Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1939-08-18
PUBLIC GENERAL LAWS


carriage cost shall be deemed to be three.
fOurths (%) of one per cent. of the cost
of the merchandise to the retailer as
herein defined, unless said retailer
claims and proves a lower carriage cost,
and 81 a MAKEUP to cover in part the
cost of doing business, which mark-up,
in the absence of proof of lesser cost,
shall be six 49, per cent. Of the total
(b) When used in this Act, the term
"cOst to the wholesaler" shall mean the
invoice cost of the merchandise to the
wholesaler, or the replacement cost Of
the quantity last purchased, whichever
is lower; less all trade discounts except
customary discounts for cash; to which
shall be added ~ freight charges not
merchandise, and (2) carriage to the re-
tail outlet IL done or paid fol. by the
wholesaler, which carriage shall be
deemed to be three-fourths (%) Of one
to the wholesaler as herein defined. un-
less said wholesaler claims and proves q
lower carriage cost.
(c) Where two or more items are ad-
combined prce the s price Of each item
named shall be governed by the pro-
visions of paragraphs (a) or (b), re-
spectively, of this section.
and "cost to the wholesaler" as de-
fined in paragraphs (a) and (bl shall
mean bona fiie costs; and sales to con-
sumers, retailers and wholesalers at
listing market conditions within this
state shall not be used as a basis for
computing costs with respect to sales
by retailers and wholesalers:
at retail" and "retail sale" shall mean
and include any transfer for valuable
consideration, made in the ordinary
course of trade or in the usual prose-
- H,,ef Of 10 70
tangible personal property to the pur-
chaser for consumption or use other
than resale or further processing. or
manufacturing. The above terms shall
where title is retained by the seller as
security for the payment of such pur-
20 The terms " ,s.s at whSSlsssals,"
sales" shall mean and include any trans
fer for a 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
security for the payment Of the pur-
(g) The term "retailer" shall mean
and include every person, partnership,
corporation or association engaged IN
the business of making sales at retail
within this state; provided that, in the
case of q person, partnership, corpora
ton 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.
the business of making sales at whole
sale within this State; provided that, in
the case of person, partnership, cor
p0ratiOn Tor 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.
11e It is hereby declared that ad-
mercSandise, 0 either 's BY u retailers a Of
wholesalers, at less than cost as defined
in this Act, or giving, Offering to give
or advertising the intent Of giving away
OF ANY ar se by
retailers or wholesalers Of brands or
types Of merchandise they are not pre-
pared to supply, with the intent, erect.
or otherwise injuring a competitor, or
with the result Of deceiving any pur-
chaser or prospective purchaser, sub.
stantially lessening competition, unrea-
sonably restraining trade, or tending
10 CTeuIe u luOuOpOly Ill dHy Aiue VI COih-
merce, is an unfair method Of compe-
tition, contrary to public policy, and In
contravention of the policy. Of this Act.
lit. Any retailer who shall, In con-
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
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
the intent to give away any merchandise
for the purpose of injuring competitors
and destroying competition, or to ad-
vertise brands or types of merchandise
they are not prepared to supply, shall
be guilty Of 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
shall be prima facie evidence of a viola.
tion of this Act. Provided, however,
that nothing herein shall preclude any
chandise "Free," in combinations with
merchandise sold, but in such case the
cost of the Free" merchandise shall be
considered as a part Of the cost Of the
.11S. In addition to the penalties pro-
vided in this Act, the courts Of this
State are hereby invested with juris-
dicti0n to prevent and restrain VIOLA
ti0ns 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
q 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
ton or threatened violation. If in such
action a violation or threatened VIOLA
ton 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 q forced, bankrupt,
close-0ut 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
disc is sold in bona fide 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,
marked and sold as such and the adver-