TITLE 1. dividing two counties, the person so offending may be proceeded against in each of said counties; but the fine to be imposed, shall not exceed twelve dollars and fifty cents in each case. Limitation of this Ti tle. S 10. Nothing in this Title contained, shall affect or alter the ferries granted by charter to the corporations of Albany and Hudson, or 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. 2 R. L., 210, § 2 & 5; see Laws of 1845, ch. 352; 3 B. Ch., 315; 1849, ch. 30. [528]] CHAP. XVII. Of the Regulation of Trade in certain cases. (Took effect May 1, 1828.) TITLE 1. Of sales by auctioneers. TITLE 2. 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 exempt from duty. 26. Goods how to be struck off. Duties if purchased by auctioneer or owner. 3. Goods sold at private sale, subject to duties. 4. Articles exempt from duties. 5. When goods shall be exempt. 6. By whom sales to be made. 7. Penalty for violating preceding section. 8. When auctioneers may employ a partner or clerk. 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. 13. Approbation to be endorsed, and bond to be delivered to comptroller. 14. Officers taking bond, to give notice to comptroller. 15. Penalty for selling without bond. 16. Penalty for accepting appointment from another state, &c. 17. No auctioneer to have more than one auction house or store. 18. Not to sell at any place different from that designated. 19. Penalty for violating two last sections. 20. Common council of cities may designate places for sale of horses, &c. 21. Auctioneers to give notice of sales not made at their auction store. 22. Penalty for violating last section. 23. Auctioneer to receive 24 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. *See act amendatory. Laws of 1946, ch. 62. Post, vol. 3 p. 659 SEC. 26. When auctioneer to make a memorandum of sale. 27. Auctioneers to account quarterly. 28. Account to be exhibited to mayor or recorder, or to county judge. 29. Onth of auctioneer rendering account. 30. Partner of auctioneer to make oath of truth of account. 31. In account, partner or clerk to state sales made by him, &c. 32. Auctioneer to pay duties in ten days after rendering account. 33. To whom payments to be made. 34. Receipts to be sent to comptroller. 35. Auctioneer selling no goods liable to duties, to make affidavit thereof. 37. Comptroller to publish every such neglect; appointment forfeited. TITLE 2 [529] Goods sub S 1. All goods, wares and merchandize, and every other species of personal property, which shall at any time be exposed to sale by public auction within this state, with the duty. exceptions mentioned in the second section of this act and in the fifth section of title one, Chapter seventeen, Part one of the Revised Statutes 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 one dollar on every hundred dollars: 2. All goods, wares, merchandize and effects imported from any place beyond the Cape of Good Hope at the rate of fifty cents on every one hundred dollars: 3. All other goods, wares, merchandize and effects which are the production of any foreign country at the rate of seventy-five cents on every hundred dollars: 4. 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. Laws of 1846, ch. 62, § 1. Post, vol. 3 p. 659. Laws of 1864, ch. 131. $ 2. No auction duties shall be payable upon the following Goods exgoods and articles: 1. Ships and vessels. 2, Utensils of husbandry, horses, neat cattle, hogs and sheep. 3. Articles of the growth, produce and manufacture of the United States, except distilled spirits. Laws of 1846, ch. 62, § 2. empt from duty. struck off. § 2o. Goods sold by auction, shall in all cases be struck off How to be to the 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. Laws of 1817, 326, § 1. TITLE 1. Goods sold at private sale, subject to duties. Sales exempt. [530] Sales, by whom made. Penalty. Copartner or clerk. S3. All articles, except those mentioned in the fourth and fifth sections of this Title which shall be sold on commission by an auctioneer, by a co-partner or clerk of an auctioneer, or by a person in any way connected in the auction business, or in auction sales with an auctioneer, whether at auction or private sale, shall be liable to the duties before enumerated. Laws of 1817, 326, § 1; 1835, ch. 62. Sect. 4 repealed by Laws of 1846, ch. 62. $ 5. Goods and chattels otherwise liable to the auction duties, 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: 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: 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 insolvent: 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. Laws of 1817, 329, § 8. $ 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. Laws of 1824, 37, § 2; see Laws of 1838, ch. 52. Post, vol. 3, p. 656. 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. Laws of 1824, 38, § 2; see Laws of 1838, ch. 52. $ 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, such copartner or clerk having previously taken an oath to be filed TITLE 1. with the clerk of the county in which such auctioneer shall reside, fully and faithfully to perform the duties incumbent on him by the provisions of this Title, and which oath shall also contain a true statement of the connexion that exists between him and the auctioneer. Laws of 1817, 331, § 11; 1835, ch. 62. aged at sea. $9. Goods damaged at sea, and sold for the benefit of the Goods damowners 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. Laws of 1817, 329, § 8. of such $10. One or more, not exceeding three, inspectors of dam- Inspectors aged goods, whenever their appointment shall be necessary, goods." 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. (531) $ 11. No person appointed to the office of an auctioneer, shall execute the duties of such office, until he shall have Bond. entered into a 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. vol. 3, pp. 656, 659. proved. Laws of 1817, 327, § 4; see Laws of 1838, ch. 52; 1846, ch. 62. Post $ 12. Such bond, if executed by an auctioneer appointed in How apa city, 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. S13. The officer taking the bond, shall endorse upon it a How dis certificate of his approbation, and of the day on which it was posed of. 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. S 14. Every officer taking such bond, shall, without delay, b. transmit 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 S 15. Every auctioneer who shall sell any goods, wares, Penalty for merchandize or effects, by public auction, without having out bond. given the security above required, shall forfeit the sum of one hundred and twenty-five dollars for each article so exposed by him to sale. See Laws of 1838, ch. 52. Post, vol. 3, p. 656. TITLE 1. Further penalty. Auction but one auc tion house. S 16. Every auctioneer, who, during his term of office, shall accept 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. Laws of 1817, 327, § 16. S17. No auctioneer in any city of this state, shall at the eers to have same time have more than one house or store, for the purpose of holding his auctions; 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. And not to sell elsewhere. [532] Laws of 1817, 327, § 9. $ 18. No such auctioneer shall expose to sale by public auction, any goods or articles liable to auction duties, at any other place than that designated in the writing so deposited Exceptions. 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. enalty. Place for $ 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. $20. The common council of each city in this state, may horses, &c. designate such place or places, within such city, for the sale by auction of horses, carriages, and household furniture, as they shall deem expedient. Notice of certain sales. Penalty. $21. Every auctioneer in the city of New York shall, under his own proper name, give previous notice in one or more of the public newspapers printed in the said city, of every auction sale that shall be lawfully made by him; and in case he shall be 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 under which he transacts business. Laws of 1817, 330; 1835, ch. 62. S22. Every auctioneer, copartner or clerk of an auctioneer and every other person whomsoever in the city of New York, who shall advertise a sale by auction in any other manner than the one prescribed in the foregoing sections, or shall be concerned in any sale by auction, not advertised in the aforesaid manner, shall on conviction thereof forfeit the sum of five hundred dollars for each offence, and be also subject to |