LLOYD LOWNDES, ESQUIRE, GOVERNOR. 379

and indictment 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 any
such offence; and if any auctioneer shall pay or cause to be paid,
directly or indirectly, to any trustee, attorney, executor or ad-
ministrator, 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 commission 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 exceeding two hundred dollars, nor
less than fifty dollars, for every such offence; and such trustee,
attorney, executor or administrator receiving or retaining such
portion of such fee or commissions, 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.

272. If no person shall, within seven days after any such
offense shall be committed, prosecute for the penalties im-
posed by this sub-division of this Article, the State Treasurer,
upon information thereof having come to his knowledge, shall
direct the State's Attorney for the City of Baltimore to prose-
cute the same; and the penalties when recovered shall be paid
into the treasury for the use of the State.

273. If any person shall wilfully swear falsely touching
any matter hereinbefore required in this sub-division of this
Article to be verified by oath, he shall suffer the pains and pen-
alties which by law are prescribed for wilful and corrupt per-
jury; and if an auctioneer, shall also forfeit his office.

274. The proceeds of such auction duties to the amount of
twenty thousand dollars shall be paid over by the Comptroller
of the City, as the same shall be received by him, to the Mayor
and City Council of Baltimore, to be by said Mayor and City
Council of Baltimore annually appropriated to the purpose of