1534 LAWS OF MARYLAND. [CH. 330

(e) The terms "Sell at Retail", "Sales at Retail", and "Retail
Sales", shall mean and include any transfer, for a valuable
consideration made in the ordinary course of trade or in the
usual prosecution of the seller's business, of title to tangible
personal property to the purchaser for consumption or use
other than resale or further processing or manufacturing. The
. above terms shall include any transfer of such property where
title is retained by the seller as security for the payment of
the purchase price.

(f) The terms "Sell at Wholesale", "Sales at Wholesale",
and "Wholesale Sales", shall mean and include any transfer
for a valuable consideration made in the ordinary course of
trade or the usual conduct of the seller's business, of title to
tangible personal property to the purchaser for purposes of
resale or further processing or manufacturing. The above
terms shall include any transfer of such property where title
is retained by the seller as security for the payment of the
purchase price.

(g) The term "Retailer" shall mean and include each and
<every person, partnership, corporation or association engaged
in the business of making sales at retail within this State;
providing that in the case of a person, partnership, corpora-
tion or association engaged in the business of making both
sales at retail and sales at wholesale, such term shall be
. applied only to the retail portion of such business.

(h) The term "Wholesaler" shall mean and include each and
«every person, partnership, corporation or association engaged
in the business of making sales at wholesale within this State;
providing that in the case of a person, partnership, corpora-
tion or association engaged in the business of making both
sales at wholesale and sales at retail, such term shall be
. applied only to the wholesale portion of such business.

(i) Any person, partnership, corporation or association who
is engaged in the business of making sales at retail within this
State, and who buys direct from the manufacturer or its
. agent, broker, or representative, or at wholesale, and receives
any wholesaler's prices and discounts on merchandise to be
sold at retail, must add to the invoice cost or the replacement
cost of such merchandise, both the wholesale mark-up of one
percent (1%) and the retail mark-up of five percent (5%) in
order to cover a proportionate part of the cost of doing busi-
ness, in the absence of proof of a lower cost by such retailer.

113. No retailer shall, with intent to injure a competitor or
competitors, or destroy any competition, advertise, offer to
sell, or sell at retail any item of merchandise at less than cost
to the retailer as defined in this Act, and no wholesaler shall,
with such intent, advertise, offer to sell, or sell at wholesale