The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1874-01-24
AN ACT


forty-two. tifty-eight, fifty nine, seventy,
seventy-one, seventy-two and eighty five
of Article fifty-six of the Public General
Laws relating to Licenses, also to repeal
chapter 23S of the acts OF 1865 entitled
an act to add an additional section to
said Article, and to re-enact the same
with amendments; also to add a new sec
ton thereto.
SECTION 1. BE 1t Enacted By tie General
assembly Of Maryland, That the second,
eighteeth, nineteeth forty second, fifty
eight, tifty-nnth, SEVENTEEN. seventy-tirst
seventy second, and eighty fifth sections of
Article tifty-six of the Public General Laws
relating to Licenses, be and the same are
hereby repealed, and the following sections
substituted in lieu thereof
SECTION 2. Whenever particular place
for transacting the business, for which a
license is obtained is specified in the license,
if the party removes, he may carry on the
business at the place to which lie may have
removed. Provided the Clerk shall endorse
such removal on the license. which he is
hereby directed to do, on application
This section however is not to apply to
any case in which spirituous Or fermented
liquors Or lager beer is sold.
40. When any person, body polite or
corporation shall propose to sell or barter
any thing mentioned in section forty-one
Of said Article, except spirituous or fer
mented liquors or lager beer he shall apply
to the Clerk of the Circuit Court in which
he may reside, or if he resides in the city
of Baltimore to the Clerk of the Court of
Common Pleas for a license therefor; but
no license to trade or to sell spirituous or
fermented liquors, or lager beer, shall be
raTt or
provided.
IS. When any person or corporation
intends to sell or barter spirituous or fer
mented liquors or lager beer, in quantities
not less than pint, he shall make applica-
ton for :. license therefor in the same man.
ner and comply with the same conditions
required from persons applying to open or
keep an ordinary in which spiritueus or
fermented liquors or lager beer may
be sold in quantities less than pint
at any one time as hereinafter mentioned,
except that the description of his house of
business and accommodations shall vary
according to the nature thereof, both in
his application and certificate and recon-
mendation Of freeholders.
50. Such license shall be. to but one
person or firm to sell at one place only. and
for one year from the first day of May
next, ensuing after the date of approval by
the Court, as hereinafter mentioned but
on the dissolution of a firm. any member
continuing the business at the same stand,
shall have the right to sell liquor during
the continuance of said license, in the
same manner, rs if no dissolution had
taken place.
| 20. If any person or body polite shall
propose to open or keep an ordinary in
which spirituons or termented liquors or
| lager beer may be bartered or sold in guam
titles less than pint at any one time, he
shall make application therefor in writing,
and file the same with the Clerk of the
/ Circuit Court of the county in which said
/ applicant may reside, or if he resides in
tho city Of Baltimore, with the Clerk of
the Court of Common Pleas, at least thirty
days before the then next session of the
said Courts respectively, clearly stating
/ that he is a person Of full age, that he is
DESTROYS of keeping an ordinary at some
place to be particularly designated, in some
incorporated town, city, election district,
or ward; if in the city of Baltimore. that
he is the owner or tenant of the house
designated for that purpose; that SAID
house is suitable for the said purpose, and
tie yearly rent, or rental value thereof
that he has bona fide, and without intend
ing to evade the requirements of this arti,
Gle provided, and expects to maintain six
good beds with sufficient covering there
for. and three rooms for the exclusive use
of travellers and guests, also stabling and
provender for five horses at the least; and
if said applicant resides in the city of Bal
timore, that he has provided and expects
to maintain twelve beds with covering as
aforesaid and six rooms, and that an ordin-
airy at The place designated is necessary
for the accommodation of the public.
II. He shall publish his intention to
make such application for at least three
! times in two newspapers of his county or
city IF so many there be therein the last
of which publications shall be at least ten
days, before the term Of the Court to
which the same is to be presented. This
notice shall set forth the name of the ap-
plicant and the location of the proposed
ordinary, the time when the application
will be made, aud the names Of the free
holders recommending the same. He shall
also file with the application a certificate OF
twelve freeholders residing nearest said
location within the incorporated town, city,
or if in the country in the election district,
ortwerty- four such freeholders of the wald.
if in the city of Baltimore; which ccrtiti-
cate shall state that the applicant is a per-
son of full age, of sober habits and good
moral character; that an ordinary is neces.
sary at the place designated to accommo-
date the public; that the applicant is the
owner OF tenant of the house described.
the actual rent or rental value thereof
that he has in said house at least three
suitable rooms and six comfortable beds
for the exclusive use of travellers and
guests, also that he has provided stabling
and provender for at least five horses
This certificate shall he signed with the
proper signatures and hand writing of such
fre,huldels. but if any such cannot write,
he or they may sign by a mark which shall
be duly attested by subscribing witness,
provided no freebooter shall sigu a certiti-
cate for more than one applicant in the
same wear.
p The said applicant shall appear in
open Court, when his application is pre-,
scented and make oath in due form of. law
that the matters and things set forth in
his application are true as therein stated,
that he has made publication according to
law, that his certificate of freeholGers was
read to or by each of the signers thereof.
that the signatures are in the proper and
genuine hand writing of each, and if any
hays signed by mark he shall so state,
ard also that lie could not write. The
Clerk of the Circuit Cnurt for Ihe county,
or if in the city of Baltimore the Clerk ni
the Court OF Common Pleas, shall lay be-
fore the said Court, all applications for
licenses aforesaid filed in his office, logeth-
err with the certificate of freeholders &C
companying the same on the first day of
the term of the Courts next ensuing the
date Of filing such applications. The
Court may in their discretion approve or
reject such application, and may receive
circumstances and hear evidence and argu-
ments for and against the same, under
such rules and regulations as the Court
may adopt for that purpose. If the arpli-
cation is approved, the Court shall endorse
thereon the word approved" If the
application is rejected, the words g not
approved " shall be endorsed 10y the Court.
1t shall he the duty of the Clerk on the first
dag Of May next ensuing after such appli-
cation has been approved to issue proper
license TO SAID applicant for the term of
one year as is now done. Provided that
fractional licenses may issue iiuring the
year upon like proceedings being had to
begin ir2iG the date of approval by the
Court and teru,t,ate on the LIST of Nav