The midland journal. (Rising Sun, Md.) 1885-1947, 1939-08-25
PUBLIC GENERAL LAWS

mGItnMHulNf
herein defined, unless said retailer
claims and proves a lower carriage cost,
and go n mark-up to cover In part the
cost OF doing business, which mark-up,
IN the absence Of proof Of lesser cost,
shall be six t6l per cent. Of the total
fbl When used in this Act. the term
.'eost 10 the wholesaler" shall mean the
invoice cost OF the merchandise TO the
wholesaler. or the replacement cost OF
the merchandise to the wholesaler, In
the quantity last purchased, whichever
Is lower: less all trade discounts except
customary discounts for cash; to which
otherwise included in the cost OF the
merchandise. and (2) carriage to the re-
tail outlet II done or paid for by the
wholesaler, which carriage shall be
70 oe bs eest OF TN a.
TO the wholesaler as herein defined, un-
less said wholesaler claims and proves a
lower carriage cost.
(cl Where two or more items are adj
vertised. offered for sale or sold at
combined price, the price OF each item
named shall be governed by the pro-
visions OF paragraphs (a) or (b). re-
spectively. Of this section.
i'd The terms cost to the retailer
and cost TO the wholesaler" as de.
fined In paragraphs (a) and (b) shall
mean bona fide costs; and sales to con-
sumers, retailers and wholesalers at
isting market conditions within this
state shall not be used as basis for
computing costs with respect to sales
by retailers and wholesalers.
at retaiP' and aresSii sale" shall mean
and include any transfer for valuable
consideration, made in the ordinary
course Of trade or In the usual prose
cution OF the sellers business OF title to
tangible personal property to the pur-
chaser for consumption or use other
than resale or further processing or
manufacturing. The above terms shall
include any transfer of such property
where title Is retained by the seller as
security for the payment OF such pur-
chase price.
(f) The terms "seli at wholesale"
"sales at Wholesale and wholesale
sales" shall mean and include any trans
fer for valuable consideration made In
the ordinary course of trade or the
usual prosecution OF the sellers busi-
ness, Of title to tangible personal prop
erty to the purchaser for purposes of
resale or further processing or manu-
featuring. The above terms shall in
clude any such transfer of property
where title Is retained by the seller as
security for the payment of the pur-
chase price.
(g) The term RETAILER" shall mean
and include every person, partnership,
corporation or association engaged In
the business OF making sales at retail
case of person, partnership. corpora
tion or association engaged in the bust
ness of making sales both at retail and
at wholesale, such term shall be applied
only to the retail portion Of such bust
ness.
(h) The term wholesaler" shall mean
and include every person, partnership,
corporation or association engaged In
the business Of making sales at whole
sale within this State; provided that, in
the case of person, partnership, cor
poration or association engaged in the
business Of making sales both at whole
sale and at retail, such term shall be
applied only to the wholesale portion Of
such business.
116. It is hereby declared that ad-
vertisement, offer to sell, or sale OF any
merchandise, either by retailers or
wholesalers, at less than cost as defined
in this Act, or giving, offering to give
or advertising the intent of giving away
of any merchandise, either by retailers
or wholesalers. or the advertising by
retailers or wholesalers of brands or
types Of merchandise they are not pre-
pared to supply, with the intent. effect.
or result of unfairly diverting trade from
or otherwise injuring competitor, or
with the result Of deceiving any pur-
chaser or prospective purchaser, sub
stantially lessening competition, unrea-
sonably restraining trade, or tending
to create monopoly in any line Of COM
merce, is an unfair method Of compe-
contraventiOn of the policy Of this Act
lit. Any retailer who shall, In con-
traventiOn Of the policy of this Act,
advertise, offer to sell or sell at retail
any item of merchandise as less than
cost to the retailer as defined in this
Act; or any wholesaler who shall, In
contravention Of the policy of this Act,
advertise, offer to sell, or sell at retail
any item Of merchandise as less than
cost to the wholesaler as defined In this
Act, or any retailer or wholesaler who
shall, in cOntraventiOn Of the policy of
this Act, give, offer to give or advertise
for the purpose of injuring competitors
and destroying competition, or to adj
vertise brands or types Of merchandise
they are not prepared to supply, shall
be guilty Of a misdemeanOr and upon
conviction thereof shall be punished by
a fine of not more than $4,000. Proof
of any such advertisement, offer to sell
or sale by any retailer or wholesaler In
contravention Of the policy Of this Act
ton Of this Act. Provided, however.
that nothing herein shall preclude any
retailer or wholesaler from offering mer-
chandise Free" in combinations with
cost Of the Free merchandise di shall be
considered as part OF the cost Of the
merchandise sold.
11S: In addition to the penalties pro-
vided in this Act, the courts of this
dictiOn to prevent and restrain viola
lions OF this Act, and 1t shall be the
duty OF the several states attorneys,
in their respective districts, to Institute
proceedings in equity to prevent and
restrain violations. Any person injured
by any violation, or who may be threat
ened with loss or injury by reason OF
violation Of this Act, shall be entitled
to sue for and have injunctive relief In
any court OF competent Jurisdiction, to
prevent, restrain and enjoin such VIOLA
tion or threatened violation II In such
action a violation or threatened viola
tion Of this Act shall be established. the
court shall enjOin and restrain or other
wise prohibit such violation or threat
ened violation.
119. The provisions of this Act. shall
not apply to sales at retail or sales at
wholesale (a) where merchandise has
been purchased at forced, bankrupt,
cl0se-Ou sale, or other sale outside of
the ordinary channels Of trade and Is
kept separate from merchandise pur-
chased In the ordinary channels Of trade.
and advertised, marked and sold as such.
and the advertisement shall state the
quantity Of such merchandise TO be sold
or offered for sale; (b) where merchan-
disc Is sold In bona flde clearance sales.
If advertised, marked. and sold as such
and the advertisement shall state the
quantity of such merchandise to be sold
or offered for sale; .(c) where perishable
merchandise must be sold promptly In
order to forestall loss; (d) where mer-
chandise Is imperfect or damaged or Is
being discontinued and is advertised.
tisement shall state the quantity OF such
merchandise to be sold or offered for
sale; (e) where merchandise Is sold
upon the final liquidation Of any bust
ness; "a where merchandise Is sold for
charitable purposes or to relief agencies:
n xUh ma he nd to