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Session Laws, 1959
Volume 642, Page 256   View pdf image (33K)
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256                              Laws of Maryland                       [Ch. 198

so presented as reasonably to tend to incite such child below the age
of eighteen years to violence or depraved or immoral acts against
the person.

(c)    Presumption as to employment. If any person shall be found
violating the provisions of this sub-heading in or about any news-
stand, book store, drugstore, market, or other mercantile establish-
ment and shall be found to be an agent, officer, or employee of some
other person who is actively engaged in the operation of such an es-
tablishment, these facts shall be presumptive evidence that the one
found violating the provisions of this sub-heading was doing so with-
in the scope of his employment and within the course of his em-
ployer's business and with the knowledge of his employer; but it
shall be competent for the defendant in any such case to rebut this
presumption.

(d)   Presumption from Display. If any publication prohibited

         under the terms of sub-sections (a) and (b) of this section shall be

displayed in or about any newsstand, book store, drugstore, market,
or other mercantile establishment where the said prohibited publi-

cation may be seen by any child under the age of eighteen years

visiting such establishment, such display shall be prima facie evi-

dence that the person in charge of such establishment, and his

agents, servants, employees, and clerks, has the said prohibited pub-

lication in his possession with intent to sell, distribute, or offer for

sale or distribution the said prohibited publication to a child under

the age of eighteen years, in violation of this section, but it shall'

be competent for the defendant in any such case to show that no

such intention existed. IT SHALL BE UNLAWFUL AND AN

OFFENSE FOR ANY PERSON OPERATING ANY NEWS-
STAND, BOOK STORE, DRUGSTORE, MARKET, OR OTHER
MERCANTILE ESTABLISHMENT TO EXHIBIT UPON ANY
PUBLIC STREET OR HIGHWAY OR IN ANY OTHER PLACE
WITHIN VIEW OF CHILDREN BELOW THE AGE OF EIGHT-
EEN YEARS PASSING UPON ANY SUCH STREET OR HIGH-
WAY ANY BOOK, PAMPHLET, MAGAZINE OR OTHER
PRINTED PAPER, PROHIBITED AND MADE UNLAWFUL BY
SUB-SECTIONS (A) AND (B) OF THIS SECTION.

(e) Definition of "person." The word "person" as used in this
sub-heading means any individual, firm, partnership, association,
corporation, company, or organization of any kind.

Sec. 2. And be it further enacted, That this Act shall take ef-
fect June 1, 1959.

Approved March 24, 1959.

CHAPTER 198
(Senate Bill 124)

AN ACT to add Section 12A to Article 38A of the Annotated Code
of Maryland (1957 Edition), title "State Department of Public

Explanation: Italics indicate new matter added to existing law.

[Brackets] indicate matter stricken from existing law.
CAPITALS indicate amendments to bill.
Strike out indicates matter stricken out of bill.

 

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Session Laws, 1959
Volume 642, Page 256   View pdf image (33K)
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