1790.
Passed December
14. |
LAWS of MARYLAND.
CHAP. XII.
An ACT to regulate auctions in Baltimore-town. |
No person to
act as auctionier
unless appointed,
&c. |
BE it enacted,
by the General Assembly of Maryland, That after the commencement
of this act no person shall act as an auctionier within Baltimore-town,
or within one mile of the said town, unless appointed agreeably
to this act; and if any person, without such appointment, shall sell
any
property (except vessels, lands, houses, and real property of any kind)
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 worth of property
by him so sold, and in the same proportion for any greater or less sum;
and
any person employing a person not appointed 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 worth 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. |
Auctioniers
appointed,
&c. |
II. And be it
enacted, That there shall be two auctioniers offices for the said
town of Baltimore, and that Archibald Campbell and Thomas Yates, and the
survivor of them, are hereby appointed to execute one of the said offices,
and Joshua
Barney and John Hollins, and the survivor of them, are hereby appointed
to execute the other of the said offices; and the said auctioniers shall,
before they
act by virtue of this appointment, (under the penalty of two hundred
pounds
current money) give bond to the state of Maryland, in the penalty of five
thousand
pounds current money, with such securities as the commissioners of the
said
town shall approve, with condition that they will faithfully execute the
office
and trust reposed in them as auctioniers for Baltimore-town, agreeably
to law,
and in all things well and faithfully execute and perform the several duties
required
by this act; and each of the said auctioniers, before he acts as such,
shall,
under the penalty of two hundred pounds current money, take the following
oath
or affirmation, (which any justice of the peace may administer,) to
wit: " I do
" swear (or affirm) that I will faithfully and honestly execute the office
and trust
" reposed in me as auctionier for Baltimore-town, and that I will well
and faithfully
" perform the several duties required by law, without any partiality, fraud
" or deceit;" and the said auctioniers shall yearly, and at the end of
every year,
under the penalty of two hundred pounds current money, give a new bond
to
the state of Maryland, un the penalty aforesaid, with security as aforesaid,
under
condition as aforesaid. |
Who may be
removed by
the governor, &c. |
III. And be
it enacted, That the governor and council may remove any auctionier
on being convicted of misbehaviour in office in any court of record of
this
state, and may appoint another in his stead, and in case both of the auctioniers
appointed to either of the said offices shall resign their appointment,
or remove
out of the said town and its precincts, or die, the governor and council
may appoint
others in the place of the auctioniers so resigning, removing or dying,
and
each of the persons so appointed shall, under the penalty of two hundred
pounds
current money, give bond to the state of Maryland, with security as aforesaid,
in
the penalty aforesaid, conditioned as aforesaid, and shall, before they
act under
their appointment, under the like penalty, take the oath or affirmation
aforesaid. |
Bond may be
put in suit,
&c. |
IV. And be it
enacted, That the bond given by the auctioniers may be put in
suit by any person intrusting property in their, or either of their hands,
for sale,
for recovery of the property if not sold, and if sold, the money received,
or which
they, or either of them, agreed to collect or to be answerable for, with
an interest
of twenty per cent. per year; and the bond of any auctionier shall
be liable
for any breach of the condition to the amount of the penalty; and if judgment
shall be once rendered on such bond, any person injured may afterwards
issue scire
facias to recover the damages by him sustained by the misconduct of
such auctionier
in the execution of his office. |
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