BALTIMORE CITY. 1027

P. L. L. (1860), Art. 4. sec. 157. P. L. L. (1888), Art. 4, sec. 73.

231. In case the said person is tried upon a presentment or indictment,
it shall only be necessary to allege in the presentment 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. Repealed by Act of 1900, Chapter 208.

233. Repealed by Act of 1900, Chapter 208.

234. Repealed by Act of 1900, Chapter 208.

P. L. L. (1860), Art. 4, sec, 88. P. L. L. (1888), Art. 4, sec. 77.

235. The duties shall be calculated on the sums for which the prop-
erty or goods so exposed to sale shall be respectively struck off, and shall
in all cases be paid by the person making the sale.*

State v. Hoboken Bank, 84 Md. 325.

P. L. L. (1860), Art. 4, sec. 89. P. L. L. (1888), Art. 4. aec. 78.

236. No duties shall be chargeable upon any goods, wares, merchandise
or other property sold by any auctioneer at private sale on the days of
his public auction, or unless the same be part of what was offered for sale
at said public auction or was advertised to be sold thereat.

P. L. L. (1860). Art. 4, sec. 90. P. L. L. (1888), Art. 4, sec. 79.

237. The duty imposed on all sales of lands, tenements and heredita-
ments, or of any interest therein, at public auction in the City of Balti-
more, shall be a lien on the said property when sold as aforesaid.
State T. Hoboken Bank, 84 Md. 325.

P. L. L. (1860), Art. 4, sec. 91. P. L. L. (1888), Art. 4, sec. 80.

238. Every purchaser of lands, tenements or hereditaments, or of any
interest therein, purchased at public auction in the City of Baltimore, shall
be bound to pay the auction duty on such sale and be entitled to claim the
said payment as a credit on his purchase as aforesaid.
State v. Hoboken Bank, 84 Md. 325.

*Sections 235, 236, 237, 238, 266, 267, 268, 269, 270, 274, 275, 276 and 277 were
attempted to be repealed and sections 239, 240, 241, 243, 244, 245, 246, 248, 249, 253,
255, 257, 263 and 272 were attempted to be amended by Ord. 105 (1923-24), to pro-
vide for the appointment of auctioneers by the Mayor and the payment of license
fees to Baltimore City. The ordinance was held invalid, it being held that the
Home Rule Amendment did not give the city power to change local laws affecting
state revenues. Gaither v. Jackson, 147 Md. 655.