1846.

LAWS OF MARYLAND.

CHAP. 288.

spectively believe the said account to be correct and true
in every particular; and every such auctioneer shall,
within thirty days after the rendering such account, and
taking such oath or affirmation, pay the amount of duty
upon such account of sales to the treasurer; and if any
such auctioneer shall neglect to render the account above
prescribed, or to pay the amount of duty as aforesaid, he
shall be liable to the penalties and disabilities provided
for such neglect by the ninth section of the act to which
this is a supplement.

Make affidavit.

SEC. 6. And be it enacted, That every such auctioneer
as aforesaid, who, within the period limited for his ac-
counting, shall have made no sales of goods or property
of any kind, liable to auction duties, shall make and sub-
scribe an affidavit of those facts, before one of the judges
of the city court aforesaid; and shall transmit a copy of
sard affidavit, certified by said judge, to the treasury with-
in the same time that an account is required to be ren-
dered by the preceding section of this act; and the penal-
ties and disabilities for neglec'ing to make such affidavit,
shall be the same as for the neglect to make the return,
provided for in the preceding section of this act.

Governor not
to nominate
delinquents.

SEC. 7. And be it enacted, That it shall not he lawful
for the Governor to nominate to the Senate for auctioneer,
any person who shall not have settled in full at the trea-
sury office for all amounts due from said person on ac-
count of auction duties, under the act regulating sales by
public auction and its supplements; and this section shall
be in force from and after the passage of this act.

Upon neglect
to bond, com-
mission to be
null and void.

SEC. 8. And be it enacted, That in case any person
who may be commissioned to act as auctioneer, under the
said act and its supplements, shall neglect to take out a
license within twenty days after his commission shall
have been forwarded to him by the Governor, such com-
mission shall be deemed null and void, and it shall be the
duty of the Governor to appoint some other person to
supply the vacancy in the number of auctioneers occa-
sioned by such neglect.

Penalty for
violation.

SEC. 9. And be it enacted, That every auctioneer who
shall sell any goods or property other than such as he is
authorised to sell by the terms of his license, shall forfeit,
for every such article so sold, the sum of fifty dollars, to
be recovered by any person suing for the same before
any justice of the peace of the city of Baltimore, or by
indictment in Baltimore city court.

Boots, shoes
and hats.

SEC. 10. And be it enacted, That the right to sell
wearing appparel, given by the sixth section of the act