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PARRIS N. GLENDENING, Governor
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Ch. 26
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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, § 127.
In subsection (a) of this section, the former reference to a "codicil" is
deleted as included in the reference to a "will". See ET § 1-101.
In the introductory language of subsection (a) of this section, the reference
to the "maker of a will" is substituted for the former reference to the "party
making it" for clarity. Similarly, in subsection (a)(2) of this section, the
reference to the "maker" is substituted for the former reference to the
"party" for consistency within this subsection.
In subsection (a)(2) of this section, the phrase "after the person learns of
the death of the maker" is substituted for the former phrase "after the
death of the party shall be known to him" for clarity.
In subsection (b) of this section, the reference to being "guilty of a
misdemeanor" is added to state expressly that which only was implied in
the former law by the reference to a "conviction". In this State, any crime
that was not a felony at common law and has not been declared a felony by
statute, is considered to be a misdemeanor. See State v. Canova, 278 Md.
483, 490 (1976), Bowser v. State, 136 Md. 342, 345 (1920), Dutton v. State,
123 Md. 373, 378 (1914), and Williams v. State, 4 Md. App. 342, 347 (1968).
In subsection (c) 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 "to the
penitentiary" for clarity and consistency within this article. See General
Revisor's Note to article.
Defined term: "Person" § 1-101
SUBTITLE 8. MISCELLANEOUS FRAUD.
8-801. LIVESTOCK BREED CERTIFICATE NOT PROVIDED.
(A) PROHIBITED.
A PERSON MAY NOT FAIL TO FURNISH TO THE PURCHASER OF PUREBRED
LIVESTOCK A PAPER OR CERTIFICATE SHOWING THAT THE LIVESTOCK IS PUREBRED
STOCK WITHIN 90 DAYS AFTER THE SALE AND DELIVERY OF THE LIVESTOCK IF:
(1) THE PAPER OR CERTIFICATE IS A CONDITION OF SALE; AND
(2) PAYMENT HAS BEEN MADE FOR THE LIVESTOCK.
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(B) PENALTY.
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- 649 -
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