378 LAWS OF MARYLAND.

inal Court of Baltimore, and on conviction thereof shall be
fined in a sum not exceeding seven hundred dollars nor less
than one hundred dollars, and on conviction shall further be
deemed to have forfeited his appointment as auctioneer, and
shall be disqualified from acting as auctioneer under the 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 excuse on his part for such neglect or re-
fusal; 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, however, in such case to pay the
costs of the prosecution; and provided 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 money that may be due the State, or for the non-per-
formance or, misperformance of any duty imposed upon him
by this sub-division of this Article, and for which a civil action
would lie against him or on his bond.

260. 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 affidavit 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 pen-
alty prescribed in the last preceding section.

270. It shall not be lawful for the Governor to nominate
to the Senate as auctioneer any person who shall not have set-
tled in full at the Treasury office for all amounts due from him
on account of auction duties.

271. If any auctioneer shall be guilty of any fraud or de-
ceit in the discharge of the duties of his office, or shall elude
or defeat any provisions of this sub-division 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