1174 ARTICLE 27

shall prove that the article concerning which the charge is made was manu-
factured prior to the first day of July, 1912, then the charge shall be dis-
missed ; provided, that nothing contained in this sub-title shall be construed
so as to affect any presentment, indictment or prosecution commenced or
pending prior to July 1,1912.

Fraud—Watches.

1937, ch. 387, sec. 234A.

272. (Definitions.) As used in this sub-title:

A. "Person" shall be deemed to mean a person, firm, partnership, asso-
ciation or corporation.

B. "Consumer" shall be deemed to mean an individual, firm, partner-
ship, association or corporation who buys for his, her or its own use, or for
the use of another but not for resale.

C. A "second-hand" watch shall be deemed to mean: (1) A watch
which, as a whole, or the case thereof, or the movement thereof has been
sold to a consumer; provided, however, that a watch which has been so sold
and is thereafter returned, either through an exchange or for credit, to the
same person who sold such watch to the consumer, shall not be deemed to
be a second-hand watch for the purpose of this Act if such person keeps
a written or printed record setting forth the name and address of the con-
sumer, the date of the sale to the consumer, the name of the watch or its
maker, and the serial numbers (if any) or if none, any other distinguishing
numbers or identification marks on the case and on the movement of the
watch, the aforesaid record to be kept for at least three years from the date
of the sale of the watch and to be open for inspection during all business
hours by the State's Attorney, or his representative, of the. county or
Baltimore City in which such person is engaged in business; or

(2) Any watch whose case or movement serial numbers or other dis-
tinguishing numbers or identification marks have been erased, defaced,
removed, altered or covered.

1937, ch. 387, sec. 234B.

273. Any person, or any agent or employee thereof, who sells a second-
hand watch, shall affix and keep affixed to the same a tag with the words
"second-hand" legibly written or printed thereon in the English language.
For the purposes of this sub-title, "sell" shall be deemed to include offer to
sell or exchange, expose for sale or exchange, possess with intent to sell
or exchange, and sell or exchange.

1937, ch. 387, sec. 234C.

274. Any person, or any agent or employee thereof, who sells a second-
hand watch shall deliver to the vendee a written invoice setting forth the
name and address of the vendor, the name and address of the vendee, the
date of the sale, the name of the watch or its maker, and the serial num-
bers (if any) or other distinguishing numbers or identification marks on
its case and movement. In the event the serial numbers, or other dis-
tinguishing numbers or identification marks have been erased, defaced,
removed, altered or covered, this shall be set forth in the invoice. A dupli-
cate of the aforesaid invoice shall be kept on file by the vendor of such
second-hand watch for at least one year from the date of the sale thereof and