Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1937-10-07
PUBLIC GENERAL LAWS

whichever is lower, Of the article, prod
uct or commodity to the distributor and
vendor plus the cost of doing business
by said distributor and vendor
=, (D) For the purpose of this section,
the phrase cost of doing business or
overhead expense" is defined as ~ go
OF the cost of production or the invoice
or replacement cost, whichever is lower,
as the case may be, or (2) all costs of
doing business incurred in the conduct
OF such business and must include with
out limitation the following items Of
expense: labor (including salaries of
executives and officers), rent, interest
on borrowed capital, depreciation, SELL
ing cost, maintenance Of equipment, de-
livery costs, credit losses, all types of
licenses, taxes, insurance and advertis-
ing.
118. In establishing the cost Of a
given article, product or commodity to
the distributor and vendor, the invoice
cost of said article, product or commod-
ity purchased at forced, bankrupt,
close out sale, or other sale outside OF
the ordinary channels of trade may not
be used as basis for justifying a price
lower than one based upon the replace
ment cost as Of date of such sale of said
article, product or commodity replaced
through the ordinary channels of trade,
unless said article, product or cOmmod-
ity is kept separate from goods pur-
chased in the ordinary channels Of trade
modify is advertised and sold as mer-
chandise purchased at forced, bank
rupt, close out sale, or by means other
than through the ordinary channels OF
trade, and said advertising shall state
the conditions under which said goods
were SO purchased, and the quantity Of
such merchandise to be sold or offered
for sale.
III. The provisions Of Sections 115
and 116 shall not apply to any sale
made:
(a) In closing out in good faith the
owners stock or any part thereof for
the purpose Of disseminating his trade
In any such stock or commodity, and in
case Of the sale of seasonal goods or to
the bona fide sale of perishable goods
to prevent loss to the vendor by spoil
age or depreciation, provided prior no.
tice is given to the public thereof;
(b) When the goods are damaged or
deteriorated in quality and prior notice
Is given to the public thereof;
(c) By an officer acting under the or
ders Of any court,
(d) In an endeaxor made in good
faith to meet the legal prices of a COM
petitor selling the same article or prod
uct in the same locality or trade area.
11S. Any person, firm or corporation,
either as principal, agent, officer or d.
rector, for himself, or itself, or for an
other person, or for any firm or corpo-
ration, who or which shall violate any
of the provisions of this Act, is guilty
Of a misdemeanor for each single viola.
ton, and upon conviction thereof shall
be punished by fine of not more than
One Thousand dollars ($1O00.00) or by
imprisonment not exceeding six months,
or by both fine and Imprisonment In the
discretion Of the Court.
110. Any person injured by any vto-
lation Of Sections IFS and 110, may
maintain an action, in any Court OF
general equitable Jurisdiction of this
State. to prevent, restrain or enJoln
such violation. If in such action vio-
lation of said Sections 115 and 116, shall
be established, the Court shall enjoin
and restrain, or otherwise prohibit such
violation.
100. In addition to the remedies pro-
vided for in Sections 11S and 119, ac-
>tiOns for injuries may be instituted by
the Attorney General of the State Of
Maryland, after a conviction in the
Criminal Court of Baltimore City or in
any Of the Circuit Courts Of the Coun-
ties against any person or persons so
convicted of violation Of the terms
Of Sections 115 and 116, and to prevent
a recurrence of such violation; the said
action to be commenced by the Attorney
General whenever, in his judgment, the
the Intervention by the State OF Mary
land in a situation so grave that If con-
tinued, would be detrimental and preju-
dicial to the general welfare Of the peo-
pie of the State.
121. If any provision of Sections 115
to 120, or the application thereof to
any person or circumstance, is held In
valid, the remainder of said sections,
and the application of such provisions
to other persons or circumstances, shall
not be affected thereby.
Sec. 2. And be it further enacted,
That all Acts or parts of Acts incon-
sistent herewith are hereby repealed to
the extent of such inconsistency.
Sec. 8. And be it further enacted,
That this Act shall take effect June 1,
1887.
Approved: April Is, 1887.