Ordinance, 12 February 1842

  • Source Note
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of the sale of personal Property of every description, a Commission of five per Cent, except public Securities, & Bank or other incorporated Stocks, respecting which a different Rate is hereinafter prescribed, & on the Amount of Sale of Real Estate, public Securities & Bank or other incorporated Stocks, two per Cent, on the first Two hundred Dollars, & one per Cent on the next one Thousand three hundred Dollars; & if the amount of Sales shall exceed fifteen hundred Dollars, then one fourth of one per Cent. on such excess; & when the said Auctioneer or Auctioneers shall let by auction any Real Property, on ground rent, he or they shall be entitled to receive a Commission on a Sum equal to Ten years amount of such Rent; & in all Cases when any article shall be actually exposed to sale, which shall not be sold, by reason of its not producing the price at which it may be limitted, it shall be lawful for the Auctioneer or Auctioneers to demand & receive, on the Sum at which such Article shall have been struck off, one fourth of the Commission which he or they would have been entitled to receive, had it been actually Sold; & every auctioneer who shall demand or receive any Fees or Commissions not allowed by Law, or greater Fees or Commissions than are so allowed, shall forfeit four Times the amount of Fees & Commissions so demanded or received, to the use of the Person or Persons on whom such demand shall be made, or from whom such Fees or Commissions shall be received. Provided that nothing herein contained shall be construed to prevent any Auctioneer from charging and receiving a reasonable Compensation for extra trouble for services rendered.
Sec. 4. That no Person or Persons, licensed as aforesaid, shall receive Goods for Sale, of any Servant or Minor, unless accompanied by a certificate from the owner or owners thereof, nor expose to public Sale any Real or personal Property, without first making out in [p. 55]
of the sale of personal Property of every description, a Commission of five per Cent, except public Securities, & Bank or other incorporated Stocks, respecting which a different Rate is hereinafter prescribed, & on the Amount of Sale of Real Estate, public Securities & Bank or other incorporated Stocks, two per Cent, on the first Two hundred Dollars, & one per Cent on the next one Thousand three hundred Dollars; & if the amount of Sales shall exceed fifteen hundred Dollars, then one fourth of one per Cent. on such excess; & when the said Auctioneer or Auctioneers shall let by auction any Real Property, on ground rent, he or they shall be entitled to receive a Commission on a Sum equal to Ten years amount of such Rent; & in all Cases when any article shall be actually exposed to sale, which shall not be sold, by reason of its not producing the price at which it may be limitted, it shall be lawful for the Auctioneer or Auctioneers to demand & receive, on the Sum at which such Article shall have been struck off, one fourth of the Commission which he or they would have been entitled to receive, had it been actually Sold; & every auctioneer who shall demand or receive any Fees or Commissions not allowed by Law, or greater Fees or Commissions than are so allowed, shall forfeit four Times the amount of Fees & Commissions so demanded or received, to the use of the Person or Persons on whom such demand shall be made, or from whom such Fees or Commissions shall be received. Provided that nothing herein contained shall be construed to prevent any Auctioneer from charging and receiving a reasonable Compensation for extra trouble for services rendered.
Sec. 4. That no Person or Persons, licensed as aforesaid, shall receive Goods for Sale, of any Servant or Minor, unless accompanied by a certificate from the owner or owners thereof, nor expose to public Sale any Real or personal Property, without first making out in [p. 55]
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