2728 ARTICLE 83.
Default in bond to protect purchaser under sales in bulk act. Fidelity & Dep. Co.
of Md. v. Thomas, 133 Md. 272.
Secs. 100 to 103 apparently impliedly repeal secs. 19 to 21.
As to fraudulent conveyances, see art. 39B.
An. Code, sec. 101. 1912, ch. 451, sec. 99. 1914, ch. 409, sec. 99.
101. After having received from the vendor the written statement
under oath mentioned in Section 100, the. vendee shall at least five days
before the consummation of the bargain or purchase and at lease five days
before paying or delivering to the vendor any part of the purchase price or
consideration thereof, or any promissory note, or other evidence of in-
debtedness for the same in good faith, notify or cause to be notified per-
sonally, or by registered letter, each of the creditors of the vendor named
in the statement of the proposed purchase by him of such stock of goods,
wares, or merchandise; and whenever any person shall purchase any stock
of goods, wares, or merchandise in bulk, or shall pay the purchase price
or any part thereof, without having first demanded and received from
his vendor the statement under oath as provided in Section 100, and with-
out having notified or cause to be notified all of the creditors of the vendor
named in such statement as in the Section presented, such purchase, sale
or transfer shall, to any and all subsisting creditors of the vendor, be void.
Secs. 100 to 103 apparently impliedly repeal secs. 19 to 21.
An. Code, sec. 102. 1912, ch. 451, sec. 100.
102. Any .sale or transfer of a stock of. goods, wares or merchandise
out of the usual or ordinary course of the business in the trade of the ven-
dor, or whenever thereby substantially the entire business trade thereto-
fore conducted by the vendor shall be sold or conveyed, or attempted to
be sold or conveyed, to one or more persons, shall be deemed a sale or
transfer in bulk, in contemplation of this law.
Secs. 100 to 103 apparently impliedly repeal secs. 19 to 21.
An. Code, sec. 103. 1912, ch. 451, sec. 101.
103. Nothing contained in the aforegoing sections shall apply to sales
made by executors, administrators, receivers or any public officer conduct-
ing a sale in his official capacity, nor to any deed of trust executed for the
benefit of the creditors.
Secs. 100 to 103 apparently impliedly repeal secs. 19 to 21.
An. Code, sec. 104. 1916, ch. 371.
104. Any vendor of a stock of goods, wares or merchandise under the
provisions of Section 100 of this Article, who shall knowingly and will-
fully make, or deliver, or cause to be made or delivered any statement re-
quired by said Section, of which any material portion is false, or shall
knowingly and willfully fail to include the names of all the creditors of
said vendor and the amounts due each in said statement, shall be guilty
of a misdemeanor, and upon conviction thereof shall be punished by a fine
of not more than one thousand dollars ($1,000) or by imprisonment for
not more than one year, or both in the discretion of the Court.
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