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Ch. 26
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PARRIS N. GLENDENING, Governor
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Throughout this section, the references to "money" are substituted for the
former references to "money, drafts or checks" for brevity and for
consistency with §§ 7-113 and 7-114 of this part.
In subsection (a)(2) of this section, the reference to the delivery of receipts
to "an official of the elevator storage facility" is substituted for the former
reference to "such elevator" for clarity.
In the introductory language of subsection (b) of this section, the reference
to the delivery of the bill of lading "to the purchaser" is added for clarity.
Also in the introductory language of subsection (b) of this section", the
imperative that a person may not "fail" to deliver certain documents to
another person is substituted for the former injunction that a person may
not "neglect or refuse" to deliver the documents, for clarity.
Also in the introductory language of subsection (b) of this section, the
reference to the delivery of documents "to the party who entrusted the
person with money" is added for clarity.
In subsection (b)(1) of this section, the reference to the draft or bill of
exchange and other document "required" for shipment of cargo is added for
clarity.
In subsection (c) of this section, the former reference to punishment "in the
discretion of the court" is deleted as implicit in the establishment of
minimum and maximum penalties.
In subsection (d) of this section, the reference to a violation being "subject
to § 5-106(b) of the Courts Article" is substituted for the former reference
to the violation subjecting the defendant to imprisonment "in the
penitentiary", for clarity and consistency within this article. See General
Revisor's Note to article.
The Criminal Law Article Review Committee notes, for the consideration
of the General Assembly, that in subsection (a) of this section, there
appears to be an inconsistency between subsection (a)(1), which formerly
referred to grain or merchandise in an elevator "in Baltimore City or
elsewhere", and subsection (a)(2), transport of the grain or merchandise
"from Baltimore City" to the purchaser. If the grain is stored in an elevator
that is not in Baltimore City, and is transported to a purchaser who is not
in Baltimore City, without passing through an elevator in Baltimore City,
this section appears not to apply. The inconsistency dates from the original
enactment of the former law. See Ch. 223, Acts of 1890. The General
Assembly may wish to explore whether this section is still needed and, if
so, whether it should apply to grain and merchandise shipped from
elevators outside Baltimore City.
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Defined term: "Person" § 1-101
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- 547 -
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