SALES AND NOTICES. 555

If there be no such creditors, the affidavit shall so state.
Thereupon, it shall be the duty of the person who shall bargain for, or
purchase, or offer for sale as agent, bargain for or purchase for another,
any stock of goods, wares or merchandise, or fixtures of any kind, or of
goods, wares or merchandise of any kind and fixtures, in bulk, at least
ten (10) days before the completion of said purchase or the payment there-
for or undertaking to sell, to notify, personally or by registered mail, each
of said creditors of the said vendor of said proposed sale, the price to be
paid therefor, the time set for the sale of said goods or fixtures, or goods
and fixtures, if same are to be sold at public auction, and the terms and
conditions thereof, and a copy of the statement of creditors, their priority
as heretofore provided for. Provided, however, that any creditor whose
name has been omitted from such statement and who may give written
notice of his claim to the purchaser prior to distribution by the purchaser,
shall, thereafter, be entitled to share equally with the other creditors en-
titled to the benefits of this and the succeeding section as to the proceeds of
such sale or transfer as are then held by the purchaser.

Failure to notify creditors and give statement under oath, etc., does not in-
validate sale as between parties or affect others than subsisting creditors. Zim-
merman v. Garfinkel, 144 Md. 397 (decided prior to act 1927, ch. 534).
See notes to art. 66, sec. 31.

Sale contrary to art. 83, sec. 19 (now repealed), formerly constituting "Sales
in Bulk" law, was held not conclusive evidence of fraud, but that it only threw
burden on purchaser to prove transaction bona fide. Purchase upheld. Hart v.
Roney, 93 Md. 433.

Sec. 19, et seq. (now repealed), formerly constituting the "Sales in Bulk" law,
referred to in interpleader proceeding. Horner v. Lehman, 130 Md. 277.

An. Code, 1924, sec. 101. 1912, sec. 101. 1912, ch. 451, sec. 99. 1914, ch. 409, sec. 99.
1927, ch. 534, sec. 101. 1929, ch. 567.

101. Whenever any person shall bargain for or purchase, or sell as an
agent, bargain for or purchase for another, any stock of goods, wares or
merchandise of any kind, or fixtures, or of goods, wares or merchandise of
any kind and fixtures, in bulk, for cash or on credit, and shall pay any part
of the purchase price to such vendor, or execute or deliver to the vendor
therefor or to his order, or to any person for his use, any promissory note
or other evidence of indebtedness for said purchase price or any part
thereof (except the payment of a sum not to exceed ten (10) per cent of
the purchase price, as a deposit, as hereinafter provided), without first
having demanded and received from said vendor or from his agent the
statement provided for in Section 100 hereof and verified as herein pro-
vided, and without paying or seeing to it that the purchase money of said
property is applied to the payment of the bona fide claims of the creditors
of the vendor, pro rata, according to the priority of their several claims, as
shown upon such verified statement, and without first having sent the
notices of said sale and said statement of creditors, as provided for in said
Section 100, then such sale or transfer shall be fraudulent and void as to
subsisting creditors, and such purchaser or agent shall, at the suit of any
creditor, be held liable to the said subsisting creditors of the said vendor
as a trustee for the fair value of all the property so bought or sold by him;