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, pur chase 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 groce ries, 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 li cense 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 per son who shall sell as an auctioneer, with out 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 li censed 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 de duct 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 du ties, it shall also be incumbent on every such auctioneer to make his return under the solemn sanction of an oath or affir mation, and to exhibit to the Treasurer aforesaid, whenever required by him, the books of sales of such auctioneer, in or der 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 im posed 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 con tains; 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 per sons 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 perform ance of such duties; and in case such sat isfactory security or securities shall not be given within eight days, the license ta ken 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 requisi tions of the law, so that such license be no longer in force, the Mayor shall, at the expiration of eight days, give public no tice thereof.
Sec.11. That the auctioneer or auctioneers licensed as aforesaid, shall constantly [p. 717]