Ordinance, 12 February 1842, as Published in Times and Seasons

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AN ORDINANCE REGULATING AUCTIONS IN THE CITY OF .
Sec. 1. Be it ordained by the City Council of the City of , That no person or persons whatsoever shall, after the publication of this act, sell or expose to sale by way of vendue, or auction, any property, real or personal, within the city of , unless such person or persons shall reside within the said city, and first obtain a licence for the purpose from the Mayor, for which such person or persons shall pay to the corporation, not exceeding one hundred dollars, and give bond to the Mayor and Council, with two good securities, in the sum of one thousand dollars, for the honest and due performance of all the duties required by law.
Sec.2. That if any person or persons shall be found selling or disposing of any property real or personal, within the city of , by way of vendue, or auction, without having obtained such license, and given such security, as aforesaid, such person or persons so offending, and being thereof lawfully convicted, shall forfeit and pay to the corporation, the sum of twenty five dollars for every lot which he or they shall have so sold.
Sec.3. That the auctioneer or auctioneers licensed as aforesaid, shall receive all articles which he or they shall be required to sell at auction, giving his or their receipt for the same, if reqired, and within ten days after any sale made, shall deliver a fair account of the same, and pay the amount thereof to the person or persons entitled thereto, deducting therefrom, the fees and commissions hereafter allowed, that is to say, on the amount of the sale of personal property of every description, a commission of five per cent. except public securities, and bank or other incorporated stocks, respecting which a different rate is hereinafter prescribed, and on the amount of sale of real estate, public securities and bank or other incorporated stocks, two per cent. on the first two hundred dollars, and one per cent. on the next one thousand three hundred dollars; and if the amount of sales shall exceed fifteen hundred dollars, then one fourth of one per cent. on such excess; and 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; and 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 limited, it shall be lawful for the auctioneer or auctioneers to demand and 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; and 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 and 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 writing, and signing, and publicly reading the conditions of sale, nor without advertising the property intended for sale, and the time and place of sale in a newspaper, or by posting up notices in three public places [p. 716] in the city; and also giving notice of the same by a crier and the ringing of a bell.
Sec. 5. That no auctioneer or auctioneers shall, either directly or indirectly, purchase at auction any article or articles put up to sale by him or them, except for his or their own use, and not to sell again, under a penalty of twenty five dollars, for every such offence.
Sec. 6. That no auctioneer or auctioneers shall sell by auction dry goods or groceries, in lots or parcels of less value than five dollars, or liquors of any kind in less quantities than five gallons, under the penalty of five dollars for every offence.
Sec. 7. That in no case where two or more persons shall take out a joint license as auctioneers, shall it be lawful for any of them, under color thereof, to hold separate auctions, or to sell at more than one place at one and the same time; but the said license shall be construed to confer no greater privilege or authority than if the same were granted to a single person; and that if any of the persons who may have taken out a joint license as aforesaid shall violate this provision, he or they shall forfeit and pay the same penalty for every offence, as is imposed on any person who shall sell as an auctioneer, without having taken out a license, and given security, as herein before required.
Sec. 8. That from and after the passage of this act, there shall be levied and paid to this Corporation, a duty on the amount of all sales at auction by the auctioneers licensed pursuant to the laws thereof, at the following rates, that is to say: upon all real estate, public securities, bank and other incorporated stocks, at the rate of one fourth of one per cent.; upon all watches, jewelry, cutlery, perfumery, and stationery, at the rate of five per cent.; and upon all other goods, articles, or things, of whatever sort or kind, whether in the raw or manufactured state, at the rate of one per cent., except on sales of any property at auction, made under any order, decree, sentence, or judgment of any court of the , or of any justice of the peace, or by virtue of any distress for rent. all of which are hereby exempted from the duties imposed by this act.
Sec.9. That it shall be incumbent on every auctioneer, licensed as aforesaid, to deduct from the proceeds of all sales made by him, the duties herein before directed to be levied, and to pay over the same to the Treasurer of this Corporation, for its use and benefit, once in every three months; and in accounting for such duties, it shall also be incumbent on every such auctioneer to make his return under the solemn sanction of an oath or affirmation, and to exhibit to the Treasurer aforesaid, whenever required by him, the books of sales of such auctioneer, in order to enable the Treasurer to ascertain the correctness of the returns aforesaid; and in case any such auctioneer shall fail strictly to perform the duties hereby imposed on him, or to account accurately for, and pay over, as above prescribed, the revenue payable to this corporation on sales at auction by him, or to exhibit his books, as aforesaid, he shall forfeit his license, and be, moreover, liable to a penalty of fifty dollars, and to a further penalty of twenty dollars for every day which shall elapse after a default shall be made in payment of the said duties, or in rendering his returns, or in exhibiting his books, agreeably to this section, until he shall comply with the directions it contains; and all penalties accruing under it shall be for the sole use and benefit of this corporation.
Sec. 10. That in case any person or persons who shall have become the surety or sureties for the faithful perform.ance of the duties of any auctioneer or auctioneers, licensed as aforesaid, shall die, remove from the city of , or become insolvent, the Mayor shall, and he is hereby authorized and empowered, to demand other satisfactory security or securities, for the due performance of such duties; and in case such satisfactory security or securities shall not be given within eight days, the license taken out by such auctioneer or auctioneers shall thenceforth become, and is hereby declared to be, null and void, to all intents and purposes as if the same had never been granted; and whenever the Mayor shall have been informed that the license of any auctioneer or auctioneers shall have expired, or that he or they shall have failed to comply with the requisitions of the law, so that such license be no longer in force, the Mayor shall, at the expiration of eight days, give public notice thereof.
Sec.11. That the auctioneer or auctioneers licensed as aforesaid, shall constantly [p. 717] keep a fair copy of this law in some conspicuous place in his or their auction room, for the inspection of the public; and if he or they shall fail so to do, he or they shall forfeit and pay a penalty of twenty dollars.
Passed—January 17 [February 12], 1842.
, Mayor.
, Recorder. [p. 718]