174 CITY OF BALTIMORE. [ART. 4.

matter or thing going to show a satisfactory excuse on his part
for such neglect, and that if the jury before whom such suit shall
be tried shall think such excuse satisfactory, they shall return a
verdict for the defendant.

122. Every auctioneer who, within the period limited for his
accounting, shall have made no sales of goods or property of
any kind liable to auction duties, shall make and subscribe an
affidavit of those facts before the judge of the Court of Common
Pleas, a.nd shall transmit a copy of the said affidavit, certified by
said judge, to the Treasurer, within the same time that an ac-
count is required to be rendered, under the penalty prescribed
in the last preceding section.

123. It shall not be lawful for the Governor to nominate to
the Senate as auctioneer any person who shall have not settled
in full at the treasury office for all amounts due from him on
account of auction duties.

124. If any person appointed auctioneer shall be guilty of any
fraud or deceit in the discharge of the duties of his office, or
shall elude or defeat any provision of this law, he shall on con-
viction forfeit the sum of one thousand dollars as a penalty of
every such offence, to be recovered by any person who will sue
for the same, by action, or by indictment in the Criminal Court,
one moiety thereof to the use of such person, the other moiety
to the use of the State.

125. If no person shall, within seven days after any such
offence shall be committed, prosecute for the penalties imposed
by this law, the Treasurer, upon information thereof having
come to his knowledge, shall direct the State's Attorney for the
city of Baltimore to prosecute for the same; and the penalties
when recovered shall be paid into the treasury for the use of the
State.

126. If any person shall wilfully swear falsely touching any
matter hereinbefore required to be verified by oath, he shall
suffer the pains and penalties which by law are prescribed for
wilful and corrupt perjury, and if an auctioneer, shall forfeit his
office.

127. The proceeds of said auction duties to the amount of
twenty thousand dollars shall be appropriated annually for the