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2. Goods sold in the original package, as imported, according to a printed catalogue, of which samples shall have been opened and exposed to public inspection at least one day previous to the sale

Every auctioneer who violates the provisions of this section is guilty of a misdemeanor, and on conviction shall be disqualified to act as such.

1 R. S., 1074, §§ 51, 52.

§ 733. All auctioneers doing business in the city of New York, must, between the first and fifteenth of June, in each year, obtain from the mayor of the city a license therefor, on filing a bond with two good sureties in the penalty of two thousand dollars. The mayor, on the complaint of any person having been defrauded by any auctioneer or his clerk, agent or assignee, doing business in that city, shall take testimony under oath relating thereto; and if the charge is in his opinion sustained, he shall revoke the license and commit the offender for trial, and direct the bonds to be forfeited.

Laws of 1853, ch. 138, § 219.

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§ 734. No auctioneer shall demand or receive a Commis 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; and every auctioneer who violates this section shall forfeit two

Private sales on same day

hundred and fifty dollars, and shall also refund the excess to the party aggrieved.

1. R. S., 1072, §§ 36, 37.

§ 735. No auctioneer, on the day and at the place prohibited. of his auction, nor any person whatever, on the same day and at the same place, shall sell at private sale any property liable to auction duties, under penalty of a sum equal to the price for which such goods are sold.

Sale not executed at the time.

Goods damaged at sea.

Ib., § 38.

736. When goods are struck off and the bargain is not immediately executed by payment or delivery, it is 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 terms of sale, and the names of the purchaser and of the party on whose account the sale is made.

Ib., § 39.

§ 737. Sales of vessels condemned, vessels' materials and goods in a damaged state, sold in the port of New York, by reason of such damage, for the benefit of owners and underwriters or for account of whom it may concern, and duties of auctioneers in relation to such sales, are regulated by chapter I of title III of this part. In other cities and counties they are sold under the direction of the inspectors of damaged goods therein.

Ib., 1069, § 13.



SECTION 738. Semi-annual account.

739. Exhibition of account and auctioneer's oath.

740. Partner's and clerk's oath.

741. Duties, when to be paid.

742. Duties, how to be paid.

743. Affidavit of no sales.

744. Penalty.

745. Notice of neglect.

746. Auctioneer's books to be examined.

747. Action on the bond.

748. Punishment of willful neglect.

al account.

§ 738. Every auctioneer who has given bond semi-innushall make a semi-annual account, dated on the first Monday of January and July in each year, stating in detail:

1. The sums for which any goods have been sold at every auction held by him, or in his behalf, since his first giving bond or the close of his last account;

2. The days on which sales were so made and the amount of each day's sale, designating the sales made by himself or in his presence, ard those made in his absence by a partner or clerk acting in his behalf, and specifying the causes of such absence;

3. The amount of all private sales made by himself or any of his partners, on commission, and the days on which such sales were made;

4. A distinct statement of all goods struck off but not actually sold;


of account and auctioneer's oath.

5. The amount of the duties chargeable on all the sales, public or private, and on all the goods struck off.

1 R. S., 1072, § 40; Ib., 1070, § 20.

§ 739. The auctioneer shall, within twenty days after the date of the account, exhibit it, if he resides in a city, to the mayor or recorder thereof, if otherwise, to the county judge of the county, and before him take and subscribe the following oath, to be indorsed on the account:

"I, do solemnly and sincerely swear or [affirm] that the account now exhibited by me, and to which I have subscribed my name, contains a just and true account of all the goods, wares, merchandise and effects sold or struck off or bought in by me at public sale, or sold by me at private sale on commission, whether subject to duty or not, or sold, struck off or bought in, as aforesaid, by others in my name or under my direction or for my benefit, within the time mentioned in the within account, and of the days upon which the same were respectively sold; and that I have attended personally such of the said public sales as are not stated in said account to have been made without my attendance, and that the causes therein mentioned of my absence from such sales as I did not attend are truly stated; that I have examined the entries of all the sales mentioned in said account, in the book kept by me for that purpose, and fully believe this account to be in all respects correct; and further, that I have, during the time therein mentioned, conformed in all things to the true intent and meaning of the laws regulating sales by auctioneers, according to the best of my knowledge, information and belief."

1 R. S. 1073, §§ 41, 42.

and clerk's oath.

§ 740. Every partner, clerk, or other person in Partners any way connected in business with such auctioneer, who shall have made any sale contained in the account, shall also make and subscribe an oath, to be indorsed on the account, that he believes the account so rendered to be just and true in every particular, and shall also set his name or initials opposite to such sale in the account, and shall make and subscribe an affidavit, to be annexed thereto, stating that the sales so noted are all the sales, public or private, and all the goods struck off, liable to auction duties, by him within the time mentioned in the account; and that the account of such sales, so therein stated, is just and true; that such sales were made by him in the absence of such auctioneer, who was unable to attend from the causes specified in his account; and that in all acts performed by him, in behalf of such auctioneer, during the time specified, he had endeavored to conform to the provisions of this chapter.

1 R. S., 1073, § 43; Ib., 1074, § 44.


when to be

§ 741. Every auctioneer, within ten days after exhibiting his account, shall pay the duties thereon, paid. and immediately after such payment shall transmit such account, with the affidavits indorsed and annexed thereto, to the comptroller, to be filed in his office.

Ib., 1074, § 45.

to be paid.

§ 742. Auctioneers, residing in the city of New Duties, how York, shall the duties to such bank in that city


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