Page:United States Statutes at Large Volume 33 Part 1.djvu/643

 FII<"1`Y—EIGHTH CONGRESS. Sess. II. Cns. 1808, 1809.1904. 555 defraud, sells, conveys, conceals, or aids in concealing the same, o1· removes the same from the District of Columbia without the consent of the vendor, before performance of the conditions precedent to acquiring the title thereto, shall be punished by a fine of not more Penalty. gran pne. hundred dollars, or by imprisonment for more than ninety vs. Approved, April 28, 1904. CHAP. 1809.-Ari Act To prevent the fraudulent sale of merchandise in the dgfll28,19\M. District of Columbia. · R- 5*7-] ` [Public, No. 241. Be it enacted by the Senate and House of Re eeentatines of the- 1 United States of America in Congress assem Zed, {hat it shall be the Distdctvffblumbin. duty of every person who shall bar ain for or purchase any stock of msiiiiaf m°r°h°°°u°° oods, wares, or merchandise in budk, for cash or credit, within the histrict of Columbia, to demand and receive from the vendor thereof, and if the vendor be a co ration then from a managing officer or agent thereof, at least five ldiiys before the consummation of such bargain or (purchase and at least five days before paying or delivering to the ven or any part of the purchase price or consi eration there or, or any promissory note or other evidence of indebtedness therefor, a written statement, under oath, containing the names and addresses of ,,,§*,,T$§,§’§E,, §§‘*}‘§",‘§,‘l all of the creditors of said vendor, together with the amount of d¤¤¤¤¤¤¤¤ i>¤¤¤*¤>· indebtedness due or owing, or to become ue or owing, by said vendor to each of such creditors, and if there be no such creditors, a written - statement, under oath to that efect; and it shall be the duty of such vendor to furnish such statement at least five days before any sale or transfer by him of anystock of goods wares, or merchandise in bulk. Sec. 2. That after having received from the vendor the written mNg:he¤me: 1¤¤¤=¤••¤ statement, under oath, mentioned in section one, the vendor shall, at ° ’ least five days before the consummation of such bargain or purchase, and at least five days before paying or deliverin to the vendor any part of the purchase price or consideration tdierefor, or any promissory note or other evidence of indebtedness for the same, in good faith notify or cause to be notilied, personally or bywire or by registered letter, each of the creditors of the vendor named in said statement of the proposed purchase by him of such stock of goods, wares, or merchandise; and whenever any person-shall purchase any _{g¤*;¤¤gg°{,*;g{j_j,$, stock of goods, wares, or merchandise in bulk, or shall pay, the pur- mmiuiemsuu wm. chase pnceor any part thereof, or execute or deliver to the vendor thereo or to his or er, or to any person for his use, any promissory note or other evidence of indebtedness for said stock, or any part thereof, without having first demanded and received from his vendor the statement, under oath, as provided in section one, and without also having notified or caused to be notified all of the creditors of the vendor named in such statement, as in this section prescribed, such purchase, sale, or transfer shall, as to any and all creditors of the vendor, be conclusively presumed fraudulent and void. . _ Sec. 3. That any sale or transfer of a stock of goods, wares, or desgjgdfu "“”‘· °‘°·· merchandise out of the usual or ordinary course of the business or trade of the vendor, or whenever thereby substantially the entire business or trade theretofore conducted by the vendor shall be sold or conveyed, or attempted to be sold or conveyed, to one or more persons, shall be deemed a sale or transfer in bulk, in contemplation of this Act. Sec. 4. That nothing contained in this Act shall apply to sales made ,,§f“°“ by °‘°°“*""· by executors, administrators, receivers, or any public officer conducting a sale in his official capacity.