ART. 4.] AUCTIONS. 329

full at the treasury office for all amounts due from him on account
of auction duties.

1872, ch. 249.

113. 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 sub-title of this article, for a violation of
which no penalties are therein specially prescribed, he shall be
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 exceeding one thousand dollars, nor
less than one hundred 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 or commis-
sions 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, executor or administrator, he shall be

deemed guilty of a misdemeanor, and on conviction thereof in
the criminal court of Baltimore shall be fined in a sum not ex-
ceeding two hundred dollars, nor less than fifty dollars, for every
such offence; and such trustee, attorney, executor or adminis-
trator receiving or retaining such portion of such fee or com-
missions, and not accounting for it to the proper parties, shall
be liable in a suit on his bond for double the amount so received

or retained by him, to the cestui que trust, the principal, or to

any person interested in the estate which he represents.

P. L. L., (1860,) art 4, sec 125

114. If no person shall, within seven days after any such

offence shall be committed, prosecute for the penalties imposed
by this sub-title of this article, the State treasurer, upon informa-
tion 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.

Ibid. sec. 126.

115. If any person shall wilfully swear falsely touching any
.matter hereinbefore required in this sub-title of this article to be