3174 ARTICLE 83

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. 97 and to art. 66, sec. 32.

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

100. 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. 97.

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

101. Any vendor of a stock of goods, wares or merchandise under the
provisions of Section 97 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 year,
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.

Fair Trade Act.¹

1935, ch. 212, sec. 105. 1937, ch. 239, sec. 105.

102. The following terms, as used in Sections 102-110, are hereby de-
fined as follows:

(A) " Commodity " means any subject of commerce.

(B) "Producer" means any grower, baker, maker, manufacturer,
bottler, packer, converter, processor or publisher.

(C) "Wholesaler" means any person selling a commodity other than
a producer or retailer.

(D) " Retailer " means any person selling a commodity to consumers
for use.

(E) " Person " means an individual, a corporation, a partnership, an
association, a joint-stock company, a business trust or any unincorporated
organization.

Secs. 102-110 held valid. Goldsmith v. Mead Johnson & Co., Daily Record, July 1,
1939.

Secs. 102-110 held to apply to the resale of copyrighted books. Remington Putnam
Co. v. Schill et al. (Judge Ulman, Circuit Court No. 2 of Baltimore City), Daily Record,
Apr. 4, 1940.

¹ Ch. 211, Acts of 1937, as amended by Ch. 248, Acts of 1939, which prohibits the sale of
articles below cost, with certain exceptions, and relating to so-called unfair trade prac-
tices, held to be unconstitutional in Loughran Co. v. Lord Balto. Candy & Tobacco Co.,
Daily Record, Apr. 9, 1940.