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Session Laws, 1929
Volume 572, Page 1371   View pdf image (33K)
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ALBERT C. RITCHIE, GOVERNOR, 1371

Maryland, Edition of 1924, edited by George P. Bagby, be and
the same is hereby repealed and re-enacted to read as follows:

Section 101. Whenever any person shall bargain for or pur-
chase, or sell as an agent, bargain for or purchase for another,
any stock of goods, wares or merchandise of any kind, or fixtures,
or of goods, wares or merchandise of any kind and fixtures, in
bulk, for cash or on credit, and shall pay any part of the pur-
chase price to such vendor, or execute or deliver to the vendor
therefor or to his order, or to any person for his use, any promis-
sory note or other evidence of indebtedness for said purchase
price or any part thereof (except the payment of a sum not to ex-
ceed ten (10) per cent of the purchase price, as a deposit, as here-
inafter provided), without first having demanded and received
from said vendor or from his agent the statement provided for
in Section 100 hereof and verified as herein provided, and with-
out paying or seeing to it that the purchase money of said prop-
erty is applied to the payment of the bona fide claims of the
creditors of the vendor, pro rata, according to the priority of
their several claims, as shown upon such verified statement, and
without first having sent the notices of said sale and said state-
ment of creditors, as provided for in said Section 100, then
such sale or transfer shall be fraudulent and void as to sub-
sisting creditors, and such purchaser or agent shall, at the suit
of any creditor, be held liable to the said subsisting creditors
of the said vendor as a trustee for the fair value of all the prop-
erty so bought or sold by him; and, in addition, any property
transferred in violation of the provisions of Section 100 to Sec-
tion 104 hereof, both included, shall be subject to attachment
in an action brought by any creditor of the vendor. Provided,
however, that if the vendor and/or any creditor of said vendor
whether listed on, the statement aforesaid or not shall object
to the schedule of distribution of the proceeds of said sale
by paper writing delivered to the purchaser prior to the
time set for said sale, then the said purchaser or agent,
may within ten days after the consummation of said sale,
file a petition in the Circuit Court for the county in which the
place of business of the vendor is situated (or in the Circuit
Court or Circuit No. 2 of Baltimore City, in case the place
of business of the vendor is situated in Baltimore City) asking
that a receiver or receivers be appointed by said Court to take
charge of the distribution of the agreed purchase price; and if
said receivership is granted then said receiver or receivers, upon
qualification by filing an approved bond in the amount fixed by
the Count, shall be entitled to the custody and distribution of
the agreed purchase price under orders of the Court as in other
receiverships. And said purchaser with whom such written
objection is filed within the period aforesaid, or prior to the
paying of the agreed purchase price, shall not pay over said


 

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Session Laws, 1929
Volume 572, Page 1371   View pdf image (33K)
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