Ordinance, 12 February 1842

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An Ordinance regulating Auctions in the City of .—
<​Repealed May 14th 1842​>
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 , & first obtain a License 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, & given such Security, as aforesaid, such Person or Persons so offending, & being thereof lawfully convicted, shall forfeit & 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 required, and within Ten Days after any Sale made, shall deliver a fair account of the same, & pay the amount thereof to the Person or Persons entitled thereto, deducting therefrom, the Fees & Commissions hereafter allowed, that is to say, on the Amount of [p. 54] 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] In writing, & signing, & publicly reading the Conditions of Sale, nor without advertising the property intended for sale, & the time & place of Sale in a Newspaper, or by posting up Notices in three public Places in the ; & also giving Notice of the same by a Crier & 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, & not to sell again, under a penalty of Twenty five Dollars, for every such offence.
<​Repealed April 9th. 1842​>
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 colour thereof, to hold seperate auctions, or to sell at more than one Place at one & 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; & 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 & 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, & given Security, as hereinbefore required.
Sec. 8. That from & after the passage of this act, there shall be levied & 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 & other incorporated Stocks, [p. 56] Stocks, at the Rate of One fourth of One per Cent: upon all Watches, Jewelry, Cutlery, perfumery, & Stationary, at the rate of five per Cent; & 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, & to pay over the same to the Treasurer of this Corporation, for its use & benefit, once in every three Months; & 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, & to exhibit to the Treasurer aforesaid whereever required by him, the Books of Sales of such Auctioneer, in order to enable the Treasurer to ascertain the Correctness of the Returns aforesaid; & in Case any such auctioneer shall fail strictly to perform the Duties hereby imposed on him, or to account accurately for, & 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, & be, moreover, liable to a Penalty of Fifty Dollars, & 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; & all Penalties accruing under it shall be for the Sole use & benefit of this Corporation.
Sec. [p. 57]
Sec. 10. That in Case any Person or Persons who shall have become the surety or sureties for the faithful performance of the Duties of any Auctioneer or Auctioneers, licensed as aforesaid, shall Die, remove from the City of , or become Insolvent, The Mayor shall, & he is hereby authorized & empowered, to demand other satisfactory Security or Securities, for the due performance of such Duties; & 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, & is hereby declared to be, null & void, to all intents & purposes as if the same had never been granted; & 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 keep a fair Copy of this Law in some conspicuous Place in his or their Auction Room, for the inspection of the public; & if he or they shall fail so to do, he or they shall forfeit & pay a Penalty of Twenty Dollars.
Passed February 12th. 1842.—
, Mayor.
, Recorder. [p. 58]

Footnotes

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