, assignee, trustee, testator, executor, administrator, receiver, wholesale or manufacturer's or closing out sale, or as a sale of any goods damaged by smoke, fire, water or otherwise, or in any similar form, unless he shall before so doing state under oath, either in the original application for a State license or in a supplementary application subsequently filed, and copy on the license. all the facts relating to the reasons and character of such special sale so advertised or represented, including a statement of the names of the persons from whom the goods, wares and merchandise were obtained, the date of delivery to the person applying for the license and the place from which said goods, wares and merchandise were last taken, and all details necessary to exactly locate and fully identify all goods, wares and merchandise to be so sold. Ibid. sec. 13. 158. Any false statement in an application, either original or supplementary, for a license, and any failure on the part of any licensee to comply with all the requirements of the last preceding section shall subject said itinerant vendor to the same penalty as if he had no license. 1892, ch. 596, sec. 14. 159. All State licenses issued under this sub-title shall expire on the first day of May next succeeding the date of their issue, and may be, if so desired, surrendered at any time prior thereto for cancellation, Ibid. sec. 15. 160. Upon the expiration and return or surrender of each State license, the respective clerks of the courts aforesaid shall cancel the same, endorse the date of delivery and cancellation thereon, and place the same on file. He shall then hold the special deposit of such licensee, hereinbefore mentioned for the period of sixty days, and, after satisfying any and all claims made upon the same under the section next following, shall return said deposit, or such portion of the same, if any, as may remain in his hands, to the licensee depositing it. Ibid. sec. 16. 161. Each deposit made with the respective clerks of the courts aforesaid shall be subject, so long as it remains in his hands, to attachment and execution in behalf of creditors whose claims arise in connection with business done in the State, and the respective clerks of the courts aforesaid may be held to answer as garnishee in any civil action in contract or tort brought against any licensee, and he shall pay over under order of court, or upon execution, such sum of money as he may be chargeable with upon his answer or otherwise, after deducting reasonable counsel fees and costs. Said deposit shall also be subject to the payment of any and all fines and penalties incurred by the the licensee through violations of the several sections of this sub-title, and the clerk of the court in which, or the trial justice by whom such fine or penalty is imposed shall thereupon notify the respective clerks of the courts aforesaid of the name of the licensee against whom such fine or penalty is adjudged and the amount of such fine or penalty, and the clerk of the court, if he has in his hands a sufficient sum deposited by such licensee, shall pay the sum so specified to said clerk or trial justice, and if the clerk shall not have a sufficient sum so deposited, he shall make payment as aforesaid of so much as he has in his hands. All claims upon the deposit shall be satisfied after judgment, fine or penalty in the order in which notice of the claim is received by the respective clerks of the courts aforesaid, until all such claims are satisfied or the deposit exhausted, but no notices filed after the expiration of the sixty days' limit aforesaid shall be valid. No deposits shall be paid over by the respective clerks of the courts aforesaid to licensees so long as there are any outstanding claims or notices of claims against them, respectively, unless the clerk is satisfied that such claims will not be prosecuted to final judgment, or that no fine or penalty will be imposed. 1892, ch. 596, sec. 17. 162. It shall be the duty of the respective sheriffs, constables, police or prosecuting officers in each county and city in this State to see that the provisions of the several sections of this sub-title are complied with, and to prosecute for violations of the same. All such officers shall have power to demand the production of the proper State and local license from any itinerant vendor advertising or actually engaged in business, and any failure to produce such license shall be prima facie evidence against such vendor that he has none. Fraud-Millers Mixing Flour. 1888, art. 27, sec. 108. 1860, art. 30, sec. 134. 1704, ch. 16, sec. 6. 1816, ch. 76. 1878, ch. 375. 1880, ch. 9. 163. No master, owner, miller or other person properly belonging to or otherwise owning any mill within this State shall ask, demand or receive for grinding any quantity of wheat, Indian corn or rye above one-eighth part of every bushel of wheat, Indian corn or rye by him so ground as aforesaid, under the penalty of fifty dollars for every such offense, onehalf to the use of the State and the other half to the informer, to be recovered in the name of the State by action of debt before any justice of the peace as other small debts are recoverable. In St. Mary's, Wicomico, Somerset and Worcester counties, the sixth may be taken for grinding rye and corn. Ibid. sec. 109. 1860, art. 30, sec. 135. 1805, ch. 82, sec. 1. 164. If any person shall mix, or cause to be mixed, any corn meal or other flour with wheat flour, for the purpose of selling or otherwise disposing of the same as wheat flour, or shall send the same out of the State for the purpose, or with the intent of selling or otherwise disposing of it, he, on conviction thereof, shall forfeit and pay for each and every such offense a sum not less than two hundred dollars, nor more than one thousand dollars, one-half to the informer and the other half to the State. And in case such offender shall be unable to pay |