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the resale of any commodity covered thereby without reference
to such contract in the following cases:

(A) In closing out the owner's stock for the bona fide pur-
pose of discontinuing dealing in any such commodity and
plain notice of the fact is given to the public; provided the
owner of such stock shall give to the producer or distributor
of such commodity prompt and reasonable notice in writing
of his intention to close out said stock, and an opportunity to
purchase such stock at the original invoice price;

(B) When the goods are altered, second-hand, damaged, de-
faced or deteriorated and plain notice of the fact is given to
the public in the advertisement and sale thereof, such notice
to be conspicuously displayed in all advertisements and to be
affixed to the commodity;

(C) By any officer acting under an order of court.

110. Wilfully and knowingly advertising, offering for sale
or selling any commodity at less than the price stipulated in
any contract entered into pursuant to the provisions of this
Act, whether the person so advertising, offering for sale or
selling is or is not a party to such contract, is unfair competi-
tion and is actionable at the suit of any person damaged
thereby.

111. This Act shall not apply to any contract or agreement
between or among producers or distributors or, except as pro-
vided in subdivision (C) of Section 106 of this Act between
or among wholesalers, or between or among retailers, as to
sale or resale prices.

112. If any provision of this Act, or the application thereof
to any person or circumstance, is held invalid, the remainder
of the Act, and the application of such provisions to other
persons or circumstances, shall not be affected thereby.

113. All Acts or parts of Acts inconsistent herewith are
hereby repealed to the extent of such inconsistency.

114. This Act may be known and cited as the "Fair Trade-
Act".

SEC. 3. And be it further enacted, That this Act is hereby
declared to be an emergency law and necessary for the im-
mediate preservation of the public health and safety, and
having been passed upon a yea and nay vote, supported by
three-fifths of all the members elected to each of the two Houses
of the General Assembly, the same shall take effect from the
date of its passage.

Approved April 15, 1937.