SALES AND NOTICES. 1115

against the purchaser to invalidate any such sale after the expiration of
ninety (90) days from the consummation thereof. Nothing herein con-
tained shall prevent or hinder the vendor from demanding and receiving
security from any purchaser or requiring a deposit, not to exceed ten (10)
per cent of the purchase price, to insure faithful performance of the con-
tract, agreeable to the provisions of this sub-title, prior to furnishing the
list of creditors as hereinbefore set forth.
See notes to sec. 100 and to art. 66, sec. 31.

An. Code, 1924, sec. 102. 1912. sec. 102. 1912, ch. 451, sec. 100.
1927, ch. 534. sec. 102.

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 vendor,
or whenever thereby substantially the entire business (trade) theretofore
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. Provided, however, that if such
vendor produces and delivers a written waiver of the provisions of this
sub-title from his creditors as shown by such verified statement, or provided
said verified statement sets forth that the vendor has no creditors, then the
vendee may either immediately upon or any time after receipt of such a
waiver or said statement showing that there are no creditors, consummate
said sale and make payment in full to the vendor, without liability to any
creditors of said vendor.

See notes to sec. 100 and to art. 66, sec. 31.

An. Code, 1924, sec. 103. 1912. sec. 103. 1912, ch. 451, sec. 101.
1927. ch. 534. sec. 103.

103. Nothing contained in the aforegoing sections shall apply to sales
made under any order of court, or by executors, administrators, receivers
or any public officer conducting a sale in his official capacity, nor to any
deed of trust executed for the benefit of the creditors.
See notes to sec. 100.

An. Code, 1924, sec. 104. 1912. sec. 104. 1916. ch. 371. 1927, ch. 534, sec. 104.

104. Any vendor of a stock of goods, wares or merchandise under the
provisions of Section 100 of this Article or any person who is acting for
or on behalf of any vendor who shall knowingly and wilfully make, or
deliver, or cause to be made or delivered any statement required by said
section, of which any material portion is false, or shall knowingly and wil-
fully 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 3^rear,
or both in the discretion of the Court.

Any such incorrect, false or untrue statement shall be prima facie evi-
dence that said statement was knowingly and wilfully made.