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TITLE 1. alter or impair any grants made by this state, or any legal right or privilege whatever, belonging to any individual or corporation, by virtue of any law of this state, or otherwise.66

CHAP. XVII.

Of the Regulation of Trade in certain cases.

TITLE 1. Of sales by auctioneers.

TITLE 2.

TITLE 3.

Of the inspection of provisions, produce and merchandize. Of the tare of butter firkins, and the packing and sale of pressed hay.

TITLE 4. Of hawkers and pedlers.

TITLE I.

OF SALES BY AUCTIONEERS

SEC. 1. Duties upon goods sold at auction.

2. Goods how to be struck off. Duties if purchased by auctioneer or owner

3. Goods sold by auctioneer at private sale, subject to duties.

4. Articles exempt from duties.

5. When goods liable to duties shall be exempt.

6. By whom sales at auction to be made.

7. Penalty for violating preceding section.

8. When auctioneers may employ a partner or clerk to hold auction in their name.

9. Goods damaged at sea, under whose direction sold.

10. Inspectors of damaged goods to be appointed.

11. Auctioneers to give bonds.

12. Bonds by whom to be approved of.

13. Approbation to be endorsed, and bond to be delivered to comptroller.
14. Officer taking bond, to give notice to comptroller.

15. Penalty for selling goods without giving bond.

16. Penalty on auctioneer for accepting appointment from another state, &c.

17. No auctioneer at same time to have more than one auction house or store.

18. Not to sell at any place different from that designated, except in certain cases. 19. Penalty for violating two last sections.

20. Common council of cities may designate places for sale of horses, &c.

21. Auctioneers to give two days' notice of sales not made at their auction store.
22. Five hundred dollars penalty for violating last section.

23. Auctioneer to receive 2 1-2 per cent. commission, unless an agreement for more.
24. Penalty for violating last section.

25. When goods liable to duties are not to be sold at private sale.

26. When auctioneer to make a memorandum of sale.

27. Auctioneers to account quarterly; contents of account.

28. Account to be exhibited to mayor or recorder of cities, or to county judge,

29. Oath of auctioneer rendering account.

30. Partner of auctioneer also to make oath of truth of account.

31. In account rendered, partner or clerk of auctioneer to state sales made by him, &c.

32. Auctioneer to pay duties in ten days after rendering account.

33. To whom and where payments to be made.

34. Receipts taken for such payments to be sent to comptroller.

35. Auctioneer selling no goods liable to duties, to make affidavit thereof.

36. Penalty on auctioneer for neglect of duties prescribed in last nine sections.

37. Comptroller to publish every such neglect; appointment forfeited.

38. Certain goods in New-York to be sold between sunrise and sundown ; penalty.

39. Penalty upon auctioneer guilty of fraud in execution of his duties.

40. Forfeitures imposed by this Title, how to be collected and applied.

(66) 2 R. L. 210, § 2 & 5.

Duties on

SECTION 1. All goods, wares and merchandize, and every other TITLE 1. species of personal property, which shall at any time be exposed to sale by public auction within this state, with the exceptions mention- auction sales, ed in the fourth and fifth sections of this Title, shall be subject, each and every time they shall be struck off, to duties at the following rates, namely:

1. All wines and ardent spirits, foreign or domestic, at the rate of two dollars on every hundred dollars:

2. All goods, wares, merchandize, and effects imported from any place beyond the Cape of Good Hope, and sold in packages, bales, trunks or casks, as imported, at the rate of one dollar on every hundred dollars:

3. All other goods, wares, merchandize and effects, at the rate of one dollar and fifty cents on every hundred dollars.

The duties shall be calculated on the sums for which the goods so exposed to sale shall be respectively struck off, and shall in all cases be paid by the person making the sale.1

struck off.

$2. Goods sold by auction, shall in all cases be struck off to the How to be highest bidder; and where the auctioneer or owner, or any person employed by them or either of them, shall be such bidder, they shall be subject to the same duties as if struck off to any other person; but this section shall not be construed to render valid any sale, that would otherwise be deemed fraudulent and void.1

by auction

$ 3. All articles which shall be sold by an auctioneer on commis- Private sales sion, whether at auction or private sale, shall be liable to the pay- cers. ment of the duties before enumerated.2

$ 4. No auction duties shall be payable upon the following goods Articles ex

and articles:

1. Ships and vessels:

2. Utensils of husbandry, horses, neat cattle, hogs and sheep:

3. Articles of the growth, produce or manufacture of this state, ex

cept distilled spirits:

4. All fabrics of cotton, wool, hemp and flax, manufactured within

the jurisdiction of the United States.3

empt.

$5. Goods and chattels otherwise liable to the auction duties, Sales exempi shall be exempt therefrom, if they shall be sold under the following circumstances:

1. If they shall belong to the United States, or to this state:

2. If they shall be sold under any judgment or decree of any court of law or equity; or under a seizure by any public officer, for or on account of any forfeiture or penalty; or under a distress for rent :

VOL. I.

(1) Laws of 1817, p. 326, § 1. (2) Ih. § 11. (3) Ib. §8.

67

TITLE 1. 3. If they shall belong to the estate of a deceased person, and be sold by his executors or administrators, or by any other person duly authorised by a surrogate :

Sales by whom made.

Penalty.

Copartner or clerk.

Goods damaged at sea.

Inspectors of

such goods.

4. If they shall be the effects of a bankrupt or insolvent, and be sold by his assignees appointed pursuant to law, or by a general assignment for the benefit of all the creditors of such bankrupt or insol

vent:

5. If they shall be goods damaged at sea, and be sold within twenty days after they shall have been landed, for the benefit of the owners or insurers.4

$6. All sales at public auction in the city of New-York, not under the authority of the United States, and all such sales in other parts of the state where duties are payable on the effects to be sold, shall be made by an auctioneer who shall have given the security herein after required, or by a copartner or clerk of an auctioneer duly authorised under the provisions of this Title; but where no duties are payable, all such sales, except in the city of New-York, may be made by any citizen of this state."

S7. Every person who shall sell, or attempt to sell, at public auction, any goods or effects, contrary to the provisions of the last preceding section, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried: the fine in no case to exceed five hundred dollars; the imprisonment, three months."

$ 8. Every auctioneer, in case of his inability to attend an auction, by sickness, by his duty as a fireman, by reason of military orders, or by his necessary attendance in a court of justice, or in case of his temporary absence from the city or place for which he is appointed, may employ a copartner or clerk to hold such auction in his name and behalf."

$9. Goods damaged at sea, and sold for the benefit of the owners or insurers, shall be sold, in the city of New-York, under the direction of the wardens of the port, and in other cities and counties of the state, under the direction of persons appointed to inspect damaged goods in the city or county where the sale is made.R

$10. One or more, not exceeding three, inspectors of damaged goods, whenever their appointment shall be necessary, shall be appointed in the cities of Albany, Troy and Hudson, by the mayor or recorder of those cities respectively; and in every other county of the state, by any judge of the county courts, to whom application for that purpose shall be made.8

(4) Laws of 1817, p. 329, § 8. (5) Ib. Laws of 1824, p. 37, § 2. (6) Ib. p. 38, § 2. (7) Laws of 1817, p. 331, § 11. (8) Ib. § 8.

$ 11. No person appointed to the office of an auctioneer, shall exe- TITLE 1. cute the duties of such office, until he shall have entered into a bond Bond. to the people of this state, with two sufficient freeholders as his sureties, in the penalty of five thousand dollars, conditioned for the faithful performance of the duties of his office, and for the payment of the duties that are, or shall be, imposed by law, and that shall accrue on sales made by him or under his direction, by virtue of his office.

ed.

$12. Such bond, if executed by an auctioneer appointed in a city, How approx shall be taken and approved of by the mayor or recorder of such city; and if executed by an auctioneer appointed for a county, by any judge of the county courts of such county.9

ed of.

$13. The officer taking the bond, shall endorse upon it a certifi- How dispos cate of his approbation, and of the day on which it was taken, and shall deliver the bond thus endorsed, to the auctioneer by whom it shall have been executed, who within ten days thereafter shall deliver, or cause the same to be delivered, to the comptroller."

$ 14. Every officer taking such bond, shall, without delay, trans- Ib. mit a notice to the comptroller, stating the name of the auctioneer and his sureties entering into the bond, and the day on which the same was executed and approved.

acting with

$15. Every auctioneer who shall sell any goods, wares, merchan- Penalty for dize or effects, by public auction, without having given the security out bond. above required, shall forfeit the sum of one hundred and twenty-five dollars for each article so exposed by him to sale.9

nalty.

$16. Every auctioneer, who, during his term of office, shall ac- Further pecept 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. 10

to have but

house.

$ 17. No auctioneer in any city of this state, shall at the same time Auctioneers have more than one house or store, for the purpose of holding his auc- one auction tions; 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.11

$ 18. No such auctioneer shall expose to sale by public auction, And not to any goods or articles liable to auction duties, at any other place than where.

(9) Laws of 1817, p. 327, § 4. (10) Ib. § 16. (11) Ib. § 9.

sell else

TITLE 1. that designated in the writing so deposited 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.12

Exceptions.

Penalty.

Place for sale

of horses, &c.

Notice 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. 12

$20. The common council of each city in this state, may designate such place or places, within such city, for the sale by auction of horses, carriages, and household furniture, as they shall deem expedient. 12

S21. Every auctioneer in a city, shall give at least two days precertain sales. vious notice, in one or more of the public newspapers printed in the city for which he shall be appointed, of every auction sale, that shall be lawfully made by him, at any other place than the house or store designated by him, in the manner above required. 13

Penalty.

Commission.

Penalty.

Private sales when and

where prohibited.

Entry in sale book.

S22. Every auctioneer who shall violate the provisions of the last section, shall forfeit the sum of five hundred dollars for each offence. 13

$ 23. No auctioneer shall demand or receive a higher compensation 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. 14

$24. Every auctioneer who shall violate the provisions of 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. 14

$25. No auctioneer, on the day and at the place where his public auction shall be held, nor any person whatever, on the 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.'

15

$26. When goods shall be struck off at auction, and the 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

(12) Laws of 1817, p. 330, § 9. (13) Ib. § 13. (14) Ib. § 14. (15) Ib. § 11.

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