AUCTIONS.

1437

fusal, in one or more of the public newspapers published in this

state, and from the time of publishing such advertisement, such

delinquent auctioneer shall be deemed to have forfeited his

appointment, and shall thereby be disqualified from acting as an

auctioneer under the same, and every such person so neglecting

or refusing, shall also for every such offence, forfeit seven hun-

dred and fifty dollars, which forfeiture the said treasurer shall

direct the attorney-general to cause to be sued for and reco-

vered in the name and for the use of this state, in any court of

record, having cognizance thereof; Provided however, that it

Proviso.

shall be competent for such auctioneer, at the trial of such

suit, to give in evidence every matter or thing, going to shew a

satisfactory excuse for such neglect on his part, and that If the

jury before whom such suit shall be tried, shall think such

excuse satisfactory, they shall return a verdict for the de-

fendant.

SEC. 10. And be it enacted, That all lands and tenements,

Articles

goods, belonging to this state, or the United States, all goods

exempted

and chattels which shall be seized by any public officer for or

on account of any forfeiture or penalty, ships and vessels,

goods and effects of deceased persons, or goods distrained for

rent, or sold by order or decree of any court, or taken in exe-

cution, effects of any bankrupt, or insolvent debtor, transferred

or conveyed to assignees by a general assignment for the

benefit of all his creditors, utensils of husbandry, and all

articles of the growth or produce of this state, shall in no wise

be subject to, but are hereby exempted and declared free from

the duty aforesaid, and may be sold by any person in any part

of this state.

SEC. 11. And be it enacted, That every auctioneer in said

Partners

city shall designate in writing, his partner or partners, if any

and stand
to be de-

are engaged with him in his said business, and the houses or

signated.

stores occupied by him for the transaction of auction business,

which said writing shall be deposited by such auctioneer with

the treasurer of the western shore ; and if any auctioneer in

said city shall enter upon the execution of his office, or shall

permit any person to act in his behalf, without designating his

said house or store, or his said partner or partners, if any, in

the manner and form herein prescribed, he shall be deemed

Penalty for

guilty of misdemeanor, and on conviction shall be fined in a

neglect.

sum not exceeding five hundred dollars ; and it shall be the

duty of the court before whom such conviction is had, to

transmit forthwith a particular report thereof to the governor

and council of this state, who are hereby authorized in their

discretion, to inhibit the person so convicted from acting as

auctioneer during their pleasure; Provided always, that the

Mayor and

mayor of the said city shall be, and hereby is authorized to

ctty council