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WILLIAM PACA, Esq; Governor.
CHAP. LX.
An ACT for the benefit of Mary Fitzhugh, the wife of George Fitzhugh,
of
Baltimore county. PR. |
1784. |
CHAP. LXI.
An ACT to regulate auctions in Baltimore-town in Baltimore
county. |
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BE it enacted,
by the general assembly of Maryland, That after the passing
this law, no person shall act as an auctioneer, within Baltimore-town,
in
Baltimore county, or within one mile of the said town, unless licensed
and appointed agreeable to this act; and if any person, without such licence,
shall
sell any property, except land, houses, and real property whatsoever, at
auction,
within the said town of Baltimore, or within one mile thereof, and be thereof
convicted in the general court, or Baltimore county court, such person
shall forfeit
and pay ten pounds current money for every hundred pounds of property by
him so sold, and in the same proportion for any greater or less sum; and
any
person employing any person not licensed as aforesaid to sell any property
at auction
within the said town, or one mile thereof, shall forfeit and pay ten
pounds
like money for every hundred pounds of property so sold by his direction,
or with
his consent, and in the same proportion for any greater or less sum, to
be recovered
as aforesaid. |
No person to
act as auctioneer
without
licence, &c. |
II. And be it
enacted, That Thomas Yates is hereby licensed and appointed
auctioneer for the said town, who shall, before he acts as such, (under
the penalty
of two hundred pounds current money,) give bond in the penalty of
five
thousand pounds current money, with such sureties as the commissioners
of the
said town shall approve, with condition, that he will faithfully execute
the office
and trust reposed in him as auctioneer for Baltimore-town, agreeable to
law, and
in all things well and faithfully execute and perform the several duties
required of
him by this act; and take the following oath, (which any justice of the
peace,
or any one of the said commissioners, may administer,) to wit:
" I _____
" do swear, that I will faithfully and honestly execute the office and
trust reposed
" in me as auctioneer for Baltimore-town, and will well and faithfully
perform
" the several duties required of me by law, without any partiality, fraud
or
" deceit." |
T. Yates appointed,
&c. |
III. And be
it enacted, That the commissioners of the town aforesaid may
remove the auctioneer aforesaid for misbehaviour in his office, and may
appoint
another in his stead, ad in case the said auctioneer shall resign his
appointment,
or remove out of the said town, or die, the commissioners aforesaid may
appoint
another in the place of the auctioneer so resigning, removing or dying. |
May be removed,
&c. |
V. And be it
enacted, That the bond given by the auctioneer aforesaid may
be put in suit by any person intrusting property in his hands for sale,
for recovery
of the property if not sold, and if sold, the money by him received, or
which
he agreed to collect or to be answerable for, with an interest of twenty
per cent.
per year; and the bond of the said auctioneer shall be liable for every
breach of
the condition to the amount of the penalty, and if judgment shall be rendered
on such bond, any person injured may issue scire facias to recover
the damages by
him sustained. |
Bond may be
put in suit,
&c. |
V. And be it
enacted, That any justice of the peace, on his own view, or
information on oath or affirmation of any credible person, of any person
not
licensed selling any property at auction, contrary to this act, may issue
his warrant
to the sheriff or any constable of Baltimore county, to apprehend such
person,
and oblige him to recognize, with one or more securities, for his good
behaviour, and appearance at the next general county court, to answer for
such offence, and in case of refusal may commit such person to the gaol
of Baltimore
county, until he finds such security; and if any person shall, during the
continuance of his recognizance, sell any property at auction contrary
to this act,
such selling shall be a breach of his recognizance. |
Justices may
issue warrant,
&c. |
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