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SUPPLEMENT TO THE TCfWSO^ JEFFE RSONIAN, TOWSON, MD — JUNE 26, 1920.
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0 ¦:¦¦¦ CHAPTER 48.
AN. ACT to repeal .and re-enact + with amendments Section 120 of Article 50 of the Annotated Code of Maryland. title "License," sub-title "Gypsies," bv increasing the license fee from fifty dollars to on? thousand dollars. Section 1. Be it enacted by the General Assembly of Maryland, That Section ¦129 of Article 56 of the Annotated Code of Maryland, title "License," sub-title "Gypsies," be and the same is hereby repealed and re-enacted with amendments to read as follows: .
120. It shall not be lawful for any roving bands of nomads, commonly called gypsies, or any person or persons compos-ins any such bands, _ who have no permanent place of abode in the State of Maryland, to pitch or settle its or their encampment or carry on its or their business or transaction or practice their craft ¦within the limits of any county of this State unless they, or some of them, shall first obtain from the Clerk of the Circuit Court for any county of this State a license for such bands to pitch or settle its or their encampment or "carry on its or their business or practice their craft In said county, for which shall be paid by the person applying for such license to the Clerk of the said Court the sum of one thousand dollars, for the use of said bounty, and a further sum of fifty cents to the Clerk for his fee for issuing the same, such license to be issued in the name of the band for which such license is obtained, and if the band for which such license is obtained has no name by which the same is generally known by its members, then the party applying for such license shall designate to the Clerk what name he desires such band to be called in the license to be issued, and such license, when issued, shall not entitle inch band named in such license, or any of its members, to return and pitch o? settle its or their encampments or carry on their business or transactions or practice their craft after moving beyoni the limits of said county.
Sec. 2. And he it further enacted, Thai this Act rhall take effect June 1, 1920.
Approved T^arch 9, 1920.
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CHAPTER 57.
AN ACT to amend Article 07 of the An-nota /-d Code of Maryland, title "Weights and Measures," by adding ft new section to be known as Section 8A to follow immediately after Section 8 of said Article, prohibiting the use of the so-called family scales for commercial purposes. Section 1. Be it enacted by the General Assembly of Maryland, That Article 97 of the Annotated Code of Maryland, title "Weights and Measures," be and it Is hereby amended by adding a new section to be known as Section 8A, to follow Immediately after Section S of said Article, and to read as follows :
8A. It shall be unlawful for any person, firm or corporation, or agent, employee or officer of any person, firm or corporation to have in his, her, their or its possession for commercial. purposes any scale designated or commonly known as family scales. Any person, firm or corporation, or any agent, employee or officer of any person, firm or corporation having In his, her, their or its possession for commercial purposes any such scale, shall on •onviction be subject to a fine of not less than twenty dollars nor more than fifty dollars for each offense.
Sec. 2. And be it further enacted, That this Act shall take effect June 1, 1920.
Approved April 16, 1920.
CHAPTER 124. AN ACT to repeal Sections 80. 81. 82. S3. 84, 85. 86, 87 and 88 of Article 48 of the Annotated Code of Maryland, title "Inspections," sub-title "Feed Stuffs," as the same were enacted by Chapter 287 of the Acts of 1000; and to enact in lieu thereof eleven new sections of said Article, the same, relating to the inspection and registration of feedstuffs for live stock and poultry. Section 1, Be it enacted by the General Assembly of Man/land, That Sections 80, 81, 82. 83, 84, 85. 8G, 87 and 88 of Article 48 of the Annotated Code _ of Maryland, title "Inspections," sub-title "Feed Stuffs." as the same were enacted by Chapter 287 of the Acts of 1900, be and the same are hereby repealed.
Sec. 2. And be it further enacted, That eleven new sections be and the same ere hereby addfed to Article 48 of the Annotated Code of Maryland, title "Inspections," sub-title "Feed Stuffs," said new eections to follow immediately after Sec-ftion 79 of said Article, to be known and designated as Sections 80. 81, 82, 83, 84, 85, 86, 87, 88, 88A and 88B, respectively, and to read as follows:
SO. The term "Commercial Feeding Stuffs" shall be held to include all feeding ¦stuffs used for feeding live stock and poultry, except the following:
(a) Whole seeds or grains.
(b) The unmixed meals made directly from and consisting of the entire grains of defendant or ^fendants, if more than one, before 'such Justice of the Peace, or upon the written authority signed by the defendant or defendants authorizing the entry of a judgment by confession, and such authority may be con-ained either in the note or other cause of action, or in a separate writing, provided that no judgment as aforesaid shall be entered unless the plaintiff, his, her or its duly authorized attorney or agent shall first make affidavit as to the correct amount due thereon; provided, that nothing in this section shall in any manner effect any note or agreement for judgment dated or entered into prior to July 1st, 1920. «
Sec. 2. And be it further enacted, That this Act shall take effect from the 1st day of June, 1920.
Approved April 16, 1920.
CHAPTER 268. AN ACT to repeal and re-enact with amendments Sections 2 and 7 of Article 11 of the Annotated Code of Maryland, title "Banks and Trust Companies," sub-title "Bank Commissioner," as said sections were amended by Chapter 33 of the Acts of the General Assembly of Maryland of 1018, so as to increase the number of clerks or examiners, and to provide for two examinations of banking institutions each year; and to repeal and re-enact with amendments Section Eleven (11) of said Article; apd to repeal and re-enact with amendments Section 16 of said Article so as to provide for a new schedule of rates to be charged for the examination of banking institutions ; and to repeal and re-enact with amendments Section 20 of said Article so as to increase the minimum amount of capital stock for'pro-proposed banks, and so as to provide for branch banks; and to repeal and re-enact with amendments Sections 42 and 51 of Article 11, title "Banks and Trust Companies," sub-title "Trust Companies,' so as to provide for the establishment of branches by trust companies; and to repeal and re-enact with amendments sub-section 9 of Section 46 of said Article as said Sub-section was amended by Chapter 33 of the Acts of the General Assembly of Maryland of 1918 so as to confer banking powers upon trust companies. Section 1. Be it enacted by the General Assembly of Maryland, That Sections 2 and 7 of Article 11 of the Annotated Code of Maryland, title "Bank and Trust Companies," sub-title "Bank Commissioner," as said sections were amended by Chapter 33 of the Acts of the General Assembly of Maryland of 1918, be and the same are hereby repealed and re-enacted with amendments, so as to read as follows :
2. The Bank Commissioner may, with the approval of the Governor, appoint, and with his consent, remove a Deputy Bank Commissioner, and not more than eight clerks or examiners, at salaries within the limits of the amounts appropriated therefor in the Budget Bill, as the public business in his charge may require. Whenever it becomes necessary for the Bank Commissioner to take charge of a ffulM.iv'.ul-ni"- institution, as receiver, as provided in this Article, he may appoint such additional clerks as he may deem necessary for the purpose of such receivership : the salaries of such clerks to be paid out of the funds of the failed banking institution. The Deputy Bank Commissioner and the office clerks shall give bond in such sums as the Governor and the Bank Commissioner may determine for the faithful performance of their respective duties, said bonds to be approved by the Governor and the cost to be charged as expense of the office.
7. The Commissioner, Deputy Commissioner, or an Examiner appointed by the Commissioner shall at least twice in each year, and whenever he considers it expedient, visit each banking institution in this State, other than National Banks. At such visits he shall in the presence of one of the officers of the institution, have free access to the vaults, books and papers, and he shall inspect and examine the affairs of the, institution, to ascertain its condition and see whether it complies with tie provisions of law.
Sec. 2. And be it further enacted. That Section Eleven (11) of Article 11 of the Annotated Code of Maryland, title "Banks and Trust Companies," sub-title
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"Bank Commissioner." be and the same is hereby repealed and re-enaete;l with amendments," sc^ as to read as follows :
11. Any officer,, director, trustee, ag^et. °lerk or employee, who wilfully and knowingly violates any of the provisions of the law governing or regulating the institutions mentioned in this Article, shall be deemed guilty of a misdemeanor, and if found guilty shall be fined not more than one thousand dollars or be imprisoned for not more than three years, or both.
Sec. 3. And be it further enacted, That Section 10 of Article 11 of the Annotated Code of Maryland, title "Banks and Trust Companies," sub-title "Bank Commissioner." be and the same is hereby repealed and re-enacted with amendments, so as to read as follows:
16. The examination of banking institutions by the Bank Commissioner shall be ~aid for Hy such institutions at the following ratt° for the semi-jinnnal examination : A ehi«S* of twenty-five dollars ($25.00) Vor each examination shall be made in affl cases, to which shall be added, after first deducting the sum of twenty-five. vtJusand dollars ($25,000.00) from the totaj assets of the institution so examined, two cents (2c) per thousand of such remaining total assets up to ten million dollars, one cent, (lc) per thousand from ten million dollars up to twenty-five million dollars of such assets, and one-half cent (%c) per thousand from twenty-five million dollars to whatever amount of such assets, the institution examined, may have. When it becomes necessary for the Bank Commissioner to extend his examination beyond the principal ofi?,ce or building, he shall be paid in addition therefore in each case fees at the above rates, except in such eases where further examination is made in the same town or city, when he shall be paid a per diem fee of not more than $15.00; when such institutions require a special or unusual examination by the Bank Commissioner, he ipay be paid a per diem fee of not more than $20.00; he may also be paid a fee of $5.00 where it is necessary for him to count securities beyond the principal office or building. The Bank Commissioner shall collect the amounts named from the institution examined and pay the same to the State Treasurer, and he shall draw, on proper orders, from the State Treasury, the amounts necessary for the salaries and other expenses of his office.
Sec. 4. And be it further enacted. That Section 20 of Article 11 of the Annotated Code of Maryland, title "Banks and Trust Companies," sub-title "Banks," be and the same is hereby repealed and re-enacted with amendments, so as to read as follows:
20. Any number of persons, 'not less than five, citizens of the United States and a majority of them citizens of this State, may associate to establish a bank under this Article upon the terms and conditions and subiect to the liabilities prescribed herein. The aggregate amount of capital stock for any bank shall not be less than twenty-five thousand dollars in towns or villages having less than fifteen hundred inhabitants, and shall not be less than thirty-five _ thousand dollars in towns, villages or cities having more than fifteen hundred and less than thirty-five hundred inhabitants, and shall not be less than forty thousand dollars in towns or cities having more than thirty-five hundred and less than five thousand inhabitants, and shall not be less than forty-five thousand dollars in any city having more than five thousand and less than ten thousand inhabitants, and shall not be less than sixty-five thousand dollars in any city having more than ten thousand inhabitants and less than fifty thousand inhabitants; and shall not be Iess\than one hundred thousand dollars in any city having more than fifty thousand inhabitants and less than one hundred and fifty thousand inhabitants, and shall not be less than two hundred thousand dollars in any city having more than one hundred and fifty thousand inhabitants; and may start business when one-half of the capital provided for in this section shall have been paid in full, and the remaining one-half within one year from the date of its organization. Provided, that this section shall not apply to any person, co-partnership, incorporated banks, or other incorporated institutions doine- a banking business, now engaged in the banking business in this State, ex-rent in such cases where said person, copartnership, incorporated banks or other incorporated institution doing a banking business shall hereafter undertake to establish or organize a branch or branches outside of the city, town or village in which they are now located,' in which event the aforegoing terms and conditions relative to the subscription and payment of capital stock shall be fully complied with, for each and every branch so established or organized, so that for every branch, or branches hereafter established by any bank, additional capital shall be subscribed and paid for in the manner herein provided, unless the paid-in capital of such bank is already sufficient under the present condition of the law to provide the capital required by a bank hereunder doing business in the city, town or village in which_ it may be located, and for branch,banks in cities, towns or villages in which it proposes to establish branches.
Sec. 5. And be it further enacted. That Sections 42 and 51 of Article 11 of the Annotated Code of Maryland, title "Banks and Trust Companies," sub-title "Trust Companies," be and the same are hereby repealed and re-enacted with amendments, so as to read as follows:
42. Eleven or more persons, citizens of the United States, and a majority of them citizens of this State, may form a corporation to be known as a trust company. Such persons shall under their hands and seals acknowledge articles of incorporation which shall specifically state:
First. The name by which the corporation shall be known.
Second. The place where its business is to be transacted.
Third. The amount of its capital stock and the number of shares of the par value of not less than fifty dollars each, into which same is to be divided.
Fourth. The name, residence and post-office address of each member of the corporation.
Fifth. The term of its existence, not exceeding forty years.
Sixth. A declaration that each member of the corporation will accept the responsibilities and faithfully discharge the duties of'a director therein, if elected to act as such.
The capital stock of such corporation must be at least five hundred thousand dollars; provided, however, that a corporation with a capital of not less than two hundred thousand dollars may be organized in *t city containing more than one hundred thousand and less than two hundred and fifty thousand inhabitants, and a corporation may be organized with a capital of not less than one hundred and fifty thousand dollars in a city containing more than twenty-five thousand inhabitants anc less than one hundred thousand inhabitants, and with a capital of at least one hundred thousand dollars in a city or town tie population of which does not exceed tvlmty-five thousand inhabitants, the nuinter of inhabitants in each case to be ascn-tained or determined by the last FecYu-aWr State enumeration.
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the present conditions of the law,to pro- 240. No condensed, evaporated or provide, the capital required by a trust com- J served milk shall be manufactured, sokl '>any hereunder doing business in the city. J or exchanged, or offered or exposed, for town or village in which it may be located, sale or exchange, except as hereinafter in
and for branches in cities, towns or villages in which it proposes to establish branches.
51. Every trust company incorporated under any law or laws of this State shall possess the powers and be subject to the provisions of this Article, and wherever the words "Articles of Association" occur in the provisions of this Article, they shall be construed to include legislative charters and Articles of Incorporation; provided, however, nothing in this Article shall be construed to repeal, modify, or affect any special right, privileges or powers conferred upon any trust company heretofore created under any laws of this State, by their respective charters, if said companies were organized and doing business prior to April the 8th, 1010, except that for every branch opened after June 1st, 1020. by a trust company it shall be ompelled to add to its capital stock the
amount or amounts specified and pertain- 'Vietion shall be fined not less than twenty
ing to branches in Section 42 of this Article.
Sec. 6. And be it further enacted. That sub-section ninth, of Section 46 of Article 11 of the Annotated Code of Maryland, title "Banks and Trust Companies," sub-title "Trust Companies," as said sub-sectioa was amended by Chapter 33 of the Acts of the General Assembly of Maryland of 1018, be, and the same is, hereby repealed and re-enacted with amendments, so as to read as follows :
46. Sub-section Ninth. To exercise, by its directors, duly authorized officers or agents, all such powers as shall be usual in carrying on the business of banking ; by buying, discounting and negotiating promissory notes, bonds, drafts, bills of exchange, foreign and domestic, and other evidences of debt; by receiving deposits of money upon which interest may be paid; by buying and selling coin and bullion, and by buying and selling exchange, foreign and domestic; to purchase, invest in and sell stocks, bills of exchanae, bonds and mortgages and other securties; to accept for payment at a future date, drafts or bills of exchange drawn upon it, having not more than six months to run. wHHi t.ow out of transitions involving the importation or exportation of goods, or wiiicii grow out of transactions involving the domestic shipment of goods, provided shipping documents conveying or securing title are attached at the time of acceptance, or which are secured at the time of acceptance, by a warehouse receipt or other such document conveying or securing title covering readily marketable staples; and when moneys or securities for moneys are borrowed or received on deposit, or for investment, the bonds or obligations of the company may be given therefor, but it shall have no right to issue bills to circulate as money.
Sec. 7. And be it further enacted. That this Act shall take effect on and after .Tune 1st. 1920.
Approved April 16, 1920.
ept as hereinafti
t'lis section authorized and provided, un less the same be manufactured from or out of pure, clean, healthy, fresh, unadulterated and wholesome milk, from which the cream has not been removed either wholly or in part, and unless the proportion of milk solids of same shall be in quantity tl e equivalent of twelve and fifty one-hundredths per centum of milk solids in crude milk, and of which milk solids three and fifty one-hundredths per centum shall be butter fats. No person shall manufacture, sell or exchange, or offer or expose for sale or exchange, any condensed, evaporated or preserved milk unless the same be put up, packed or contained in packages wuh the name of.the manufacturer of the said milk distinctly branded or stamped thereon. Whoever by himself or another violates any of the provisions of this section shall be deemed uilty of a misdemeanor, and upon con-
square feet. $20.00,
Those containing more than 3,000 square feet, and not more than 4,00) square feet, $40.00.
Those . containing more than 4,000 square feet, and not more than 5,000 square feet, $50.00.
Those containing more than 5,000 square feet, and not more than 7,500 square feet, $75.00.
Those containing more than 7,500 square feet, $100.00.
A garage, as used within the terms of this Section, shall mean a place of storage for hire or a place where Is kept for hire any automobile, locomobile, or any vehicle of any kind the motive power of which shall be electricity, steam, gas, gasoline or any other motive power except animals, whether such automobile, locomobile or vehicle is kept therein permanently or tempurarily. but shaU not include space occupied as storeroom, rest rooms, machine shop or space used for other purposes than storage of cars.
Sec. 2. And be it further enacted, That this Act shall take effect June 1, 1020.
Approved April 9, 1920.
nve dollars nor more "than one hundred dollars, or be imprisoned for not less than ten days nor more than thirty days, >r be punished bv both such fine and imprisonment for the first offense, and by a fine of one hundred dollars or imprisonment for three months, or both such fine and imprisonment, for each subsequent offense. Provided, however, that nothing in this section shall prohibit the manufacture, sale or exchange of condensed, evaporated or preserved skimnicd milk in bulk for manufacturing purposes, if sold as such in containers which, hold not less than ten pounds avoirdupois thereof each and I'-hich are conspicuously labelled ''Condensed Skimmed Milk" in capital letters each of a size not less than two inches square.
Approved April 9, 1920.
CHAPTER 381. AN ACT to provide for the opening oi on'-tain schools with the singing ol "The Star-Son ngbxl Banner."
Section 1. Be it enacted by the General Assembly of Maryland That it shall be the duty of every principal, headmaster, dean or other person in charge of any grammar school, high school, normal school, private school, pronare *-ory school, college or university in the State of Maryland, giving an academic course, •'io have morning, afternoon or evening exercises or other gatherings, to open such exercise;-; or gatherings, on at least one day of such school week, whether morn-'n:r. afternoon or evening, with the sinking of "The Star-Spangled Banner''; H-ovided, that nothing -in this Act shall aiJnly to professional schools.
Sec. 2. And be it further enaetod. That this Act shall take effect from the first day of June, 1020.
Approved April IS, 1920.
CHAPTER 204. AN ACT to repeal and re-enact with amendments Sectiori 166 of Article 56 of the Annotateci Code of Maryland, title "Licenses," sub-title "Garages," to define the meaning of garage. Section 1. Be it e7iacted by the Generals Assembly of Maryland, That Section 166 of Article 56 the Annotated Code of Maryland, title "Licenses," sub-title "Garages," be and the same is hereby repealed and re-enacted with amendments to read as follows:
No person, firm, company or corporation, resident or non-resident, in this State shall keep a garage for the hire, storage or sale of automobiles until they shall first have obtained a license therefore, and shall pay an annual license fee based upon the square feet of each floor for each garage, viz:
Garage containing not more than 1,600 square feet, $5.00.
Those containing more than 1.600 square feet, and not more than 2,000 square feet, $10.00.
Those containing more than 2.000 ... square feet, and not more than 3,000 property. -------- .c.-i. fon-AA Sec. 9. Rights of Creditors Whose
CHAPTER 305. AN ACT concerning fraudulent conveyances and to make uniform the law relating thereto : and to enact an additional Article of the Code of Public General Laws of Maryland (Bagby's Code) entitled "Fraudulent Conveyances," to follow Article 39A of said Code and to be known as Article 3!)B said new Article to consist of fourteen sections. Secton 1. Be it enacted by the General Assembly. That an additional Article of the Code of Public General Laws of Maryland (Bagby's Code) entitled "Fraudulent Conveyances," is hereby enacted to follow Article 'J«!»A of said Code and to be known as Article 30B. said new Article to consist of Table of Contents and fourteen sections as follows: CONTENTS. Definition of Terms. Insolvency. Fair Consideration. Conveyances by Insolvent. Conveyances by Persons in
Conveyances by Persons about to Incur Debts.
Sec. 7. Conveyances made with Intent to Defraud.
Sec. 8. Conveyances of Partnership
Sec. 1.
Sec. 2
Sec. •'!.
Sec. 4.
Sec. 5.
usmess.
Sec. 6.
CHAPTER 316. AN ACT to repeal and re-enact with amendments Section 153 of Article 43 of the Annotated Code of Maryland, title "Health," sub-title "Adulteration of Food and Drink."
Section 1. Be it enacted by the General Assembly of Maryland, That Section 153 of xVrticle 43 of the Annotated Code of Maryland, title "Health,'' sub-title "Adulteration of Food and Drink," be and the same is hereby repealed and re-enacted so as to read as follows:
Section 153. Whenever the said Board of Health, or its proper officer shall be satisfied that any article of food, condiment or drink has been adulterated, or is otherwise unsound or unwholesome, the said board or its proper officer, shall forbid the sale or disposal of such article for human food and order it to be destroyed or disposed of so as to prevent it from being exposed for sale or used for the food of man; anef, the person or persons to whom^ the same belongs or did belong at th-e time of exposure for sale, or in whose possession, or whose permises the same was found, refusing or neglecting to destroy or otherwise dispose of such unsound or unwholesome article as directed, shall be liable to the penalty imposed under the provisions of Section 151.
Whenever the State Board of Health, or its proper officer, shall be satisfied that any article of food, condiment or drink has been misbranded, the said Board or its proper officer shall forbid the sale or disposal of such article for human food until such article of food, condiment or drink has been re-labelled in accordance with an order in writing by the State Board of Health or its proper officer, and any person or persons to whom the same belongs, or in whose possession, or on '¦"hose premises the same teas found, sell-.1.9 or offering for sale or delivering any such article of food, condiment or drink, before the same shall have been re-labelled in accordance with the aforementioned order, shall be liable to the penalty imposed
In tle"event^hat"a^mXrfisCc^nrp-n^}^i^^A^-j-»^ri.<>oj;^ of 8£Ption 151
a*»onffAw rtdf n Vvll J ^.U <-!<-, rt L«n*,«L —¦« Vi»n<»nV.n» ST5V1 V A w ft. Tin ii furl li r>\" nimr-ii
hereafter establlish.es a branch or branches outside of the I city, town or village in which it is no ,v located, it shall add to >ts capital stoc k for each branch established the sum of twenty-five thousand dollars in towj is or villages having less than fifteen hr ndred inhabitants, thirty-five thousand d< dlars in towns, villages, or cities having r nore than fifteen hundred and less than thirty-five hundred inhabitants, forty tl jousand dollars in towns or cities havi ng more than thirty-five hundred and le ss than five thousand inhabitants, fort] r-five thousand dollars in cities having m< )re than five thousand and less than ten tl lousand inhabitants, sixty-five thcuiyand dc dlars in cities having more than fem thous ;and inhabitants and less than fifty thous :and inhabitants, one hundred thousand dollars in cities having more than fifty thousand inhabitants, and less than one h undred and fifty thousand inhabitants, an d two hundred thousand dollars for citi es having more than one hundred and fi fty thousand inhabitants: the number of , inhabitants to be determined by the las-t Federal or State enumeration, unless t'ae paid-in capital of such trust company s already sufficient under
Whose
Construction. Name of Act. Inconsistent Legislation Rc-
Sec. 2. And be it furl her enacted, That all Acts and parts of Acts inconsistent with this Act be and the same are hereby repealed.
Approved April 9, 1920.
CHAPTER 348. AN ACT to repeal Chapter 532 of the Acts of the General Assembly of Maryland passed at the January session, 1000, as now codified in Section 240 of Article 27 of Bagby's Annotated Code of Public General Laws of Maryland, title "Crimes and Punishments," sub-title "Health Milk Pure-Skimmed," and to re-enact the same with amendments. Section 1. Be it enacted by the General Assembly of Maryland, That Chapter 532 of the Acts of the General Assembly passed at the January session, 1000, as now codified in Section 240 of Article 27 of Bagby's Annotated Code of Public General Laws of Maryland, title "Crimes and Punishments," subtitle "Health Milk Pure Skimmed," be and the same is hereby repealed and re-enacted with amendments so as to read as follows :
Claims Have Matured
Sec. 10. Rights of Creditors Claims Have Not Matured.
Sec. 11. Cases Not Provided for in the Act. 'Sec. 12
Sec. 13
Sec. 14,
pealed.
Section 1. (Definition of Terms.) In this Act "Assets" of a debtor means property not exempt from liability for his debts. To the extent that any property is liable for any debts of the debtor, such property shall e included in his assets.
"Conveyance" includes every payment of money, assignment, release, transfer, lease, mortgage or pledge of tangible or intangible property, and also the creation of any lien or incumbrance.
"Creditor" is a person having any claim, whether matured or unmatured. liquidated or unliquidated, absolute, fixed or contingent.
"Debt" includes any legal liability, whether matured or unmatured, liquidated or unliquidated, absolute, fixed or contingent. v
Sec. 2. (Insolvency.'I (1) A person is insolvent when the present fair salable value of his assets is less, thai: the amount that will be required to nay, his probable liability on his existing d^bts as they become absolute and matured.
(2) In determining whether a partnership is insolvent there shall be added to the partnership pronerty the present fair salable value of the separate assets of each general partner in excess of the amount probably sufficient to meet the claims of his separate creditors, and also the amount of any Unpaid subscription to the partnership of each limited partner, provided the present fair salable value of the assets of such limited partner is probably sufficient to nay his debts, including such unnaid subscription.
Sec. 3. (Fair Consideration.) Fair consideration is given for property, or obligation.
(a) When in exchange for such property, or obligation, as a fair equivalent therefor, and in good faith, property is conveyed or an antecedent debt is satisfied, or
(b) When such property or obligation is received in good faith to secure a present advance or antecedent debt in amount not disproportionately small as compared with the value of the property, or obligation obtained.
Sec. 4. (Conveyance by Insolvent.) Every conveyance made and every obligation incurred by a person who is or will be thereby rendered insolvent is fraudulent as to creditors without regard to his actual intent if thetconveyance is made or the obligation is incurred without a fair consideration.
Sec. 5. (Conveyance by Persons in Business.) Every conveyance made without fair consideration when the person making it is engaged or is about to engage in a business or transaction for which the property remaining in his hands after the conveyance is an unreasonably small capital, is fraudulent as to creditors and as to other persons, who become creditors during the continuance of such business or transaction without regard to his actual Intent. Sec.
6. (Conveyance by a Person about to Incur Debts.) Every conveyance made and every obligation incurred Avith-out fair consideration when the person making the conveyance or' entering into the obligation intends or believes that he will incur debts beyond his ability to pav as they mature, is fraudulent as to both present and future creditors.
Sec. 7. (Conveyance Made With Intent to Defraud.). Every conveyance made and every obligation incurred with actual intent, as distinguished from intent nresumed in law, to hinder, delay, or defraud either present or future creditors, is fraudulent as to both present and future creditors.
Sec. 8. (Conveyance of Partnership Property.) Every conveyance of partner-shin property and every partnershin obligation incurred wdien the partnership is or will be thereby rendered insolvent, is fraudulent as to partnership creditors, it the conveyance is made or obligation is incurred.
(a) To a partner, whether or without a promise by him to pay partnership debts, or
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(b) To a person not a partner without fair consideration to the .partnership as distinguished from consideration to the individual partners.
Sec. 0. (Rights of Creditors. WThose Claims Have Matured J (1) Where a conveyance or obligation .is fraudulent as to a creditor, such creditor, when his claim has matured, may, as against any ocrson except, a purchaser for fair consideration without- knowledge of the fraud at the time of the purchase, or one who has derived title immediately or nWiatW from such a purchaser,
(a) Have the conveyance set aside or obligation annulled to the extent neces-sarv to satisfy his claim, or
(b)) Disregard the conveyance and attach or levy execution upon the property conveyed.
(2) A purchaser who without actual *"9uduleht intent has given less than a fair consideration for the conveyance or obligation, may retain the property or obligation as security for repayment.
Sec. 10. (Rights of Creditors Whose Claims Have Not Matured.) Where a conveyance made or obligation- incurred is fraudulent as to a creditor whose claim has not matured he may proceed in a court of competent jurisdiction against anv person against whom, he could have proceeded had his claim matured and the court may,
(a) Restrain the defendant from disposing of his property.
(b) Appoint a receiver to take chargt of the property;
C""1 Set aside: the conveyance or annul the obligation, or
1 Make any order which the circumstances of the case may reouire. ,
Sec. 11. (Cases not Provided' for in Act.) In any case not provided for in this Act the rules of law and equity in-ending the law merchant, and in particular the rules relating to the law of prin-cioal and agent, and the effect of fraud, mi-representation, duress or coercion mistake bankruptcy or other invalidating cause shall govern.
Sec. 12. (Construction of Act.) This Act shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states vv'V-h enact it.
Sec. 13, (Name of Act.) This Act may be cited as the. Uniform Fraudulent Conveyance Act.
Sec. 14. (Inconsistent Legislation Repealed. Certain statute^ not repealed-) A11 Acts or parts of Acts inconsistent with this Act are hereby repealed. But nothing herein shall he construed to repeal anv part of the existing insolvent '—v of this State as contained hr'A'rtiele 47 of the Cod" of P'nbfcrC Genera! Laws of Maryland (Bagbv's Code) so far as said im-ob-'"-'- 'V-- ;- ^'t superseded bv federal Bankrupt Law; nor the N relating to frandu oi\t conveyances from husband to wife as contained in Article 45 Sections 1. 2 and "M of said Code: nor the provisions of Article 16. Section 47 of said Code re'latiVg to the method of '"-^tnbb'shing the creditors' claim : nor the provision of the'Ac1 -' 1012, Chapter 451 ¦ ' of the Act of 1016, Chapter 371, relating to sales in bulk.
Approved April y, 19-0.
CHAPTER 403 AN ACT to prohibit the use of any liquid substance in manufacturing or canning tomatoes or tomatoes with puree except the juice arising from the tomatoes themselves after they have been peeled, trimmed, cored, and prepared for canning, to prohibit the sale of canned tomatoes or canned tomatoes with puree, which have been manufactured or canned contrary to the provisions thereof, and to provide penalties for the violation thereof. Section 1. Be it enacted by the General Assembly of Maryland. That on and after June 1, 1020, it shall be unlawful for any person, firm or corporation to can or prepare in any way at any factory or plant of any kind in this State, anv
.....*o-:m or tomatoes with puree with
which there is used or introduced into the can anv liquid substance of any kind whatever except the juice or juices arising from the said tomatoes themselves after they have been properly peeled, trimmed, cored and prepared for canning as food.
Sec. 2. And be it further enacted. That it shall be unlawful for any person, firm or corporation to can or prepare in any way any goods or vegetable product purporting to be canned tomatoes or canned tomatoes with puree, or having anything on the label or advertised in anv way likely to deceive prospective customers with believing that they are canned tomatoes or canned tomatoes with puree, except in accordance with the provisions of the preceding section.
Sec. 3. And be it further e^a^ted. That on and after January 1. 1021, it s'^dl be unlawful for anv person, firm or corporation to sell or offer for sale within 1 's State, either by retail or wholesale, m,v canned tomatoes or canned tomatoes with puree, or goods purporting in any way to be canned tomatoes or canned tomatoes with puree, or having anything on the label or advertised in any way likely to deceive projective customers with believing that they are canned tomatoes or canned tomatoes with puree if such canned tomatoes or canned tomatoes with puree have had at any time anv liquid substance of any kind whatever introduced into_ the cans excent the iuice or juices arising from the tomatoes themselves afte" they have been properly peeled, trimmed, Cored and prepared for canning as food. Sec. 4. And be it further enacted. That any person, firm or corporation, or the ne'ent of any person, firm or corporation violating the provisions of this Act relative to the manufacture or canning ' of tomatoes o^rtomatoes with puree, or the selling or offering for sale by wholesale of canned tomatoes or canned tomatoes with puree shall, upon conviction, be guilty of a misdemeanor and be fined not less than one thousand ($1,000) dollars for the first offense and not less than five thousand ($5,000) for each succeeding offense. (-;
Sec. 5. And be it further enacted. That any person, firm or corporation, or the agent of anv person, firm or corporation violating the provisions of this Act relative to the sale or the offering for sale at retail of canned tomatoes with puree, shall, upon conviction, be fined not less than one hundred ($100) dollars for each and every offense.
Skc. 6. And. be it further enacted. That this Act shall take effect June 1, 1020.
Approved April 16, 1920.
CHAPTER 422. AN ACT to add a new section to the Annotated Code of Public General Laws of Maryland, Article S1, title "Revenue and Taxes." under the sub-title "Mode of Valuation and Assessment." to follow Section 11 and to be known as Section HA, the same providing for quarterly returns by automobile dealers to Comity Commissioners and Anneal Tax Court of motor vehicles sold bv them during the preceding quarter. Section 1. Be it enacted hy the General Assembly of Maryland, That a new section to be known as Section HA be added to Article 81 of the Annotated Cod ¦ of Public Ceneral Laws, title "Revenue fvili.Tl^sJ-Vsnli-title_"Mocl_e_pf Valuation and Assessment," the same to read as follows :
HA. Every automobile dealer in this State shall within ten days after the expiration of the quarters ending respectively on the last day of March, June, September and December in each year transmit to the County Commissioners of the County in which such dealer has his principal place of business where such is in one of the counties of this State, and ts the 4PPeai Tax Court of Baltimore, where such principal place of business is in Baltimore City, a.full and complete list of all motor vehicles, including motor trucks, sold by such dealer within the preceding quarter, together with the name and address of the vendee in all instances and the price for which such motor vehicle was sold, in the case of a sale, or the amount at which it was valued in the case of an exchange. Any automobile dealer failing to perform the duties imposed by this section shall be guilty of a misdemeanor and shall be liable to indictment and on conviction shall be fined not exceeding one hundred dollars ($100.00). Sec. 2. And be it further enacted.
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