The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1892-05-13
CHAPTER 500.

AN ACT TO PREVENT AND PUNISH FRAUD
public or private sale by itinerant vendors, and
SECTION l. Be it enacted by the General Assem-
bly, of Maryland, That the words "Itinerant Ven
dors,' for the purpose of this act, shall be con-
strued to mean and include all persons both prin-
cipals and agents, who engage i'll temporary or
transient business in this state, either in one or
more PLACES in one locality or In tray raw fbom
disc and who, for the purpose of carrying on such
structgge for the eshbtio@ and sale Of such GOODS
wares and merchandise.
SEC. 2. Be it enacted That the provisions Of this
act shall not apply to sales made to dealers by
commercial travellers or selling agents in the usual
wares and merchandise by sample for future deliv
cry or to hawkers on the streets or peddlers from
SEC. 8. 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 misde
ne on doa or by not
exceeding sixty Gays, or by both such fine and i'm
SEC. 4. Be it enacted. That all persons. both
principals and agents. who SHALL by Circular, hand
bill. newspaper or in any other manner, advertise
any such sales those referred to in the section
last preceding before proper licenses shall be
ISSUED TO tne s yenq66e snail De guilty OF
ing one hundred dollars or Imprisonment not ex-
ceeding sixty days, or by both such fine and i'm
SEC s. Be it enacted, That it shall be the duty of
every itinerant whetner prl1elpai or agent
license and local licenses in the manner hereinafter
set FORTH but nothing herein contained shall affect
the rights of any municipal corporation or board
of county commissioners TO pass such ordinances
or orders relative to itinerant vendors as may be
permissible under the general law or under their
respective charters or powers.
SEC. 6: Be it enacted, That every itinerant ven
dor desiring to do business in this state shall de-
posit with the clerk of the Court of Common Pleas
in the City Of Baltimore, or the clerks of the Cir
cult Courts in the counties the of five hundred
dollars as special deposit, upon application in
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clerk shall issue TO him itnerant vendors license
authorizing him to do business in this state in con
formity with the provisions of this act for the term
of year from the date thereof. or proportional
part Of said sum for any part Of year not
be made to expire on the first day of May next sue
seeding the date OF their t Issues Every eea s
it is granted. Such license shall not be transfers.
BILE, nor give authority for more than one person to
sell goods itinerant vendor, either by agent
clerk, or in any other way than in his own proper
person. but any 1censee may have the assistance of
more persons in conducting his business,
who shall have authority TO aid that principal, but
not to act for or without him.
SEC. z. 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
kept file by the clerk Of the court; and record
shall be Kept by him Of all licenses issued upon such
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-
porated town city in this state, shall be in
SEC g. Be it enacted, That before selling under
said state license every itinerant vendor shall ex-
sioners to the clerk officer designated to col
ect license fees by any Incorporated town or city
upon payment to said CLERK or officer Of a further
local license fee, TO be ascertained in the manner
payment of all such other license fees, if any,
are legally chargeable upon local sales the clerk
license fees paid" and shall afix his official sigma
ture, together with the date of such endorsements.
ANY failure to obtain local license, if any, and
for endorsements made the said license,
shall be subjected to the same penalty as though no
state license had been issued
SEC. 8. Be it enacted That any itinerant vendor
before making any sales of such goods, wares and
merchandise shall furnish to the clerk or officers
designated in Section of this act where any
goods, wares and merchandise are kept or to be
true statement of the average quantity and value
of the stock OF goods, wares and merchandise 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
Such clerk or officer shall thereupon ascertain the
amount to be paid for the local license, by conf
putation 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 proceed
ing tax levy made in such city or county, and upon
receipt of the amount so fixed and ascertained
shall issue to the person filing or furnishing such
statement a local license authorizing the Sale of
such goods, wares and merchandise within the linn
It's Of such county or city, which license shall be
under shall continuously keep and expose for sale
IN c 81 sc I'll Tare
any event terminate and expire the first day of
May ne,t following its date; If the statement re-
clerk or officer designated in Section of this
act, of the city or county in which such goods
so kept or exposed for sale. or where such timer
ant vendor desires to sell such goods, wares and
merchandise. shall thereupon TX the sum to be paid
for such license, which sum shall be binding upon
SEC 10 Be it enacted, That whoever neglects
refuses to file the statement required by Section
of this act, or whoever makes false and fraudu-
lent representation therein, shall be punished by a
toll
one hundred dollars for each and every day that
such goods, wares and merchandise are kept or
SEC II Be it enacted. That whenever person
liable therefor, and after demand made by the Off
fees of the city or county in which he is located,
refuses negiects to pay the license fee provided
own name but for the use and benefit of such city
or county, maintain an action therefor in like man
timore City and justices of the peace in the coun
ties shall have concurrent Jurisdiction with the
Court in Baltimore City of such actions and of
complaints under SECTION OF this act
vendor shall advertise. represent or hold forth any
sale as an insurance, bankrupt insolvent, assignee
trustee, testator executor administrator, receiver
wholesale or manufacturers or closing out sale, or
as a sale of any goods damaged by smoke. ,tire or
water otherwise, or in any similar form, unless
he shall before SO doing state under oath, either in
Of ana
copy on the license all the facts RELAXING to the
seS nr ann Dcndn so f he
names of the persons from whom the goods, wares
and merchandise were obtained the cate of the de-
livery to tine person applying for the license, and
the place from which said goods, wares and mer
chandise last TAKEN and all details necessary
to exactly locate and fully identify all goods
wares and merchandise to be SO sold.
SEC ID Be It enacted, That any false statement
for license and any failure on the part of any IL
censee to comply with all the requirements of the
last preceding section shall subject said itnerant
vendor to the same penalty as If he had no license
SEC. ID Be II enacted, That all state licenses is
sued under this act shall expire on the first day of
May next succeeding the date of their issue, and
may be- if desired. surrendered at any time prior
thereto for cancellation.
SEC. H. 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 can
cellation thereon, and place the same on file. He
shall then hold the special deposit of such licenses
hereinbefore mentioned for the period of sixty
upon the same under the section next following
shall return said deposit, or such portion of the
same. if any, as may remain in his hands. to the
licensee depositing it.
SEC. l6. Be it enacted, That each deposit made
with the respective clerks of the courts aforesaid
shall be subject, so long as it remains in his hands
itors whose claims arise in connection with bust
CESS done in the state and the respective clerks of
the courts aforesaid may be held to answer as gar
nishee in any civil action in contract or tort
brought against any icensee and he shall pay over
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 Hcensee through violations
of this act and the clerk OF the court in which, or
imposed shall thereupon notify the respective
clerks of the courts aforesaid of the name of the
licensee against whom such fine or penalty is ad
Judged and the amount of such fine or penalty and
II f1-