Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1939-08-25
. PUBLIC GENERAL LAWS

fourths (%) of one per cent. of the cost
of the merchandise to the retailer as
claims and proves lower carriage cost,
and (3) q mark-up to cover in part the
cost Of doing business, which mark-up,
in the absence OF proof OF lesser cost;
cost at retail outlet.
Ib) When used in this Act, the term
"cost to the wholesaler" shall mean the
invoice cost Of the merchandise to the
the merchandise to the wholesaler, in
the quantity last purchased, whichever
is lower; less all trade discounts except
customary discounts for cash; to which
shall be added 31 freight charges not not
merchandise, and (2) carriage. to the re-
tail outlet If done or paid for by the
wholesaler, which carriage shall be
deemed to be. three-fourths (A) of one
per cent. of the cost of the merchandise
to the wholesaler as herein defined, un-
less said wholesaler claims and proves
lower carriage cost.
(c) Where two or more items are ad-
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.
and "cost to the wholesaler" as de-
fined in paragraphs (a) and (bl shall
mean bona fide 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 a valuable
consideration, made in the ordinary
course of trade or in the usual prose-
cution of the sellers business Of title to
ron 0ihIn nQrS0nQI nrnnnrfV Tn the nrr.
chaser for consumption or use. other
than resale or further processing. or
manufacturing. The above terms shall
include any transfer of such property
security for the payment Of such pur-
chase price.
90 The terms "sell at wholesale"
fer for a valuable consideration made in
the ordinary course of trade or the
usual prosecution of the sellers bust
ness, Of title to tangible personal prop.
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-
~ The term RETAILER" shall mean
and include every person, partnership,
corporation or association engaged IN
within this state; provided that, in the
case of a 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,
corporation or association engaged in
the business of making sales at whole
sale within this State; provided that, in
the case Of a 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
lie. It is hereby declared that ad-
oF to or sale Of any
wholesalers, ,at less than cost as defined
in this Act, Nor giving, offering to give
or advertising the intent Of giving away
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 a 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 a monopoly in any line Of COM
tition, contrary to public policy, and in
cOntraventiOn of the policy of this Act.
III. Any retailer who shall, in con-
travention Of the policy Of this Act,
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 c0ntravention 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 adj
vertise brands or types of merchandise
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
contravention Of the policy Of this Act
shall be prima facie evidence of a viola.
ton 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 ed. as q part Of the cost Of the
lis. In addition to the penalties pro-
State are hereby invested with juris-
diction to prevent and restrain VIOLA
ti0ns of this Act, and it 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
a 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-out sale, or other sale outside Of
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 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-