328 CITY OF BALTIMORE. [ART. 4.

limited for rendering such accounts or transmitting such dupli-
cates as provided in section 108, or shall refuse or neglect to pay
over to the comptroller of the city the money or moneys due from
him to the State for duties, according to law, within thirty days
after rendering such account, he shall, in and for each and every
such case of refusal or neglect, be deemed guilty of a misdemeanor,
and shall be subject to presentment and indictment in the criminal
court of Baltimore, and on conviction thereof shall be fined in a
sum not exceeding seven hundred dollars nor less than one hun.
dred dollars, and on conviction shall further be deemed to have
forfeited his appointment as auctioneer, and shall be disqualified
from acting as auctioneer under tho 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 ex-
cuse on his part for such neglect or refusal; and 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, how-
ever, in such case to pay the costs of the prosecution; and pro-
vided 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 that may be due the
State, or for the non-performance or misperformance of any
duty imposed upon him by this sub-title of this article, and for
which a civil action would lie against him or on his bond.

P. L L., (1860,) art 4, sec. 183.

111. 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 affida-
vit of those facts before the judge of the court of common pleas,
and shall transmit a copy of the said affidavit, certified by said
judge, to the State treasurer, within the same time that an account
is required to be rendered, under the penalty prescribed in the
last preceding section.

Ibid, sec 123.

112. It shall not be lawful for the governor to nominate to
the senate as auctioneer any person who shall not have settled in