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Session Laws, 1951
Volume 603, Page 1775   View pdf image (33K)
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THEODORE R. MCKELDIN, GOVERNOR 1769

or in part, in the business of] lending or advancing or agree-
ing to lend or advance
money on the security of merchandise,
or the proceeds of sale thereof, whether or not they are em-
ployed to sell merchandise. The term "merchandise", wherever
used in this sub-title of this Article, shall mean any personal
property intended for sale, whether or not after further manu-
facturing or processing, and [does not] shall include fixtures
loans and advances made or to be made to or for the account
of
OR OTHER TRADE OR MANUFACTURING EQUIP-
MENT OF ANY BORROWER. The term "borrower", when-
ever used in this sub-title of this Article, shall mean the
owner of merchandise, or his agent, who creates a lien in
favor of a factor.

22. If so provided by any written agreement with the bor-
rower, a factor shall have a continuing general lien upon all
merchandise described in such agreement or memoranda there-
of, or if so provided in said agreement, all merchandise from
time to time designated in separate written statements, dated,
signed and delivered by the borrower to the factor, in which
agreements, memoranda or statements is set forth the property
to be covered by the lien, whether or not such merchandise is
in the constructive, actual or exclusive occupancy or possession
of the factor, and such lien shall secure the factor for all his
loans and advances made or to be made to or for the account of
the borrower, together with interest thereon, and also for the
commissions, obligations, indebtedness, charges and expenses
properly chargeable against or due from said borrower, and for
the amounts due or owing upon any notes or other obligations
given or to be given to or received or to be received by a factor
for or upon account of any such loans or advances, interest.,
commissions, obligations, indebtedness, charges and expenses.

23. Every such written agreement must be under affidavit
by the factor or his agent to the effect that the statements
therein contained are true to the best of his knowledge and be-
lief, and within fifteen (15) days after the execution thereof
said written agreement or a brief memorandum thereof setting
forth the following facts shall be recorded in the Clerk's office
of the Superior Court of Baltimore City, or in the Clerk's
office of the Circuit Courts of the various counties, as the case
may be, where the merchandise subject to the lien, or any sub-
stantial part thereof, is or is intended to be located, kept or
stored:

(a) The true name of the factor; the trade name of the factor
in said business; if the factor be a partnership or an associa-
tion, the names of the partners or members; and, if a corpo-


 

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Session Laws, 1951
Volume 603, Page 1775   View pdf image (33K)
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