Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1892-05-06


Spc o. Be it enacted, That any Itinerant
Vendor before making any sales of such goods,
- and merchandise, shall furnish 10 the
s,a.i- or officers designated in Section s. of
.i';s ct where any goods wares and mer-
chand;ss are kept or TO be kept or exposed for
sale or sold by him or them, true statement
of the average quantity ana value OF the stock
exnosed for sale. Thepe furnishing such
statement shall make oath that the same is
,rue and said oath may be administered by
said clerk or any officer qualified TO ad-
minister oaths. Such clerk or ofiicer shall
thcreupon ascertain the amount to be paid for
the local license, bya computation based upon
the average valuation Of such STOCK OF goods,
wares and merchandise so kept or exposed for
sale, in the ratio and Of the rate per thousand
dollars of valuation Of the last preceding tax
levy made in such city or county, and upon
receipt Of the amount 80 fixed and ascertained
shall issue to the person fling or furnishing
such statement local license authorizing the
sale OF such goods, wares and merchandise
within the limits OF snch coupty.or city,
" hich license shall be and continue in force
so long as the licensee hereunder shall con-
tinuously keep and expose for sale in such
city or county such stock OF goods wares and
merchandise, except that such license shall
inany event terminate and expire on the hrft
day Of May next followf1T liz date. If the
statement required BY this Section is not filed
as Aforesaid the clerk or officer designated in
Section Of this Act, of the city or county IN
which such goods are 40 kept or exposed for
sale or where such Itinerant Vendor desires
10 sell such goods wares and merchandise.
shall thereupon fix the sum 10 be paid for such
license, which sum shall be binding upon the
parties
SEC. 10. Re IL enacted. That whoever
ncplects or refuses TO file the statement re-
- - - l.s~ AT
makes false and fraudulent representation
therein. shall he punished by fine OF not less
than twenty dollars. nor more than one hum
dred dollars, for each and every day that such
goods, wares and merchandise are kept or ex-
posed for sale.
SEC. II. Be it enac'ei that whenever
person liable therefor. and after demand made
by the officer or clerk whose duty it is to
collect said license fees Of the city or county
in which he is located. refuses or neelecis to
pay the license fee provided for in this Act,
the said clerk or officer may, in his own name,
but for the use and benefit Of such city OF
county. maintain an action therefor in like
manner as for his own debt. Police Ma2is-
trates in Baltimore CITY, and Justices OF the
Peace In the counties. shall have concurrent
Jurisdiction with the Circnit Courts in the
counties, and the Criminal Court in Baltimore
city Of such actions and Of complaints under
Section of this Act.
SBe. u. Be it enacted. That no Itinerant
Vendor shall advertise. represent or hold
forth any sale rs an insurance. bankrupt. in
solvent assignee. trustee, teststor. executor,
administrator. receiver. wholesale or manu-.
fscurers. or closing out sale or as n sale of any
/ goods damaged by smoke. IRE, water or other
wise, or in any similar form. unless he shall
before so doing state under oath. either in the
original application for state license or in
supplementary application subsequently filed.
stnl frar. all h. nnl~ 1.as..
to the reasons and character Of such special
sale so advertised or represented, including
statement of the names of the persons from
whom the goods wares and merchandise were
obtained. the date Of the delivery to the
person applying for the license, and the place
from which said goods, wares and merchan
disc were last taken, and all details necessary
to exactly locate and fully identify al
goods. wares and merchandise 10 be so sold.
SIC. Is. Be il enacted, That any false
statement in an application. either original OF
supplementary. for license. aud any failure
on the part of any licensee to comply with al
the requirements. of the last preceding Section
shall subject said 1tinerant Vendor to ths
came peRaity as il he had no license.
SEC. u. BE it enacied. That all State
licenses issued under this Act shall expire on
the irst day OF May notwithstanding thedate Of
their issue, and may be, II 90 desired. sur
rendered at any time prior thereto for can
collation..
sEc. Is. Be 1t enacted, That upon the
expiration and return or surrender Of each
state license the respective clerks Of the
courts aforesaid shall cancel the same. en-
dorse the date OF delivery and cancellation
thereon, and place the same on file He shall
then hold the special deposit of such licenses
hereinbeforc mentioned ior the period Of sixty
days, and afier satisfying any and all claims
made upon the same under the Section next
inc hal l. as.nk
portion of the same IL any, AZ may remain in
his hands, TO the licensee depositing ii.
SIC. is. Be IL enacted, That each deposit
made with the respective clerks Of the Courts
Aforesaid shall be subject, SO long as il re-
mains in bis hands. TO attachment and execu-
tion in the behalf or creditors whose claims
arise in connection with business done in the
State, and the respective clerks Of the courts
aforesaid may be held TO answer as garnishee.
in any civil action in contract or tort brought
against any licensee, and he shall pay over
unoer order OF court. or upon execution, sucn
sum Of money ss he may be charReable with
upon his answer or otherwise AFTER deducling
reasonable couEs, fees and costs. Said de-
posit shall also be subject to the payment Of
any and al fines and penalties incurred by
the c.nsee through violations Of this Act,
and the Jerk Of the court in which. or the
trial Justice by whom, such fine or penalty 10
imposed shall thereupon notify the respective
clerks OF the courts aforesaid Of the name OF
the licensee against whom such fne or
penalty is adjudged and the amount Of such
hne or penalty and the clerk Of the court, u
he has IN his hands a sufficient sum deposited
by such licensee. shall pay the sum 80 speci-
ned TO said clerk or trial justice. and II the
clerk shall not have sufficient sum so de-
posted he shall make payment as aforesaid OF
SO much as he has in his hands. All claims
upon the deposit shall be satisfied after judg-
menf, fine or penalty 10 the order in which
notice OF the claim 10 received by the respec-
tive clerks OF the courts aforesaid until all
such claims are satisfied or the deposit ex-
hausted but no notices fled after the expira-
ton OF the sixty days limit aforesaid shall be
valid. No deposits shall be paid over by the
respective clerks Of the courts aforesaid TO
licensees so long ~ there ARE any outstanding
claims or notices Of claims against them, re-
spectively, unless he il satisfied that such
claims will not be prosecuted 10 final judg-
ment or that no line or penalty will be
imposed
sRc. H. Be II enacted. That II shall be the
duty Of the respective sheriffs, constables.
police or prosecuting officers IN each county
and city in this State, 10 zee that the pro-
visions Of this Act are complied with and 70
prosecute for violations OF the same. Allsuch
ofhcers shall have power 10 demand the pro-
duction Of the proper State and local licenses
from any Itinerant Vendor advertising or
actually engaged in business and any failure
to produce such licenses shall be prima facie
evidence against such Vendor that he has