HERBERT R. O'CONOR, GOVERNOR. 535

any item of merchandise at less than cost to the wholesaler, as
defined in this Act. Evidence of any advertisement, offer to
sell or sale of any item of merchandise by any retailer or
wholesaler at less than cost to him, shall be prima facie evi-
dence of intent to injure a competitor or competitors, or
destroy competition. Upon complaint of any person claiming
to be injured, the Circuit Court of any county and the Circuit
Courts of Baltimore City shall have jurisdiction to enjoin any
such retailer or wholesaler from the commission of any act
prohibited by the provisions of this Act.

114. The provisions of this Act shall not apply to adver-
tisement or offers to sell, or sales at retail or sales at whole-
sale:

(a) Where merchandise is sold in bona fide clearance sales,
if advertised, marked, and sold as such.

(b) Where merchandise must be sold promptly in order to
forestall loss.

(c) Where merchandise is imperfect or damaged, or is. being
discontinued, and is advertised, marked and sold as such.

(d) Where merchandise is sold upon the final liquidation
of any business.

(e) Where merchandise is sold for charitable purposes or
to relief agencies.

(f) Where merchandise is sold on contract to departments
of the government or governmental institutions.

(g) Where the merchandise is sold by any officer acting
under the order or direction of any court.

(h) Where the price of merchandise is made in good faith
to meet competition.

115. If any section, sentence, clause, or provision of this
Act shall for any reason be held invalid or unconstitutional,
the validity of the remaining parts hereof shall not be affected
thereby.

SEC. 2. And be it further enacted, That Chapter 211 of the
Acts of 1937 and Chapter 248 of the Acts of 1939 be and they
are hereby repealed, and that all other laws or parts of laws
inconsistent with the provisions of this Act be and they are
hereby repealed to the extent of such inconsistency.

SEC. 3. And be it further enacted, That this Act shall take
effect June 1st, 1941.

Approved April 28, 1941.