182?

LAWS OF MARYLAND,

CHAP. 111

swear or affirm, that the account now exhibited by me, and to
which I have subscribed my name, contains a just and true
account of all the goods, wares, merchandize and effects, sold
by me at public sale, or by my co-partner or co -partners, or
agents, within the time mentioned in said account, and of the
days upon which the same were respectively sold; that I have
examined the entries of the sales mentioned \n said account,
in the books kept by me for that purpose, and fully believe this
account to be in all respects correct, and further, that I have
during the time therein mentioned, conformed in all things to
the true intent and meaning of the act, entitled an act to regu-
late sales by public auction, according to the best of my know-
ledge, information and belief, and all and every the partner
and partners of any such auctioneer, clerk or clerks residing

Additional oaths.

in this state, shall also make and subscribe an oath, to be en-
dorsed on the said account, that he or they respectively be-
lieve the said account to be correct, and true in every particu-
lar; and every such auctioneer shall witnin thirty days after
the rendering such account, and taking such oath or affirma-

Pay duty to treasu-
rer

Auctioneer neg-
lecting his recog-
nizance —— to ac-
count for to prove
his occount— for-
feit.

tion, pay the amount of duty upon such account of sales, to
the treasurer of the Western Shore.
Sec, 9. And be it enacted, That if any auctioneer appointed
and qualified under this act, shall refuse or neglect to deliver,
or cause to be delivered, to the Treasurer of the Western.
Shore, a duplicate of the record of his recognizance as pre-
scribed by this act, or if he shall neglect or refuse to render
an accopnt, or to pay the money due from him to the state,
fur duties according to law, or to snake oath or affirmation as
by this act directed, or to transmit to the treasurer of the Wes-
tern Shore such account as directed by this act, the said trea-
surer shall in every such case, provided he has no satisfactory
excuse shewn to him for such neglect within a reasonable
time, to be judged of by said treasurer, certify and publish
such neglect or refusal, in one or more of the public newspa-
pers published in this state, and from the time of publishing
such advertisement, such delinquent auctioneer shall be deem-
ed to have forfeited his appointment, and shall thereby be dis-
qualified from acting as an auctioneer undtr the same, and
every such person so neglecting or refusing, shall also for
every such offence, forfeit seven hundred and fifty dollars,
which forfeiture the said treasurer shall direct the attorney
general to cause to be sued for and recovered in the name and

Proviso

for the use of this state, in any court of record, having cog-
nizance thereof : Provided however, That it shall be compe-
tent for such auctioneer, at the trial of such suit, to give in evi-
dence every matter or thing, going to shew a satisfactory ex-
cuse for such neglect on his part, and that if the jut y before
whom such suit shall be tried, shall think such excuse satis-
factory, they shall return a verdict for the defendant.

Articles exempted

SEC. 10. And be it enacted, That all lands and tenements
goods, belonging to this state, or the United States, all goods
and chattels whit h shall be seized by any public officer for or
on account of any forfeiture or penalty, ships and vessels,
goods and effects of deceased persons, or goods destrained for