TITLE 1. Further penalty. Auction but one auc S16. Every auctioneer, who, during his term of office, shall accept an appointment as auctioneer from any other state, or who shall be concerned as principal or partner in selling any goods, wares, merchandize, or effects, in any other state by public auction, or who shall receive any reward, compensation or benefit, for or on account of any such sale, shall be deemed guilty of a misdemeanor, and on conviction shall forfeit his appointment, and be incapable forever thereafter of acting as an auctioneer within this state. Laws of 1817, 327, § 16. S17. No auctioneer in any city of this state, shall at the eers to have same time have more than one house or store, for the purpose tion house. of holding his auctions; and every such auctioneer before he shall enter on the execution of his office, shall designate, in a writing signed by him, such house or store, and shall also name therein the partner or partners, if any, engaged with him in business, and shall file such writing with the clerk of the city, for which he shall be appointed. And not to sell elsewhere. [532] Laws of 1817, 327, 9. S 18. No such auctioneer shall expose to sale by public auction, any goods or articles liable to auction duties, at any other place than that designated in the writing so deposited Exceptions. by him, except goods sold in original packages as imported, household furniture, and such bulky articles as have usually been sold in warehouses, or in the public streets, or on the wharves. Penalty. Place for sale of $ 19. Every such auctioneer, who shall violate any provision of the two last sections, shall be deemed guilty of a misdemeanor, punishable by a fine not exceeding two hundred and fifty dollars for each offence. $20. The common council of each city in this state, may horses, &c. designate such place or places, within such city, for the sale by auction of horses, carriages, and household furniture, as they shall deem expedient. Notice of certain sales. Penalty. S21. Every auctioneer in the city of New York shall, under his own proper name, give previous notice in one or more of the public newspapers printed in the said city, of every auction sale that shall be lawfully made by him; and in case he shall be connected with any person or firm, his name shall in all cases precede separately and individually the name of such person or the title of the firm under which he transacts business. Laws of 1817, 330; 1835, ch. 62. S22. Every auctioneer, copartner or clerk of an auctioneer and every other person whomsoever in the city of New York, who shall advertise a sale by auction in any other manner than the one prescribed in the foregoing sections, or shall be concerned in any sale by auction, not advertised in the aforesaid manner, shall on conviction thereof forfeit the sum of five hundred dollars for each offence, and be also subject to imprisonment at the discretion of the court in which he shall be tried; but such imprisonment shall not exceed six months. Laws of 1817, 330; 183, ch. 62. TITLE 1. sion. S23. No auctioneer shall demand or receive a higher com- Commispensation for his services, than a commission of two and one half per cent. on the amount of any sales, public or private, made by him, unless by virtue of a previous agreement in writing, between him and the owner or consignee of the goods or effects sold. Laws of 1817, 330, § 14. S24. Every auctioneer who shall violate the provisions of Penalty. the last section, shall forfeit the sum of two hundred and fifty dollars, to every person from whom he shall demand or receive an unlawful compensation or commission, and shall also be liable to refund the monies so illegally received. sales, when prohibited. $ 25. No auctioneer, on the day and at the place where his Private public auction shall be held, nor any person whatever, on the and where same day and at the same place, shall sell at private sale any goods or effects liable to auction duties; and every person who shall violate this provision, shall forfeit a sum equal to the price for which such goods shall have been sold. Laws of 1817, 330, § 11; 3 S. S. C., 52; 7 N. Y., 224. sale-book. $26. When goods shall be struck off at auction, and the Entry in bargain shall not be immediately executed by the payment of the price, or the delivery of the goods, it shall be the duty of the auctioneer, to enter, in a sale-book to be kept by him for that purpose, a memorandum of the sale, specifying the nature, quantity and price of the goods, the terms of sale, and the names of the purchasers, and on whose account the sale is made. [533] account. $27. Every auctioneer who shall have entered into the Quarterly bond required by law, shall make out in writing a quarterly account, dated on the first days of April, July, October and January, in the year for which he is appointed, and shall therein state minutely and particularly, 1. The sums for which any goods or effects shall have been sold at every auction held by him, or in his behalf, from the time of his entering into such bond, or the date of his last quarterly account: 2. The days on which sales were so made, and the amount of each day's sale, designating the sales made by himself or in his presence, and those made in his absence by a partner or clerk acting in his behalf, and specifying the causes of such absence: 3. The amount of all private sales made by himself or any of his partners, on commission, and the days on which such sales were made: 4. The amount of the duties chargeable under the provisions of this Title, on all the sales, public and private, mentioned in the account. Laws of 1817, 328, § 5 & 6; see Laws of 1846, ch. 62. TITLE 1. To whom exhibited. Oath. [534] Partner also to S 28. Every such account, within twenty days after the day on which it is dated, shall be exhibited, if made out, by an auctioneer appointed in a city, to the mayor or recorder of such city, and if by an auctioneer appointed for a county, to any judge of the county courts of such county. $29. Every auctioneer exhibiting an account, shall take the following oath, before the officer to whom the account shall be exhibited: "I do solemnly and sincerely swear, (or affirm) that the account now exhibited by me, and to which I have subscribed my name, contains a just and true account of all the goods, wares, merchandize and effects, sold or struck off, or bought in by me, at public sale, or sold by me at private sale on commission, whether subject to duty or not, or sold, struck off, or bought in as aforesaid, by others in my name, or under my direction, or for my benefit, within the time mentioned in the within account; and of the days upon which the same were respectively sold; and that I have attended, personally, such of the said public sales as are not stated in the said account to have been made without my attendance; and that the causes therein mentioned, of my absence from such sales as I did not attend, are truly stated: that I have examined the entries of all the sales mentioned in said account in the book kept by me for that purpose, and fully believe this account to be in all respects correct; and further, that I have, during the time therein mentioned, conformed, in all things, to the true intent and meaning of the laws regulating sales by auctioneers, according to the best of my knowledge, information and belief." Such oath shall be reduced to writing, be endorsed on the account, and be subscribed by the auctioneer taking it. $ 30. Every partner of such auctioneer shall also make and make oath. Subscribe an oath, to be endorsed on the account, as shall also every clerk or other person whatever, in any way connected in business with such auctioneer, who shall have made any sale contained in said account, that he believes the account so rendered to be just and true in every particular. Duty of partner or clerk as to account. Laws of 1817, 328; 1835, ch. 62. S 31. Every partner or clerk, who shall have made any sale on behalf of an auctioneer, shall, in the account rendered by such auctioneer, set his name, or the initials thereof, opposite to each sale made by him, mentioned in such account; and shall make and subscribe an affidavit to be annexed to such account, stating that the sales so noted are all the sales liable to auction duties, public or private, made by him within the time mentioned in the account, and that the account of such sales, so therein stated, is just and true; that such sales were made by him, in the absence of such auctioneer, who was unable to attend from the causes specified in his account; and that in all acts performed by him, in behalf of such auctioneer, during the time aforesaid, he had endeavored to conform to the true intent and meaning of the laws regulating sales by auctioneers. Laws of 1817, 328, § 11. TITLE 1. when to be $32. Every auctioneer, within ten days after he shall have Duties, exhibited his account, shall pay for the use of this state, the paid. duties accrued on the sales mentioned in the account, and immediately after such payment, shall deliver or transmit such account, with the affidavits endorsed thereon, and annexed thereto, to the comptroller, to be filed in his office. Laws of 1817, 328, § 5, 6, & 19; 1843, ch. 86. where to be $33. Every such payment, if made by an auctioneer ap- Payments, pointed for any other place than the city of New-York, shall made. be made to the treasurer of this state, and by every auctioneer in the city of New-York, shall be made to such bank in the city of New York as shall be designated by the comptroller, as entitled to the state deposits according to law; and the receipt of the proper officer of the bank shall be taken therefor. $ 34. The auctioneer taking such receipt shall immediately Receipt to transmit the same to the comptroller, who shall thereupon comptrolcertify such payment to the treasurer, and charge him with ler. the amount thereof. be sent to no sales be S35. Every auctioneer, who within the period limited for Affidavit if his accounting, shall have made no sales, public or private, of made. goods or effects liable to auction duties, shall make and subscribe an affidavit of those facts, before any officer to whom his account, had such sales been made by him, might have been exhibited, and shall transmit a copy of such affidavit, certified by the officer taking it, to the comptroller, within the same time that an account is required to be rendered. Laws of 1817, 328, § 5, 6, & 19. [535] neglect of $36. Every auctioneer, partner or clerk of an auctioneer, Penalty for and every person whatever in any way connected in business duty. with an auctioneer, who shall refuse or neglect to perform any act or duty, which in either of the last nine sections he is required to perform, shall, for each offence, forfeit to the people of this state, the sum of seven hundred and fifty dollars. Laws of 1817, 328, § 9; Laws of 1835, ch. 62. tion of neg $ 37. It shall be the duty of the comptroller to certify and Publicapublish in the state paper, every such refusal or neglect of an lect. auctioneer; and from the time of such publication, the delinquent auctioneer therein named, shall be deemed to have forfeited his appointment, and shall be incapable of doing any act by virtue thereof. New York. $ 38. All sales of goods, by public auction, in the city Sales in of New-York, by an auctioneer, shall be made in the day time, between sun-rise and sun-set, excepting, 1. Books, or prints: 2. Goods sold in the original package, as imported, according to a printed catalogue, of which samples shall have been TITLE 2 opened and exposed to public inspection, at least one day previous to the sale. Penalty. Ib. Forfeitures, how prose Every auctioneer who shall violate the provisions of this section, shall be deemed guilty of a misdemeanor, and on conviction, shall forfeit his appointment. Laws of 1817, 328, § 10. $39. Every person who shall be guilty of any fraud or deceit, in the execution of this Title, or who shall, by any fraudulent means, seek to elude or defeat its operation, shall be deemed guilty of a misdemeanor, and shall forfeit treble damages to the party injured. 7 N. Y., 225. S40. All forfeitures, imposed in this Title, and not othercated for wise specially appropriated, shall be prosecuted for, by the district attorney of the county in which the offence shall be committed, in the name of the people; and it shall be the duty of the comptroller to give immediate notice to the proper district attorney, of every such forfeiture believed to have been incurred. The monies recovered, deducting a proper compensation to the district attorney, to be settled by the comptroller, shall be paid to the treasurer of the county in which the offence shall be committed, for the use of the poor of such county. Duty of attorneygeneral S41. The comptroller is authorized, whenever he shall deem it necessary, to give notice to the attorney general of any forfeiture incurred by an auctioneer, or any other person under this Title; and the attorney general, when thus notified, shall have power to prosecute for such forfeiture in the manner provided by section forty of this Title, and after paying his costs, the monies recovered shall be appropriated in the manner specified in said Title. Laws of 1835, ch. 62; see Laws of 1831, ch. 316; 1833, ch. 212; 1837, ch. 297; 1847, ch. 242; 1853, ch. 138; 1849, ch. 399. TITLE II.* OF THE INSPECTION OF PROVISIONS, PRODUCE, AND MERCHAN- ART. 7. Of the inspection and culling of staves and heading. ART. 8. Of the inspection of flax-seed. ART. 9. ART. 10. ART. 11. |