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5. Property sold under judicial or executive authority, or in the settlement of estates of deceased persons or insolvents, excepting under assignments with preference.


tion of auctioneer.

Approval and delivery of bond.



SECTION 718. Qualification of auctioneer.
719. Approval and delivery of bond.

720. Officer to give notice to comptroller.

721. Certain auctioneers to file certified copies.

722. Penalty.

723. Penalties for acting as auctioneer without authority.

724. What goods may be sold by any auctioneer.

725. Assistant.

726. Auctioneer only to act in this state.

§ 718. Any citizen of this state may become

and act as an auctioneer in the county in which he resides, on depositing with the comptroller an approved bond with sureties, in the penalty of ten thousand dollars, conditioned that he will render the semi-annual account hereinafter required; will pay all duties imposed by law in respect to his business, and will, in all respects, comply with the requirements of this chapter. Such bond shall be renewed on or before the first Monday in January in every year.

From 1 R. S., 1070, §§ 15, 19, 20; 1071, § 24.

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719. Such bond, i executed by an auctioneer resident in a city, shall be taken and approved by the mayor or recorder thereof, and if otherwise, by the county judge of the county, who shall

certify upon it his approbation, and the date thereof. The auctioneer, within ten days thereafter, shall deliver it to the comptroller.

1 R. S., 1070, §§ 16, 17.

720. Such officer shall also, without delay, transmit a notice to the comptroller, stating the name of the auctioneer and his sureties in the bond, and the day on which it was executed and approved.

Ib., § 18.

officer to

give notice to comp


auctioneers to file cer

tied copies

§ 721. Every auctioneer in the cities of New Certain York and Buffalo shall, within ten days after the execution and approval of his bond, file a copy of the bond and of the certificate thereon with the clerk of the county, who shall record the same in a book with an alphabetical index, to be kept by him for the purpose; and he shall be paid by the auctioneer fifty cents therefor.

Ib., 1071, §§ 25, 26.

§ 722. Every auctioneer neglecting to file such Penalty. certified copy within the time above required, shall forfeit for every such neglect one hundred dollars, to be recovered by the district attorney and paid into the treasury of the state.

Ib., § 27.


for acting

as auc.



§ 723. Any person who acts as auctioneer in selling any goods liable to auction duties, or in selling in the cities of New York, Brooklyn, Albany, authority. Troy or Buffalo any personal property whatsoever, except such as is sold under the authority of the

What goods may be

sold by any



Auctioneers only to act

in this state

United States, without having filed the bond hereinbefore required, or being authorized as assistant to one who has filed such bond, as provided by section 725, shall forfeit one hundred and twenty-five dollars for each article so exposed by him to sale; and he is guilty of a misdemeanor.

From 1 R. S., 1069, §§ 7, 8, 9, 10; Laws of 1856, ch 26; 1 R. S., 1071, §§ 23, 28; 1069, § 11.

§ 724. Except in the cities mentioned in the preceding sections, sales where no duties are imposed may be made by any citizen of the state.

From 1 R. S., 1069, § 10.

§ 725. Every auctioneer, in case of his inability to attend an auction, by sickness, by duty as a fireman, by reason of military orders, or necessary attendance in a court of justice, or in case of temporary absence from the city or county within which he is auctioneer, may employ a copartner or clerk to hold such auction in his name and behalf; such copartner or clerk having previously taken an oath, to be filed with the clerk of such county, fully and faithfully to perform the duties incumbent on him by the provisions of this chapter, and which oath shall also contain a true statement of the connection that exists between him and the auctioneer. 1 R. S., 1069, § 12.

§ 726. Every auctioneer who accepts an appoint ment as auctioneer from any other state, or who is concerned as principal or partner in selling any property in any other state by public auction, or

who receives any benefit on account of any such sale, is guilty of a misdemeanor, and on conviction shall be incapable, forever thereafter, of acting as an auctioneer within this state.

1 R. S., 1071, § 29.



SECTION 727. Auctioneers in cities to designate their place of sale.

728. To sell at no other place.

729. Penalty.

730. Power of common councils.

731. Advertisements of auctions in New York city.

732. Evening sales in New York and Albany.

733. Suppression of mock auctions in New York city.

734. Commissions.

735. Private sales in same day prohibited.

736. Sale not executed at the time.

737. Goods damaged at sea.

§ 727. No auctioneer, in any city of this state, shall at one time have more than one place for holding auctions; and every such auctioneer, before acting as such, shall file with the clerk of such city a writing, signed by him, designating such place, and naming therein the partners, if any, engaged with him in business.

1 R. S., 1071, § 30.


in cities to designate

their places

of sale.

no other place.

§ 728. No such auctioneer shall expose to sale, To sell at by public auction, any articles liable to auction duties, at any other place than that so designated, except goods sold in original packages as imported, household furniture, and such bulky articles as have


Power of common councils.


ments of

usually been sold in warehouses, or in the public streets or on the wharves.

1 R. S., 1071, § 31.

§ 729. A violation of any provision of the last two sections is a misdemeanor, and punishable by a fine not exceeding two hundred and fifty dollars for each offense.

Ib.. 1072, § 32.

§ 730. The common council of each city may designate such place or places therein, for the sale by auction of horses, carriages and household furniture, as they deem expedient.

Ib., § 33.

§ 731. Every auctioneer in the city of New York New York shall, under his own name, give previous notice, in

auctions in



sales in New York

one or more of the public newspapers printed in that city, of every auction sale made by him; and in case he is connected with any person or firm, his name shall in all cases precede, separately and individually, the name of such person or the title of the firm. Any person carrying on, interested in, or employed about such business in the city of New York, who advertises a sale by auction in any other manner, or is concerned in any sale by auction not so advertised, is guilty of a misdemeanor.

Ib., §§ 34, 35.

§ 732. All sales of goods by public auction in the

and Albany, cities of New York and Albany, shall be made in the daytime, between sunrise and sunset, excepting: 1. Books or prints;

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