412
Proviso.
Proviso.
Guilty of
fraud or de-
ceit.
Penalty fur.
Penalty for
dividing fee
or commissions.
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LAWS OF MARYLAND.
the Criminal Court of Baltimore, and on conviction
thereof, shall be fined in a sum not exceeding seven
hundred dollars, nor less than one hundred dollars,
and on conviction shall further be deemed to have
forfeited his appointment as auctioneer, and shall
thereby be disqualified from acting as auctioneer
under the same, provided, it shall be competent for
such auctioneer at the trial -of such suit to give in
evidence every matter or thing, going to show a
satisfactory excuse on his part fur such neglect or
refusal, and that if the jury before which such suit
shall be tried, shall think such excuse satisfactory,
they shall return a verdict for the defendant, the
defendant, however, in such case, to pay the costs
of the prosecution; and provided further, that no suit,
or indictment, or conviction, under this section, for
the penalties herein contained, shall be held to bar
or prevent the State from bringing such civil action'
or actions in any of the Courts of this State against
any auctioneer, or on his bond, for the recovery of
any money or moneys that may be due the State, or
for the non-performance or mis-performance of any
duty imposed upon him by this law, and for which
a civil action would lie against him or on his bonds-
SEC. 124. If any auctioneer shall be guilty of any
fraud or deceit in the discharge of the duties of his.
office, or shall elude or defeat any provisions of this.
law, for a violation of which no penalties are therein
specially prescribed, he shall be deemed guilty of a,
misdemeanor, and subject to presentment and indict-
ment, in the Criminal Court of Baltimore, and on
conviction thereof shall be fined in a sum not ex-
ceeding one thousand dollars, nor less than one hun-
dred dollars for every such offence. And if any
auctioneer shall pay or cause to be paid, directly or
indirectly, to any trustee, attorney, executor or
administrator, selling real estate or property of any
kind under any order of any court, or under any
power of attorney, any portion of the fee* commissions
received or receivable by him, and charged by him
in his account for making any sale of such real
estate or property for such trustee, attorney, execu-
tor or administrator, he shall be deemed guilty of a
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