1104 LAWS OF MARYLAND. [CH. 534

erty so bought by him. And provided further, that no pro-
ceeding at law or equity shall be brought against the pur-

chaser to invalidate any such sale after the expiration of
ninety (90) days from the consummation thereof. Nothing
herein contained shall prevent or hinder the vendor from de-
manding and receiving security from any purchaser or re-
quiring a deposit, not to exceed ten (10) per cent of the pur-
chase price, to insure faithful performance of the contract,
agreeable to the provisions of this Act, prior to furnishing the
list of creditors as hereinbefore set forth.

102. Any sale or transfer of a stock of goods, wares or mer-

chandise 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 Act from his creditors as shown by such verified state-
ment, or provided said verified statement sets forth that the
vendor has no creditors, then the vendee may either immedi-
ately 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.

103. Nothing contained in the aforegoing sections shall ap-
ply to sales made under any order of court, or by executors, ad-
ministrators, 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.

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 know-
ingly 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 wilfully 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 mis-
demeanor, and upon conviction thereof shall be punished by a
fine of not more than one thousand dollars, ($1, 000) or by