« SebelumnyaLanjutkan »
ATTORNEYS IN FACT.
1. Letters of attorney, how proved. Effect thereof.
6. Letters of attorney may be recorded. How proved or acknowledged.
7. Officers of other states may take acknowledgments. Proof of authority.
8. Deeds defectively executed under powers of attorney contirmed.
Letters of attorney, how proved.
Lands may be con
Of the revocation of letters of
P. L. 195.
1705 $ 2. 1 Sm. 69.
1. All and every bonds, specialties, letters of attorney, and other powers in writing, which shall be produced in any court, or before any magistrate in this province, the execution whereof being proved(0) by two or more of the.witnesses thereunto, before any mayor or city magistrate or officer(p) of the cities, towns or places, where such bonds, letters of attorney or other writings are or shall be made or executed, and accordingly certified under the common or public seal of the cities, towns or places where the said bonds, letters of attorney, or other writings are so proved respectively, shall be taken and adjudged as sufficient in law, as if the witnesses therein named had been present, and such certification() shall be
sufficient evidence to the court and jury for the proof thereof. Ibid ş3. 2. All sales or conveyances of lands, tenements or hereditaments, which shall
hereafter be made by virtue of any letters or powers of attorney or agency, duly veyed by letter of executed, which do or shall expressly give power to sell lands or other estates, and attorney. be certified to have been proved as aforesaid, or shall be proved in this province
before any justice of the peace, by one or more of the witnesses thereto, shall be good and effectual in law, to all intents, constructions and purposes whatsoever, as if the said constituent or constituents had, by their own deeds, bargains and sales,
actually and really sold and conveyed the same. Ibid. $ 4. 3. Provided always, That no sale of lands, tenements and hereditaments, made
by virtue of such power or powers of attorney or agency as aforesaid, shall be
good and effectual, unless such sale be made and executed while such power is in attorney. force; and all such powers shall be accounted, deemed and taken to be in force,
until the attorney or agent shall have due notice of a countermand, revocation or
death of the constituent.(r) 14 March 1850 $ 1. 4. Any trustee, executor or other person acting in a fiduciary character, with
power to convey lands or tenements in Pennsylvania, may make conveyance under Trustees, &c., may such power by and through an attorney or attorneys duly constituted, and such convey by attor
conveyance shall be of the same validity as if executed personally by the constituent; and all conveyances so heretofore bonâ fide made by such trustees, are hereby confirmed: Provided, That nothing herein contained shall authorize any person so acting in a fiduciary character, to delegate to others the discretion vested in him
self for the general management of his trust. Ibid. § 2.
5. All powers of sale contained in any instrument which has heretofore been
made or delivered by any person or persons, to his, her or their agent or attorney Sales may be public or private. in fact, and all powers to sell or let real estate on ground-rent, contained in any
deed, will or other instrument heretofore executed, shall be deemed and taken to authorize sales, conveyances and leases, either public or private, unless expressly restricted by the instrument to one or the other mode, and all private sales hereto
fore bonâ fide made under such powers are hereby confirmed. 14 Dec. 1551 $ 1. 6. All letters of attorney authorizing contracts to be made, the adjustment of
accounts, the sale of stocks and personal estate, the receipt of moneys, or the disLetters of attorney charge and acquittance of legacies, or distributive shares, when executed, proved may be recorded.
or acknowledged in other states or foreign countries, by any person, or husband
and wife, in manner authorized to allow letters of attorney for the conveyance of How proved or ac- real estate to be put on record, or if proved or acknowledged in like manner before knowledged.
any minister, consul or vice-consul of the United States, or officer thereof exercising ministerial or consular functions, or before a notary public in foreign countries and duly certified under his official seal, may be placed of record in the recorder of deeds' office, in any county where the powers conferred by such letters are intended to be exercised, and receivable in evidence in courts of justice, as also the exemplifications from the record thereof, when the originals shall have been lost.
P. L. 724.
(6) An acknowledgment by the constituent is suffi- (9) Proof of the seal is dispensed with by act 3 cient. Milligan v. Dickson, Pet. C. C. 133. Blythe v. April 1810, § 1. P. L. 233. Richards, 10 S. & R. 265. Costen's Appeal, 13 P. S. R. (r) A bonâ fide purchaser, without notice, would be 292.
protected, notwithstanding a revocation, of which the (p) Proof before a notary public is not sufficient. constituents had taken no steps to give notice. Mor. Griffith v. Black, 10 S. & R. 162. It may be made be- gan v. Stell, 5 Binn. 305. fore a consul or vice-consul, by act 16 January 1827, § 1. 9 Sm. 255.
P. L. 724.
7. Any and every grant, bargain and sale, release or other deed of conveyance 14 Dec. 1854 8 3. or assurance of any lands, tenements or hereditaments in this commonwealth, and any power or powers of attorney to make and execute such sale, conveyance, mort- Officers of other gage or transfer of any lands, tenements or hereditaments in this commonwealth, states may take acmade and executed in any of the United States, may be recorded in the county in knowledgments. which such lands, tenements and hereditaments are situated, if the acknowledgment thereof be taken in due form before any officer or magistrate of the state wherein such deed, et cetera, is executed, authorized by the laws of said state to take the acknowledgment of deeds or other instruments of writing therein; and the proof of such authority shall be the certificate of the clerk or prothonotary of Proof of authority. any court of record in such state, that the officer or magistrate so taking such acknowledgment, is duly qualified by law to take the same.
8. Whenever any deed of conveyance or other instrument of writing has been 20 March 1960 $ 1. heretofore executed or acknowledged, or both, under any power sufficiently authorizing the same, which power shall have been recited in said deed or other instrument, Deeds defectively shall have been informally executed by an attorney, in his own name, reciting executed under his authority, instead of being executed in the name of the principal or prin- pontor of attorney cipals
, such deed or instrument shall be taken to be of the same validity and effect as if executed in the name and behalf of the principal or principals, as a party or parties thereunto:(8) Provided, That no case heretofore decided judicially shall be affected by this act.
P. L. 204.
I. AUCTIONEERS IN PHILADELPHIA AND II. IN OTHER PARTS OF THE STATE. ALLEGHENY.
24. Terms of commissions in Lancaster.
25. To be subject to the laws regulating auctioneers 1. Terms of auctioneers' commission of the first
in Philadelphia: class.
26. Auctioneers may contract for compensation. 2. Second class.
27. Penalty for selling without commission. 3. Third class.
28. Not to sell by retail, except in certain cases. 4. Fourth class.
29. Persons in business less than six months, not 5. Fifth class. Percentage on sales exceeding to sell out by auction. Penalty for so doing. amount authorized by commission. 6. Sixth class, in Philadelphia.
30. Penalties to be recoverable by indictment.
Duty of justices. 7. Tax on sales. Return to be made quarterly on
31. Auctions in certain boroughs regulated. oath. 8. Oath. Annual reports.
32. Sales by auction prohibited in certain counties.
Exceptions. 9. Yo person to sell by auction unless commissioned. Judicial sales excepted.
33. Penalty. How recoverable.
34. Suits for penalties regulated. 10. Penalty for selling without commission.
11. To have but one auction store. Place of business and names of partners to be filed with recorder.
III. GENERAL PROVISIONS. What goods may be sold at other places than the auction store. Penalty for violation of this section.
35. Auctioneers to render quarterly accounts. 12. Attorney-general to have power to examine 36. Executors selling by auction, to make known auctioneers' books. To report to auditor-general. the names of their testators. Penalty for neglect. Fees. Penalty for refusing to permit such examina- 37. Sheriffs and constables not to sell by auction,
except on execution or distress. 13. Repeal of former laws.
38. Auctioneers to have certain allowances. 11. Auctioneers in Allegheny county regulated. 39. Duty on sale of furniture and wearing apparel. 15. Auctioneers not to purchase at their own sales. 40. Penalty for giving liquors at auctions. 16. Commissions to be renewed annually.
41. Fines, how recoverable. 17. Bond to be renewed every three years.
42. Limitation of prosecution. 18. Commission to be void on neglect to make pay- 43. Duty on auction sales. ments to state treasurer.
44. No duty to be paid on real estate or vessels. 19. Auctioneers not to be associated with commis- 45. Settlement of auctioneers' accounts. Penalty sion merchants. Nor to hold sales at certain places. for neglecting to pay over to state treasurer.
20. Auctioneers to keep a registry. To pay duty 46. Violations to be punishable by indictment. on goods sold on commission.
47. Attorney-general to prosecute. His compensa21. To render quarterly account under oath. Form tion. of oath. All parties to make oath to account.
48. Tax on auction sales of foreign merchandise. 2. Compensation of deputy attorney-general.
49. Tax on commissions. 23. Penalty for continuing business after expira- 50. License tax.
tion of license.
I. Auctioneers in Philadelphia and Allegheny. 1. Upon any citizen of the United States and of the state of Pennsylvania, pay- 9 April 1859 $ 1. ing into the state treasury the sum of two thousand dollars, and giving bonds (i) in the sum of five thousand (dollars,) with two or more sufficient securities, to ered, by letter of attorney from the committee of a (8) This embraces the case of one who was empow- (t) The act of 2 April 1822 provides, that the bonds
P. L. 435,
shall be “conditioned for the faithful performance of 1. Warner, 51 P. S. 276.
in consequence of his exercising the trade or occupa
lunatic, to sell the lunatic's real estate, and who con
P. L. 435.
Terms of auc
sion of the first class.
9 April 1959 $ 1. be approved of by the judges of the court of common pleas of the city of Phila
delphia, the governor(u) thereupon shall grant him a commission of the first class,
for one year, to make sales by auction or by public outcry, or on commission,(v) tioneer's commis- of real estate, stock, vessels, loans, and of any and every description of merchan
dise and personal property whatsoever, and to any amount, in the city of Phila
delphia. Ibid. $ 2.
2. Upon any citizen as aforesaid paying into the state treasury the sum of fifteen hundred dollars, and giving bonds, with securities as aforesaid, the governor shall grant him a commission of the second class, for one year, to make sales, in said city, by auction or by public outcry, or on commission, of real estate, stocks, loans, vessels, and of any and every description of merchandise and personal property whatsoever; providing the sales so made of merchandise and personal property, in any one year, does not exceed the sum of seven hundred and fifty
thousand dollars. Ibid. $ 3. 3. Upon any citizen as aforesaid paying into the state treasury the sum of one
thousand dollars, and giving bonds, with securities, in the sum of three thousand dollars, the governor shall grant him a commission of the third class, for one year, to make sales, in said city, by auction or by public outcry, or on commission, of real estate, stocks, loans, vessels, and of any and every description of merchandise and personal property whatsoever; providing the sales so made of merchandise and personal property, in any one year, does not exceed the sum of five hundred thou
sand dollars. Ibid $ 4.
4. Upon any citizen as aforesaid paying into the state treasury the sum of five
hundred dollars, and giving bonds as aforesaid, the governor shall grant him a Fourth class,
commission of the fourth class, for one year, to make sale by auction or by public outery, or on commission, of real estate, stocks, loans, vessels, and of any and every description of merchandise and personal property whatsoever; providing the sales so made of merchandise and personal property, in any one year, does not
exceed the sum of two hundred and fifty thousand dollars. Ibid. $ 5. 5. Any citizen as aforesaid residing and doing business not less than five miles
from Independence Hall, in the city of Philadelphia, paying into the state treasury the sum of one hundred dollars, and giving bonds, with securities, in the sum of two thousand dollars, the governor, thereupon, shall grant him a commission of the fifth class, for one year, to make sales, in said city, by auction or by public outcry, or on commission, of real estate, stocks, loans, vessels, and of any and every description of merchandise and personal property whatsoever; providing the sales so made
of merchandise and personal property, in any one year, does not exceed the sum of Percentage on fifty thousand dollars; Provided, That in case the sale of any auctioneer taking sales exceeding out a commission under the second, third, fourth or fifth class, shall exceed the by commission.
maximum amount authorized by this act, he shall pay into the state treasury, at the close of each year in which his sales shall so exceed said maximum, the sum of one-half of one per cent on the amount of such surplus sales, in addition to the
amount paid for his original commission. 25 March 1873 $ 1. 6. Upon any citizen of the United States, and of the state of Pennsylvania,
paying into the state treasury the sum of five hundred dollars, and giving bonds
in the sum of two thousand dollars, with two or more sufficient securities, to be Philadelphia. approved of by the judges of the court of common pleas in the city of Philadelphia,
the governor thereupon shall grant him a commission of the sixth class, for one year, to make sales, to any amount, by auction or by public outcry, or on commission, in said city, of horses, cattle and live-stock of all descriptions, and vehicles of all kinds, together with all articles used therewith, or connected with the keep
ing of them. 9 April 1859 $ 6. 7. Said auctioneers shall pay into the treasury of the commonwealth a tax or
duty of one-fourth of one per centum on all sales of loans or stock, and shall also pay into the treasury aforesaid a tax or duty, as required by existing laws, on all other sales to be made as aforesaid, except on groceries, goods, wares and mera
chandise of American growth or manufacture, real estate, shipping or live-stock; Return to be made and it shall be the duty of the auctioneer having charge of such sales to collect quarterly on oath. and pay over to the state treasurer the said duty or tax, and give a true and correct
account of the same, quarterly, under oath or affirmation, in the form now required
by law.(w) Ibid. $ 7.
8. That any citizen obtaining an auctioneer's commission of either class in the city of Philadelphia, or county of Allegheny, at the time of taking out said commission, be compelled to make oath that he will conform, in all things, to the true
intent and meaning of the several auction laws of this commonwealth, according tion of an auctioneer." 7 Sm. 593. An auctioneer's auctioneers, see Commonwealth v. Crall, 2 C. C. bond is a security for his private customers, as well as for the duties payable to the state. Yard v. Lea, 3 (v) A licensed auctioneer, in the city of PhiladelY. 335; s. c. 4 Dalì. 95. Davis v. Commonwealth, 3 phia, who advances money on goods, and charges W. 297. The person who first brings suit is entitled commissions on such advances, is liable to the pay: to priority of payment. McKean v. Shannon, 1 Binn. ment of a pawnbroker's license, under the city ordi370. Dallas v. Chaloner's Executors. 3 Dall. 501.
Hunt v. Philadelphia, 35 P. S. 277. (u) See Commonwealth v. Cotton, 14 Phila. 667. (w) See infra 50, as to the license tax upon aucFor a list of local statutes relating to auctions and tioneers, in lieu of commissions on sales.
P. L. 405.
Sixth class, in
P. L. 136.
Tax on sales.
P. L, 436.
To have but one
to the best of his knowledge, information and belief; and shall also make return, 9 April 1859 $ 7. at least once each and every year, to the state treasurer, of the total amount of sales made by him at auction, or on commission, of merchandise and personal Annual reports. property, the same to be a true and correct account, under oath or affirmation, before an alderman or justice of the peace of the said city or county.
9. It shall not be lawful for any person or persons to make sales by auction or Ibid. § S. by public outery in the city of Philadelphia or county of Allegheny, of real estate, No person to sell stocks, loans, vessels, merchandise and personal property of any description, except by auction unless it be by a duly commissioned auctioneer of the said city or county: Provided, commissioned. That this act shall not be so construed as to interfere with any sales authorized by
excepted. the courts of said city or county, or in consequence of any legal proceeding whatever, or of personal property sold in consequence of the owner declining business or housekeeping
10. Any person or persons found guilty of selling at auction or public outery in Ibid. $ 9. the city of Philadelphia or county of Allegheny, except a duly commissioned
Penalty for selling auctioneer, shall be deemed guilty of a misdemeanor, and upon the conviction without commisthereof in the court of quarter sessions of the peace of the said city or county, sion. be sentenced to pay a fine of five hundred dollars, one-half to go to the informer, and the other half to go to the public-school fund of the city or district wherein the offence was committed; and for the second offence he shall be sentenced to pay a like fine, and undergo an imprisonment in the county jail for thirty days, the fine to be applied as in the first offence.(r).
11. No auctioneer in the city of Philadelphia, or county of Allegheny, shall, at Ibid. $ 10. the same time have more than one house or store for the purpose of holding an auction z(y) and every auctioneer in said city or county shall designate, in writing, auction store. such house or store, and also his partner or partners, if any, engaged with him in Place of business his said business, which said writing shall be deposited by such auctioneer with and naines of
partthe recorder of deeds of the proper city or county; and no auctioneer shall with recordier: expose to sale, by public auction or vendue, in said city or county, any goods, wares or merchandise, or effects whatsoever, at any other places than in the said What goods may houses and stores respectively to be designated as aforesaid, except goods, wares places than the or merchandise which shall be sold in the original package in which they are auction store. imported, domestic dry-goods in original packages as they come from the manufacturers, stocks of dry-goods, groceries, cabinet-furniture, crockery and glassware at the warehouses or stores of the owners, the removal of which, to the auction stores, would be attended with risk and expense to the owners, goods of persons deceased, or of persons who are bonâ fide declining business, household-furniture, musical instruments, live-stock, carriages and such like articles as have been usually sold at auction in warehouses, or in public streets or wharves, or sales authorized by the courts of said city or county, or in consequence of any legal proceeding whatever. And if any auctioneer in said city or county shall enter Penalty for violaupon the execution of his office, or shall permit any person to act in his behalf, tion of this section. without designating his said house or store, or his partner or partners, if any, in the manner and form herein prescribed, or shall hold any auction at any other place than the place so designated, except for the sale of the articles hereinbefore excepted, he shall be deemed guilty of a misdemeanor, and on conviction, shall be fined in a sum not exceeding three hundred dollars; and it shall be the duty of the court before whom each conviction is had, to transmit forthwith a report thereof to the governor of the commonwealth, who is hereby authorized, in his discretion, to inhibit the person so convicted from acting as an auctioneer so long as such inhibition shall continue.
1.2. In case the attorney-general shall have reason to believe that any persons Ibid. & 11. acting under a commission as an anctioneer aforesaid, has failed to make a just and full return of the amount of his sales, as required by this act, it shall be the to have power to
Attorney-general duty of the said attorney-general, either in person or by deputy duly authorized, examine auctionto call at the regular place of business of said auctioneer, and make an examina- eer's books. tion of his books and papers, for the purpose of ascertaining the true amount of said sales ; and with this view said officer or his deputy shall have authority to administer oaths and examine witnesses; and it shall be his duty, immediately upon the completion of such examination, to report to the auditor-general the amount of sales thus ascertained to be made by said auctioneer, during each quarter, subject
To report to audi
tor-general. to the payment of the state tax or duty, specifying the different classes of such sales; for which service the said attorney-general, or his deputy, shall be authorized to demand and receive from said auctioneer, a fee of ten dollars, if in the city Foes. of Philadelphia, and five dollars, if elsewhere. In each case, and in case any Penalty for refusauctioneer shall refuse to permit such examination, it shall be the duty of said ing to permit such officer to report the fact to the governor, who shall thereupon revoke and amul examination. the commission of such offending auctioneer. 13. That all former auction laws and parts of laws relating to auctions and
Ibid. $ 12.
(2) See infra 25.
See Commonwealth v. Cotton,
wealth, 12 S. & R. 213. ture is indictable within the act. Keeping a separate store for the sale of furni- 1 Chest. Co. R. 77.
Wood v. Common
P. L. 436.
Auctioneers in Al
2 Sm. 87.
7 Sm. 593.
Bond to be re
9 April 1859 $ 12. auctioneers for the city and county of Philadelphia, or county of Allegheny, con
flicting with the provisions of this act, be and the same are hereby repealed: Repeal of former And provided, That the provisions of this act shall only extend to the city and
county of Philadelphia and county of Allegheny. Ibid. § 13. 14. Auctioneers in the county of Allegheny shall be commissioned in the same
manner and on the same terms as is provided in this act in relation to auctioneers legheny county
in the city of Philadelphia, and shall be subject to the same regulations: Proregulated. rided, That those doing business in the city of Allegheny shall pay but one-half
the rate for commissions established for those doing business in Philadelphia ; and that those doing business in said county and not in any city, shall pay onefourth the rates aforesaid: And provided further, That the state tax or duty upon sales of loans or stocks within said county, shall be one-eighth of one per centum,
and on all other sales, the amounts specified in this act. 9 Dec. 1793 $ 3.
15. If any auctioneer or auctioneers, appointed under this act, or any person
or persons by his or their directions, shall at any time hereafter purchase on Auctioneers not to account, or for the use of the said auctioneers, or any of them, at his or their purchase at their respective auctions, any goods, wares or merchandise, and the same be proved on own sales.
the oath of one or more credible witness or witnesses, before the justices of the quarter sessions in the city or county of Philadelphia ; such auctioneer shall forfeit and pay the sum of five hundred pounds, one-half for the use of the state, and the other for the use of the person who informs and proves the buying aforesaid, to be recovered in any court of record in this state, and shall moreover be rendered
incapable thereafter to serve in any post of honor or profit in this state. 2 April 1922 $ 2. 16. For each and every succeeding year, during which the holder of any com
mission or license granted as aforesaid, shall continue to use and exercise the busiCommission to beness of an auctioneer, he shall pay or cause to be paid in advance to the state renewed annually. treasurer a like sum to that which he paid on obtaining such commission; and if
any person shall die before the expiration of the time for which he shall have been commissioned, the benefits of the unexpired tin of the commission shall be continued to his legal representatives, on application to the governor for that
purpose. Ibid. $ 4. 17. At the end of every three years, every person holding the commission of an
auctioneer shall renew his bond and sureties, (z) and it shall be in the power, newed every three and it shall be the duty of the governor, at all times, to judge of the validity of
the sureties offered or given, and to accept or reject the same, and whenever, in his judgment, it shall become requisite for the security of the state that new sureties should be substituted for, or added to those given by any auctioneer, and he shall fail, on one month's notice, to give such other or further security as shall be deemed sufficient, such auctioneer shall cease from all further use or exercise of his business as an auctioneer, under such penalty as is provided by this act against
persons unlawfully exercising or using the said business. Ibid. & 5. 18. In case any holder of a commission under this act shall neglect or refuse to Commission to be pay the sum or sums of money at the time and in the manner directed in this act, void on neglect to or shall neglect or refuse to render to the state treasurer a quarterly account of make payınents to all the effects and property subject to duty sold by him, and to pay to said treas
urer the amount of duties payable on such sale or sales, according to the provisions of the several acts of assembly in such case made and provided, the said holder of a commission as aforesaid, shall immediately cease to use and exercise the business of an auctioneer, under the penalties hereinafter imposed, by the 5th section of
this act, upon persons unlawfully using or exercising the said business. Ibid. $ 7. 19. It shall not be lawful for any auctioneer to associate with him in any man
ner whatever, a commission-merchant who shall derive profit or advantage from ated with commis- the sale of any goods at auction, or farm out the office to another, nor deprive sion-merchants.
profit or advantage from any sales by auction that are not personally superinNor to hold sales tended by himself or his known clerk; (nor shall any auctioneer hold sales at at certain places. the stores of any other person following the business of receiving furniture or
goods, for the purpose of selling them by auction, nor at any place but his known sale-room, except it be furniture or goods at the dwelling-house or store of the owner, cargoes on board vessels, or landed on the wharves, or stored in the warehouses of the owners of such goods], under the same forfeitures which are
imposed by the sixth section of this act.(a) 29 March 1924 $ 1. 20. It shall be the duty of each and every auctioneer, in the cities of Philadel
phia and Pittsburgh, to keep a book or register, in which shall be entered all goods To keep a registry. sold by him ; and they shall pay the same percentage on all goods sold on comDuty on sales on commission.
mission, that they are bound by existing laws to pay on goods sold by auction. Ibid. & 2.
21. Each and every auctioneer of the cities of Philadelphia and Pittsburgh shall, within twenty days after the first of September, December, March and
June of the year for which he shall have been commissioned, render to the terly account, un
Not to be associ.
6 Sm. 298.
To render quar
auditor-general a true and particular account, in writing, of the moneys or sums (2) Under the preceding section, the auctioneer has Daly v. Commonwealth, 75 P. S. 331 ; s. c. 9 Phila. the right to renew his license annually, and the bond 07. is a continuing security for the term of three years. (a) The penalty is $500 for the first offence, and
$1000 for the second. 7 Sm. 594.