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Ch. 26
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2002 LAWS OF MARYLAND
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in light of Art. 1, § 8, which provides that the singular generally includes
the plural.
In subsection (d) of this section, the former reference to conviction "thereof
in any court of this State having criminal jurisdiction" is deleted as
surplusage.
Also in subsection (d) of this section, the former reference to imprisonment
"in the jail of the county or city in which such conviction is had" is deleted
for consistency within this article. Currently, inmates are sentenced to the
custody of a unit such as the Division of Correction and then are placed in
a particular facility. See CS 9-103.
Also in subsection (d) of this section, the former reference to the court's
"discretion" to determine the penalty is deleted as implicit in the
establishment of maximum penalties.
Defined term: "Person" § 1-101
8-406. MISUSE OF DOCUMENTS OF TITLE.
(A) PROHIBITED.
A PERSON, ON THE PERSON'S OWN BEHALF OR ON BEHALF OF ANOTHER, WHO
RECEIVES, ACCEPTS, OR TAKES IN TRUST FROM ANOTHER A WAREHOUSE OR
ELEVATOR RECEIPT, BILL OF LADING, OR DOCUMENT GIVING, OR PURPORTING TO
GIVE, TITLE TO, OR THE RIGHT TO POSSESSION OF, GOODS, WARES, MERCHANDISE,
OR OTHER PERSONAL PROPERTY, SUBJECT TO A WRITTEN CONTRACT EXPRESSING
THE TERMS AND CONDITIONS OF THE TRUST, MAY NOT FAIL TO FULFILL IN GOOD
FAITH THE TERMS AND CONDITIONS OF THE TRUST.
(B) PENALTY.
A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO IMPRISONMENT NOT LESS THAN 1 YEAR AND NOT
EXCEEDING 10 YEARS OR A FINE NOT LESS THAN $500 AND NOT EXCEEDING $5,000 OR
BOTH.
(C) STATUTE OF LIMITATIONS AND IN BANC REVIEW.
A PERSON WHO VIOLATES THIS SECTION IS SUBJECT TO § 5-106(B) OF THE
COURTS ARTICLE.
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 163.
In subsection (a) of this section, the former references to a "firm,
copartnership or corporation" are deleted as included in the defined term
"person". See § 1-101 of this article.
Also in subsection (a) of this section, the former reference to acting "under
... contract" is deleted as implicit in the reference to acting "subject to a ...
contract".
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- 610 -
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