Theodore R. McKeldin, Governor                     231

and conspicuously stated in all advertising of such sale and in signs
conspicuously posted where the sale takes place.

(2) Where cigarettes are imperfect, damaged or being discontinued
if advertised and marked as such, and the quantity accurately,
clearly and conspicuously stated in all advertising of such sale and
in signs conspicuously posted where the sale takes place.

(3) Where cigarettes are sold upon the complete and final liquida-
tion of the seller's business.

(4) Where cigarettes are sold under the order, direction or super-
vision of a Court.

(5) Where cigarettes are sold by a retailer or wholesaler at a
price fixed in good faith to meet the competition of another retailer,
or of another wholesaler who is rendering the same type of service
(i.e., "cash and carry" or "service") as the seller, and provided that
the competitor's price which seller desires to meet is itself lawful
and not in violation of the provisions of this sub-title. The price of
cigarettes sold under paragraphs (1)-(4) inclusive of this sub-
section shall not be deemed the price of a competitor under this
paragraph.

(b) In calculating the basic cost of any wholesaler or retailer of
cigarettes purchased at any sale under paragraphs (1)-(4) inclusive
of sub-section (a) of this section or at any other sale outside the ordi-
nary channels of trade, invoice cost shall not be used but there shall be
used instead, the replacement cost of the cigarettes as defined in
Section 115C (b) of this Article based upon the quantity last pur-
chased by the seller through the ordinary channels of trade.

115G. (Evidence), (a) In any action or proceeding pursuant to
this sub-title, including proceedings before the Comptroller of the
Treasury relating to licenses, proof of a sale of cigarettes or any
other item or items in combination or in connection with cigarettes
at less than cost to the seller as defined and specified in this sub-title,
shall be prima facie evidence of intent to injure a competitor or
competitors and/or of intent to destroy or substantially lessen
competition.

(b) In determining cost to the retailer or cost to the wholesaler,
as the case may be, the Comptroller or any Court shall receive and
consider as bearing on the bona fides of such cost, evidence tending to
show that any person complained against under the provisions of
this sub-title purchased cigarettes with respect to the sale of which
complaint is made at a fictitious price or upon terms or in such a
manner or under such invoices as to conceal the true costs, discounts
or terms of purchase and shall also receive and consider as bearing
on the bona fides of such cost, evidence of the normal, customary, and
prevailing terms and discounts in connection with other sales of a
similar nature in the trade area.

115H. (Remedies), (a) Upon complaint of the Comptroller or of
any person affected, the Circuit Court of any County and the Circuit
Court and Circuit Court No. 2 of Baltimore City shall have jurisdic-
tion to enjoin any retailer or wholesaler from the commission of any
act prohibited by this sub-title, and to award damages and costs.
In the event no injunctive relief is sought or required, any person