8 Sm. 298. for which any goods, wares, merchandise or effects, subject to duty by our auction 29 March 1824 § 2. laws, shall have been sold, either by auction or on commission, from the date of their commission as an auctioneer, or the time the last account was rendered by him, in conformity to this act, of the amount of each day's sale, and the days when the same were respectively sold, and shall attest the same, before any alderman of the proper city, by the following oath or affirmation, as the case may be: do swear and affirm, that the account now exhibited by me, and to which I Form of oath. have subscribed my name, contains a just and true account of all the dutiable goods sold by me, at public sale or on commission, within the time mentioned in the said account, and of the days upon which the same were respectively sold; that I have examined the entries of all the sales mentioned in the said account in the book 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 several auction laws of this commonwealth, according to the best of my knowledge, information and belief." And all and every the partner and partners of any such All partners to auctioneer, shall also make and subscribe an oath, to be indorsed on the said make oath to account, that he or they respectively believe the said account to be correct and true in every particular. account. 22. For the services to be performed by any deputy of the attorney-general, in 27 April 1864 § 1. accordance with the provisions of the eleventh section of the act to which this is P. L. 639. a supplement,(b) the auditor-general is hereby authorized to allow to the said Compensation of deputy, such sum as the auditor-general and attorney-general shall deem reason- deputy attorneyable, to be paid by the auctioneer whose books and papers may have been exam- general. ined. Ibid. § 2. Penalty for contin 23. Any auctioneer, who, after his commission shall have expired, shall continue to do any of the business, which he may have been authorized by said commission to do, shall be liable to all the penalties mentioned in the tenth section of the act, uing business after to which this is a supplement, (c) and shall not be capable of holding a commission expiration of as auctioneer, for five years; and in case a commission shall have issued to such auctioneer, it shall be the duty of the governor forthwith to revoke and annul the same. II. Auctioneers in other parts of the state. license. P. L. 361. 24. When any citizen of this state, who shall have resided in the city of Lan- 7 April 1832 § 1. caster for one year, and shall have paid into the treasury of the commonwealth the sum of five hundred dollars, and filed in the office of the secretary of the com- Terms of commismonwealth, his bond in the penal sum of five thousand dollars, conditioned for the sion in Lancaster. faithful performance of the duties of an auctioneer, and for the payment of all duties and taxes which may become due to the state in consequence of his exercising the trade or occupation of an auctioneer, with two or more sufficient sureties, to be approved of by the judges of the court of common pleas of the county of Lancaster, or any two of them, which approval, together with the fact that the applicant is a citizen and resident of the city of Lancaster, as aforesaid, shall be certified by the said judges on the bond, to be transmitted to the secretary of the commonwealth, the governor shall thereupon grant to such citizen a commission in legal form, authorizing him to make sales by auction, according to law, of all and every kind of merchandise whatsoever, at any place within the limits of the city of Lancaster, for the term of one year from the date of said commission. (d) Ibid. § 2. 25. Auctioneers appointed in pursuance of this act, shall receive and pay to the state treasurer for the use of the commonwealth, the same rates of duties on all To be subject to articles struck off or sold by them, that are required to be received and paid by the laws regulating the auctioneers of the city of Philadelphia, and shall be subject to the same con- auctioneers in Philadelphia. ditions, rules, regulations and restrictions, in all respects, as are imposed by law on the auctioneers of the said city of Philadelphia, except so far as the same may be inconsistent with the provisions of this act. Ibid. § 3. 26. Every auctioneer commissioned in pursuance of this act, shall be at liberty to contract with the person consigning to him property for sale, (for) such com- Contracts for compensation as may be agreed upon by the contracting parties. pensation. Ibid. § 4. 27. It shall not be lawful for any person except auctioneers, commissioned in pursuance of this act, to sell or dispose of, by public outcry or vendue, within the Penalty for selling limits of the city of Lancaster, any description of property whatever (except as is without commishereinafter excepted): ** (e) Provided, That nothing herein contained shall sion. be so construed as to hinder or prevent the sale of horses, cattle, carriages, second- Except in certain hand household and kitchen furniture, farming utensils and mechanics' tools, books or real estate, or the remains of the stock of deceased merchants, or of those who wish to close their business, or such sales as are authorized by the 4th section of an act passed the 23d day of September 1780, entitled "An act to alter cases. repealed all local laws upon the subject; and conse- P. L. 361. 7 April 1832 § 4. and amend an act for the more effectual suppression of auctions and vendues, and to prohibit male persons capable of bearing arms from being hawkers and pedlers." (g) 6 April 1833 § 1. P. L. 170. Not to sell by retail, except in cer tain cases. Ibid. § 2. Persons in busi ness less than six months, not to sell out by auction. Penalty for so doing. Ibid. § 3. Penalties to be recoverable by indictment. 28. If any auctioneer, residing in the city of Lancaster, shall sell or expose to sale by auction any goods, wares or merchandise, by less quantity than the entire piece, package, bale or box, as the same may have been imported or put up by the manufacturer, except such as are enumerated in the first proviso of the fourth section of the act to which this is a supplement, it shall be deemed a violation of his privilege as an auctioneer. 29. No person or persons shall, under pretence of declining business, dispose of his, her or their stock of goods or merchandise, by public auction, in the city of Lancaster, or in any of the towns mentioned in this act, or in the act to which this is a supplement, unless such person or persons shall have resided and been a licensed retailer in the said city or town at least six months immediately preceding such sale; and that, under such pretence of declining business, no person or persons as aforesaid shall dispose of his, her or their stock of goods or merchandise, by public auction, in the said city or towns, more than once in any term of twelve successive months; and that every person or persons offending against this section, shall, upon conviction, forfeit and pay a fine of not less than fifty nor more than five hundred dollars to the commonwealth, and the like proceedings shall be had against such person or persons as are directed by this act, and by the act to which this is a supplement, in cases of auctioneers violating the provisions of the said acts. 30. The mode of proceeding against any person for a violation of the provisions of this act, or the act to which this is a supplement, shall be by indictment in the court of quarter sessions of the proper county, and whenever complaint shall be made to any justice of the peace or alderman of the proper county or city, on oath or affirmation, against any person for violating the provisions of the same, it shall Duty of justices. be his duty to issue a warrant for the apprehension of such person, and compel him to enter into a recognizance, with sufficient sureties, for his appearance at the next court of quarter sessions of the proper county, to answer the said complaint, and any person being thereof duly convicted, shall pay a fine for the use of the commonwealth, of not less than fifty nor more than five hundred dollars, at the discretion of the court, together with the costs of prosecution; and so much of the fourth section of the act to which this is a supplement, as authorizes suit to be brought for the penalty of five hundred dollars, be and the same is hereby repealed, except as to suits now brought and pending. 7 April 1832 § 5. P. L. 362. Auctions in certain boroughs regulated. 12 April 1859 § 1. P. L. 537. Sales by auction prohibited in certain counties. Exceptions. 31. Sales at auction shall be regulated in the boroughs of Harrisburg, Carlisle, Marietta, Columbia and York, Frystown and Buttstown and West Chester, and the borough of Chambersburg, in the same manner as is provided for in the preceding sections of this act, for the city of Lancaster, the auctioneers to be appointed in the same manner, pay the same duties, give the same security, and be liable to the same regulations and penalties.(h) 32. It shall not be lawful for any person or persons within the limits of the counties of Northampton, Dauphin and Lehigh, to expose to sale, and sell at auction or outcry to the highest bidder, any goods, wares or merchandise, not manufactured or produced by him, her or them, within the limits of the said counties of Northampton, Dauphin and Lehigh: Provided, That this act shall not be so construed as to prohibit sales by sheriffs, coroners, constables, executors or administrators, trustees or assignees, or other persons who by law are required to sell by auction: nor shall it be so construed as to prohibit sales at auction of horses, mules or cattle, or any kind of animals, nor carriages, wagons, harness or farming utensils, or mechanical instruments, nor to second-hand household or kitchen furniture; nor shall it be so construed as to prohibit merchants who have been in business in the respective counties for a period of six months prior thereto; nor shall it be so construed as to prohibit mechanics or professional men from selling at auction the tools, books or implements of their trade or calling; nor in any of the foregoing cases, the employment of an auctioneer or agent to do what his, her or their principle may lawfully do. Ibid. § 2. 33. Each and every person offending against the provisions of this act, shall, Penalty. for every such offence, forfeit and pay the sum of fifty dollars, to be recovered How recoverable. before any alderman or justice of the peace in an action of debt, one-half to the (g) The remainder of this section supplied by act April 1833, infra 27-8. (h) These provisions are extended to the borough of Lebanon, the different towns and villages in the county of Lebanon, and the city of Williamsport, by act 6 April 1833, P. L. 171; to the borough of Reading, by act 3 March 1843, P. L. 26; to Schuylkill county, by act 17 April 1846, P. L. 364; to Greene county, by act 12 February 1849, P. L. 51; to Washington county, by act 9 April 1849, P. L. 507; to Lycoming county, by act 13 April 1854, P. L. 328; to the counties of Dauphin, Sullivan, Wyoming and Bucks, by act 20 April 1854, P. L. 418; to Fayette county, by act 12 May 1857, P. L. 471; to Lawrence county, by act 16 March 1859, P. L. 151; to the borough of Strasburg, by act 1 April 1863, P. L. 202; and to the city of Franklin, by act 10 April 1869, P. L. 833. They are repealed as to Uniontown, by act 10 August 1864, P. L. 595. The special acts relating to auctions and auctioneers in the different counties, cities and boroughs of the state, have become too numerous for insertion in the digest, even by way of note; for their provisions, the parties locally interested are referred to the pages of the pamphlet laws. See supra 24, note d. P. L. 587. party who shall bring suit, and one-half to the use of the proper county; and no 12 April 1859 § 2. person shall be disqualified from testifying by reason of any interest he may have as a citizen of such county: Provided, That before any warrant of arrest, or capias, shall issue, to hold the party to bail, the plaintiff, or his or her agent or attorney, shall file an affidavit setting forth the cause of action. Ibid. § 3. 34. All acts and parts of acts of assembly inconsistent with the provisions of this act, are hereby repealed; and laws in force for the collection of debts, shall suits for penalties be held to apply to the institution of suit, and the recovery of the penalty under regulated. this act. III. General provisions. 35. It shall be the duty of each and every citizen within this commonwealth, 1 April 1826 § 5. who has obtained or shall obtain a commission from the governor, authorizing him 9 Sm. 111. to make sales by auction, of household and kitchen furniture, at the dwelling- Auctioneers to house of the owner thereof, or otherwise, to render to the auditor-general a quar- render quarterly terly account, under oath or affirmation, of all effects and property sold by him, designating therein such as were sold by order of executors and administrators, naming the said executors and administrators, and their respective testators or intestates. accounts. Ibid. § 6. testators. 36. Whenever any executor or executors, administrator or administrators, shall expose to sale, at any place or places, within two miles of the state-house in the city of Philadelphia, or within the chartered limits of the city of Pittsburgh, by by auction, to Executors selling way of public auction, vendue or otherwise, any lands, tenements, goods or chat- make known the tels, of their respective testators or intestates, it shall be the duty of the said names of their executor or executors, administrator or administrators, to make known and declare publicly before and on the day, and at the place of sale, the names of their respective testators, or intestates; and if the same be not done by the said Penalty for negexecutor or executors, administrator or administrators, the person or persons conducting, or in anywise concerned in the management of such sale, shall be subject to all the penalties provided in the 6th section of the act passed on the 2d day of April 1822, against any person or persons not duly qualified to use or exercise the business of an auctioneer. lect. Ibid. § 7. on execution or 37. No sheriff, constable or other officer, shall sell or dispose of, by way of vendue, at any place or places, within two miles of the state-house in the city of Sheriffs and conPhiladelphia, or within the chartered limits of the city of Pittsburgh, any lands, stables not to sell tenements, goods or chattels, other than such as are taken in execution, and liable by auction, except to be sold by order of law, or distrained for rent in arrears, and if any sheriff or distress. constable, or other officer, fraudulently or wilfully violate or evade this provision of this act, it shall be deemed to be a misdemeanor in office, for which the offender may be prosecuted by indictment, in any court of competent jurisdiction. Ibid. § 8. 38. If any auctioneer having paid in advance to the treasurer, the sum prescribed by law, shall apply before the expiration of the year for which he shall Auctioneers to have been commissioned, to obtain from the governor, another commission of a have certain allowhigher or more extensive nature as auctioneer, in order to procure which, the law ances on new comrequires a larger sum to be paid to the state treasurer, the said auctioneer shall missions. be allowed, in making such payment, a credit for so much of the sum paid by him in advance, as is proportionate to the unexpired term of his original commission. Ibid. § 3. 39. Each and every commissioned auctioneer within this commonwealth, shall and he is hereby required on all sales of household and kitchen furniture and Duty on sale of wearing apparel, whether the same shall have been in actual use or not, who may furniture and be authorized to make such sales, to demand and receive of the gross amount of wearing apparel. such sales, so made, the sum of one dollar and fifty cents for every hundred dollars thereof, and at and after the same rate for any less sum, and shall account for and pay over the same to the state treasurer, in such manner as is or shall be provided by law, for moneys arising from duties on sale by auction: Provided, That the duty of one dollar and fifty cents on one hundred dollars' worth of household and kitchen furniture and wearing apparel, which shall actually have been in use, and which shall be sold as in this section mentioned, shall not be demanded or received by any such auctioneer, unless the entire amount of the sales of said goods, being the property of any one person, or more than one person in common, and by him sold at any one time, and at intervals of not less than three months, shall exceed the sum of one hundred dollars; but such auctioneer shall nevertheless make return, upon oath or affirmation, of all such sales, in the usual manner according to law. 40. If any person or persons whatsoever shall give or sell any rum, wine or other 9 Feb. 1750-1 § 4. strong liquors, at the time of any such vendue, to any person or persons attending 5 Sm. 897. the same, he, she or they so selling or giving any liquors, shall forfeit and pay for Penalty for giving the first offence, the sum of four pounds, and for the second and every other liquors at auctions. offence, the sum of five pounds. 41. Every of the fines and forfeitures accruing or becoming due, for offences Ibid. § 5. against this act, shall be paid, one-half to the overseers of the poor, for the use of Fines, how recovthe poor of the township within which such offence may be committed, and the other erable. 5 Sm. 897. 9 Feb. 1750-1 § 5. half to the use of him or them who shall inform or sue for the same, before any justice of the peace of this province, who is hereby empowered and authorized to hear and determine the same, and to convict the offender or offenders, either on his own view, or by the legal testimony of one or more witnesses; saving to every such offender or offenders the right of appeal in like manner as is provided in and by an act entitled "An act for the more easy and speedy recovery of small debts;" which fines and forfeitures shall be recovered by distress and sale of the offender's goods, or for want of such distress, if the offender refuse to pay, he, she or they shall be committed to prison for every such fine, where the same is twenty shillings, the space of eight days, without bail or mainprise, and so in proportion for any of the greater fines. Ibid. § 6. Limitation. 1 April 1826 § 4. 9 Sm. 110. Duty on auction sales. . 19 March 1789 § 3. 2 Sm. 481. 42. Provided, That every such conviction be made within one month after such offence or offences are committed. 43. All and every of the auctioneers within this commonwealth, shall, in lieu of the sums they are now required to demand and receive, on the gross amount of sales made of dutiable articles, hereby are required to demand and receive on the amount aforesaid, one dollar and fifty cents for every hundred dollars of such amount, and at and after the same rate for any less sum, and they shall account for and pay over the same in the usual manner. 44. No duty shall be paid on the sale of any real estate, * * nor any ship or vessel, the property of any subject or subjects of the United States, or any of them. 30 March 1811 § 27. 45. The accounts of the auctioneers for duties received by them for the use of 5 Sm. 234. the commonwealth, shall be settled quarter-yearly, and the amount found due on Settlement of auc- such settlement shall be immediately paid into the state treasury; but if any auctioneers' accounts. tioneer or auctioneers shall neglect or refuse to pay into the state treasury, or dePenalty for negposit [in the Bank of Pennsylvania] to the credit of the commonwealth, within one lecting to pay over month after the expiration of such quarter, the amount so found due the commonto state treasurer. wealth, the commission or commissions of such auctioneer or auctioneers shall from henceforth cease, determine and become absolutely void, and another person shall be appointed in his or their place; and the state treasurer shall moreover immediately proceed against the delinquent auctioneer or auctioneers, and their sureties, for the recovery of the moneys so found due from him or them, in the same manner as he is authorized to do in other cases; (i) and it is hereby made the duty of the auditor-general to report to the governor any such failure on the part of the auctioneer. 24 Feb. 1847 § 2. P. L. 164. Violations of auction laws to be punishable by indictment. Ibid. § 3. to prosecute. 46. The mode of proceeding against any person for a violation of any of the provisions of the laws relating to auctions and auctioneers, shall be by indictment in the court of quarter sessions of the proper county; and whenever complaints shall be made to any justice of the peace or alderman of the proper county or city on oath or affirmation, against any person for violating the provisions of the same, it shall be his duty to issue a warrant for the apprehension of such person, and compel him to enter a recognizance, with sufficient sureties, for his appearance at the next court of quarter sessions of the proper county, to answer the said complaint; and any person being thereof duly convicted, shall pay a fine of not less than three hundred nor more than one thousand dollars, for each and every offence, at the discretion of the court, together with the costs of prosecution; one-third of which fine shall go to the use of the person or persons lodging the information, and the residue shall be for the use of the commonwealth. 47. It shall be the duty of the attorney-general, or his deputy for the proper Attorney-general county, upon complaint to either of them made, under oath or affirmation, of a violation of any of the provisions of the laws relating to auctions and auctioneers, or under the direction of the auditor-general or state treasurer, to prepare a bill of indictment against the offender or offenders, and present the same to the grand jury then in session, or to the next grand jury which shall assemble in and for the county in which such violation may have taken place; and the attorney-general, His compensation. Or his deputy, as the case may be, shall be allowed by the auditor-general a compensation, out of the amount collected, not exceeding ten per cent on the 19 May 1871 § 1. P. L. 270. Tax on auction sales of foreign merchandise. Ibid. § 2. Tax on commissions. same. 48. The tax or duty payable by auctioneers upon sales of goods, wares or merchandise of foreign growth or manufacture, by virtue of any law of this commonwealth, shall be no greater than upon similar sales of goods, wares or merchandise of American growth or manufacture; and all former laws or parts of laws at variance with this act shall be and are hereby repealed. 49. The amounts to be paid for commissions, for one year, as auctioneers in this commonwealth, shall be as follows, viz.: For a commission of the first class, three thousand dollars. For a commission of the second class, two thousand dollars. For a commission of the third class, twelve hundred and fifty dollars. For a commission of the fourth class, seven hundred and fifty dollars. (i) A neglect to proceed will not invalidate the bond. Dallas v. Chaloner's Executors, 3 Dall. 500. 50. Auctioneers shall be rated with merchandise brokers, and in lieu of all 26 June 1873 § 1. commissions heretofore directed to be paid by them, shall pay, in the same man- P. L. 382. ner as brokers, a license tax similar to that paid by said brokers, and no other: License fees. Provided, That no auctioneer's license shall be issued for the city and county of Philadelphia for a less sum than five hundred dollars, and all former laws or parts of laws at variance with this act, or prescribing other forms, shall be and are hereby repealed.(k) AUDITOR-GENERAL. [See BANKING COMPANIES, VIII.; COUNTY TREASURER; DEFAULTING PUBLIC OFFICERS; PUBLIC ACCOUNTS.] 1. ELECTION OF AUDITOR-GENERAL. 1. To be elected every three years. 2. To be commissioned by the governor. When term of office to commence. Powers and duties. 3. Elections regulated. Vacancies, how filled 4. Repealing section. 5. To be sworn, and to give bond. 6. Salary. 7. Increase of salary allowed. 8. Vacancy occurring before commencement of term. 9. To be filled by election. 10. Return. 12. To recover moneys due the state: employ counsel. 13. Powers extended. May require affidavits. 14. Manufacturing and mining companies to report to auditor-general. His duties in relation thereto. 15. To settle accounts of superintendent of public printing. 16. And all accounts for printing and binding. 17. His duties in relation to property defeasibly held. 18. To print annual reports. I. Election of auditor-general. P. L. 434. To be elected every three years. Ibid. § 2. 1. The qualified voters of this commonwealth shall choose by ballot one per- 9 April 1850 § 1. son to fill the office of auditor-general, *** on the second Tuesday of October, Anno Domini 1850, and at their general election every third year thereafter. (1) 2. The auditor-general *** elected in pursuance of the first section of this act, shall be commissioned by the governor of this commonwealth, and shall assume To be commisthe duties of their [respective] offices on the first Tuesday of May next ensuing sioned by the govtheir election, and shall possess all the powers granted, perform all the duties, and ernor. be subject to all the penalties imposed by the existing laws of this commonwealth When term of relating to auditor-general. * * office to commence. Ibid. § 3. Elections regu 3. The general election laws now in force for the choice of a governor of this commonwealth, shall regulate the elections of auditor-general * * * and in case any vacancy should occur in [either of] said offices, by death, resignation or lated. otherwise, the same shall be filled by appointment of the governor; and the per- Vacancies, how son so appointed shall continue in office until the end of the term for which his filled. predecessor was elected. 4. So much of the act of 29th of March, Anno Domini 1809, so much of the act of 30th of March 1811, and so much of any other act or acts of assembly now in force as relates to the appointment of an auditor-general * * * by the governor, be and the same is hereby repealed. Ibid. § 4. Repealing section. 5 Sm. 238. 5. The auditor-general, before he enters upon the duties of his office, shall take 30 March 1811 § 43. the oaths or affirmations of office, agreeably to the directions of the constitution of the United States and this commonwealth, and become bound in an obligation To be sworn, and with two or more sureties to be approved by the governor, in the sum of five to give bond. thousand dollars, conditioned for the true and faithful performance of the trusts confided and duties enjoined and required by law to be performed by him. P. L. 324. 6. The salary of the auditor-general shall be fourteen hundred dollars:(m) * * * 17 April 1843 § 4. Provided, That the salaries of the aforesaid officers shall be payable quarterly at the treasury of the commonwealth. Salary. P. L. 35. 7. The auditor-general and state treasurer shall each receive, in addition to the 5 Feb. 1850 § 1. salaries now allowed said officers by law, the sum of three hundred dollars per annum for their services respectively, [as commissioners of the internal improvement fund, and] as commissioners of the sinking fund.(m) P. L. 32. 8. In case of the death of any person elected to the office of auditor-general 1 April 1972 § 1. between the day of his election and the first Tuesday of May next ensuing, such vacancy shall be filled by the incumbent of the office at the time being, until his successor shall be regularly elected and qualified. (k) This act repeals all local laws relating to auctioneers. Nash v. Commonwealth, 2 C. P. 239. See Commonwealth v. Crall, 2 C. C. 240. An auctioneer's license must be issued by the county treasurer. Commonwealth v. Cotton, 36 L. I. 496. (1) See Const., art. IV. § 21. Vacancy occurring before commencement of term. (m) For the present salary of the auditor-general, see tit. "Salaries." |