ART. 4.] CITY OF BALTIMORE. 173

ners, or clerks, in consequence of his absence, setting forth also
the amount of. all goods, wares, merchandise and other property
sent or intrusted to him, his partner or partners, for sale, and
by him or them sold at auction, and the days on which the same
were sold, and particularizing the amounts of the several duties
chargeable on the said sales.

120. The auctioneer making such return shall, at the time of
making the same, take before the said judge the following oath:

" I, ----, do solemnly and sincerely swear, 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, mer-
chandise and property of every kind sold or struck off by me at
public sale, or sold at private sale, on the days of my public
auctions, or sold or struck off as aforesaid by my copartner or
copartners, or 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;

that I have examined the entries of all the sales mentioned in
said account in the books 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 provisions of law, according to the best of my
knowledge, information and belief."

121. If any auctioneer shall refuse or neglect to transmit to
the Treasurer a duplicate of the record of his recognizance as
before required, or who shall neglect or refuse to render an
account, or to pay the money due from him to the State for
duties according to law, within thirty days after rendering such
account, or to make oath as hereinbefore required, or to transmit
to the Treasurer such account as hereinbefore directed, the said
Treasurer shall in every such case, provided he has no satisfac-
tory excuse shown to him for such neglect, within a reasonable
time to be judged of by said Treasurer, certify and publish such
neglect in one or more of the public newspapers published in
this State, and from the time of such publication such delinquent
auctioneer shall be deemed to have forfeited his appointment,
and shall thereby be disqualified from acting as auctioneer under
the same, and shall also forfeit the sum of seven hundred and
fifty dollars, and the Treasurer shall direct the State's Attorney
for the city of Baltimore to sue for and recover in the name of
the State, the said sum; Provided, that it shall be competent for
such auctioneer at the trial of such suit to give in evidence every