The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1892-05-20

AN ACT TO PREVENT AND PUNISH FRAUD
In the sale of goods, wares and merchandise at
public or private sale by itinerant vendors, and
SECTION /. Be it enacted by the General Assem-
DORIS" for the purpose of this act shall be con
strued to mean and include all persons. both prin-
transient business in this State either In one or
more places in one locality, or in travelling from
| disc and who. for the purpose of carrying on such
business, hire, lease or occupy any building or
structure for the exhibition and sale Of such goods
wares and merchandise.
SEC. q Be it enacted, That the provisions of this
Commercial travellers or selling agents in the usual
course OF business nor to bona-ade sales OF goods
ery or to hawkers on the streets or peddlers from
SEC. 5. Be it enacted. That every itinerant ven
dor who shall sell or expose for sale, at public or
Without state AND local licenses therefor issued as
hereinafter provided, shall be guilty of a INSIDE
| ing one hundred dollars, or by Imprisonment not
exceeding sixty days, or by both such fine and i'm
SEC. 4. Be it enacted. That all persons, both
principals aud agents, who SHALL by circular, hand
any such sales as those referred to in the section
last preceding, before proper licenses shall be
meanor, and shall be punished BY fne not exceed
| ing one hundred dollars, or Imprisonment not ex-
ceeding sixty days, or by botn such line and i'm
SEC g. Be it enacted, That 1t shall be the duty of
every itinerant vendor, whether principal agent,
before commencing business, TO take out a state
license and local Licenses in the manner hereinafter
set FORTH but nothing herein contained shall affect
the rights of any municipal corporation or board
! or orders relative to itinerant vendors as may be
| permissible under the general law under their
SEC g. Be it enacted. That every itinerant ven
dor desiring to do business in this state shall de-
In the City of Baltimore, or the clerks of the Cir
cult Courts in the counties the sum of i've hundred
dollars as special deposit, upon application in
| DrODer form. and the DaVment of further of
one hundred dollars as state license fee the said
authorizing him to do business in this state in con
formity with the provisions of this act for the term
part of said sum for any fractional part of year not
less than one month, and all licenses SO issued shall
ceeding the date of their ISSUES Every license
shall set forth copy Of the application upon which
IL is granted. Such license shall not be transfera
BILE, nor give authority for more than person to
sell goods as an itineran vendor either by agent or
person. but any licensee may have the assistance Of
one or more persons in conducting his business:
not TO act for or without him -
SECT. Be; it enacted, That all applications for
licenses shall be sworn to- shall disclose the names
and residences of the owners or parties in whose
interest said business is conducted, and shall be
kept file by the clerk of the court; and record
shall be kept by him of all licenses issued upon such
applications All fines and records, both of the
clerk of the court and of the respective clerks to
the county commissioners, or the clerk or officer
designated to collect license fees by any. incor-
Venient form and open for pubic inspection
SEC 8. Be it enacted, That before selling under
said state license every itinerant vendor shall
hibit the same to the clerk to the county commits
sioners or to the clerk or officer designated to col
ect license fees by any Incorporated town or city
in this state where he proposes to make sales. And
upon payment to said clerk or officer Of further
local license fee, TO be ascertained in the
provided in the following section, and the proof of
payment of all such other license fees if any, as
are legally chargeable upon local sales, the clerk
or officer shall endorse upon IL the words local
tnre toTetber with the date Of such endorsemesnts
Any failure to obtain local license, If any, and
Tor proper endorsements nlade on tne SAID incense,
shall be subjected to the same penalty though
| state license had been issued.
SEC. 8. Be 1t enacted, That any itinerant vendor
| before making any sales of such goods, wares and
merchandise shall furnish to the clerk or officers
goods, wares and merchandise are kept or to be
kept or exposed for sale or sold by him or them
of the stock of goods, wares and merehandise so
kept and exposed for sale. The person furnishing
such statement shall make oath that the same Is
true and said oath may be administered by said
clerk or any officer qualified to administer oaths
amount TO be paid for the local license. by con-
pntation based upon the average valuation of such
exposed for sale, in the ratio and of the rate per
thousand dollars of valuation of the last proceed
receipt of the amount so fixed and ascertained
shall issue to the person filing furnishing such
statement local license authorizing the sale of
such goods, wares and merchandise within the linn
its of such county or city, which license shall be
under shall continuously keep and expose for sale
in such city or county such stock OF goods, wares
any event terminate ann expire on the first day Of
May next following its date, If the statement re-
quired by this section is not filed aforesaid, the
clerk or officer designated in Section of this
act of the city or county in which such goods are
SO kept or exposed for sale. where such timer
ant vendor desires to sell such goods, wares and
for such license, which sum shall be binding upon
SEC. 10. Be it enacted. That whoever neelects
refuses to file the statement required by Section
of this act, or whoever makes false and fraudu
lent representation therein, shall be punished by
fine of not less than twenty dollars
one hundred dollars for each and every day that
| such goods, wares and merchandise are kept or ex
posed for sale.
SEC. IL. Be 1T enacted. That whenever person
Ger or clerk whose duty it is to collect said license
fees Of the city or county in which he is located;
for in this act the said clerk or officer may in his
own name, but for the and benefit of such city
or county maintain action therefor in like man
ner for his debt. Police magistrates in Bal
timore City and justices of the peace in the coun-
Circuit Courts in the counties and the Criminal
Court in Baltimore City of such actions and of
complaints under section OF this act.
SEC. IL. And be 1t enacted, That itinerant
vendor shall advertise. represent hold forth any
sale as an insurance, bankrupt nsolvent, assignee,
trustee testator, executor, administrator, receiver
wholesale or manufacturers or closing out sale, or
as sale OF any goods damaged by smoke, fire or
water or otherwise, or in any sinilar form, unless
he shall before doing state under oath, either in
the original application for state license, in
supplementary application subsequently filed, and
copy on the license all the facts relating to the
tised or represented, including statement of the
and merchandise were obtained, the date of the de,
livery to the person applying for the license, and
the place from which said goods, wares and ner-
chandse were last TAKEN and all details necessary
TO exactly locate and fully identify all goods,
wares and merchandise TO be SO sold.
SEC IL. Be 1t enacted, That any false statement
in an application either original or supplementary,
for license, and any failure the part of any IL
censee to comply with all the Requirements of the
last preceding section shall subject said itinerant
vendor to the same penalty as If he had license
SEC ID Be 1t enacted, That all state licenses is
sued under this act shall expire the first day of
May next succeeding the date of their ISSUE and |
be, If so desired, surrendered time prior
thereto for cancellation.
SEC. 10. Be it enacted, That upon the expiration |
and return or surrender of each state license the
respective clerks of the courts aforesaid shall
Gel the same endorse the date of delivery and
collation. thereon, and place the on file. He
hereinbefore mentioned for the period of sixty
days, and after satisfying any and all claims made
upon the same under the section next following |
shall return said deposit, or such portion of the
same, il any, as may remain in his hands, to the
Hcensee deDOsiting it.
SEC. l6. Be it enacted, That each deposit made |
with the respective clerks of the courts aforesaid
shall be subject long as it remains in his hands,
to attachment and execution in the behalf of cred
itors whose claims arise in connection with husi-
done in the state and the respective clerks of
nfshee in ny<ciyil action in. contract tort |
brought against any hcensee, and he shall pay
under order of court or upon execution, such sum
of money as he may be chargeable with upon his |
counsel fees and costs Said deposit shall also be
subject to the payment of any and all fines and pen
alties incurred by the licensee through violations
of this act and the clerk of the court in which.
imposed shall thereupon notify the respective
clerks of the courts aforesaid of the name of the
licensee against whom such fine penalty is adj
judged and the amount of such fine penalty, and
the clerk of the If hands aufii-