ney as fhall be due to the United States, upon the faid fales, according to the true intent and. meaning of this act, which fums he is hereby authorized and directed to retain, out of the produce of each fale made as aforefaid. And a like notice and bond fhall be given in like Penalty on manner, as often as any fuch licenfe, or fpecial neglecting authorities fhall have expired and been renewbond. ed. And if any perfon fhall, after the faid to give Supervifors enfes. thirtieth day of September next, by virtue or color of any fuch licenfe, or fpecial authority, as aforefaid, make any fale or fales at auction, without having given bond, as aforefaid, within the time for that purpose prescribed, or without renewing fuch bond upon the expiration and renewal of any fuch license, or special authority, he shall forfeit and pay for every fuch fale by him made, the fum of four hundred dollars, together with the fums or duties payable by this act, upon the estates, goods or effects fo fold. Sec. 4. And be it further enacted, That the to grant li- feveral fupervisors of the revenue may, within their refpective diftricts, and, upon requeft of any person or perfons defirous thereof, fhall grant licenfes, without fee or reward, for a term not exceeding one year, at one time, to exercise the trade or bufinefs of an auctioneer; and fuch licenses, upon like request, may and fhall, from time to time, renew: Provided, That no fuch license shall be granted or renewed until the perfon or perfons requesting the fame, fhall have become bound to the United States, with one or more fureties, to the fatisfaction of the fupervifor, of whom fuch licenfe fhall be requested, in the fum of one thousand five hundred dollars, with like condition as is herein before prefcribed for perfons having licenses Exceptions. by virtue of fome law of a state: And provided further, That no fuch licenfe fhall be granted to carry on the said trade or business, in any city, town or country of any state, in refpect to which, provifion hath been made by any law of fuch ftate, for the allowing and regulating of the faid trade and bufinefs therein. having Sec. 5. And be it further enacted, That Perfons every perfon who fhall have a licenfe from a fupervi- cenic for of the revenue, continuing in force, fhall and may retain, in order to the payment of the duties hereby impofed, all fuch fum and fums of money, as fhall be due and payable upon any To referve eftates, goods or effects by him fold at auction as aforefaid, according to the true intent and meaning of this act. a fum to pay duties. and duties paid. Sec. 6. And be it further enacted, That the Accounts accounts to be rendered and the duties to be, to whom from time to time, paid as aforefaid, by any rendered &; auctioneer, fhall be rendered and paid to the inspector of the revenue, within whose survey fuch auctioneer, fhall exercise his faid trade or business, or to his deputy duly appointed under his hand and feal, and fuch auctioneer fhall make oath or affirmation, according to the best of his knowledge and belief, to the truth of every account, which he fhall render before the officer or perfon, to whom fuch account shall be rendered, and who is hereby authorized to administer the faid oath or affirmation, in default of which, fuch account fhall not be Duty of deemed to be duly rendered, according to the auctioneers condition of the bond of fuch auctioneer. And as to keeping acto the end that fuch accounts may be accurate ly kept and rendered, it is hereby made the duty of every auctioneer to enter, from day to day, as often as any fale fhall be made, in a book, or on a paper to be kept by him for that purpose, counts, &c. When fupervifor hall deli ver up bonds, or profecute the fame. Sales of land, &c. becoming void.. the amount and particulars of the respective fales by him made; which book or paper shall, at all reasonable times, upon request made, be fubmitted for examination to the officer of inspection, within whofe furvey or divifion, fuch auctioneer fhall be, on pain of forfeiting, for every refufal to comply with fuch request, the fum of five hundred dollars. Sec. 7. And be it further enacted, That if it fhall appear to the fatisfaction of the supervisor, within whofe diftrict he fhall be, that an auctioneer hath acted agreeably to the condition of the bond which he fhall have given, and to the directions of this act, during the time, to which his faid bond fhall relate, the fame having expired; then, and in every fuch case, the faid fupervifor fhall caufe fuch bond to be delivered up; but in cafe no fuch account shall be delivered, as herein-before mentioned, or if it fhall appear, that any fuch account was not truly made, or that the party hath acted in any other refpect, contrary to the true intent and meaning of his bond and of this act, it fhall be the duty of fuch fupervisor of the revenue, to cause fuch bond to be prosecuted according to law, and in cafe of a verdict or judgment against the defendant, he shall afterwards, upon every fale by him of any eftates, goods or effects at auction, be liable to all the penalties, which may be incurred by this act, for acting as an auctioneer without license. Sec. 8. And be it further enacted, That if any fale at auction of any lands, tenements or hereditaments, fhall be, or become void, by reafon of defect of title, the fupervisor of the revenue, within whofe diftrict fuch fale fhall: be, is hereby authorized and required, upon due and fufficient proof of fuch fale being or becoming void, for the reafon aforefaid, to Duties cause to be remitted the duty or duties there- thereon to upon otherwise payable, according to this act. ted. be remit eers. Sec. 9. And be it further enacted, That Allowance every auctioneer, out of the proceeds of the to auctionduties, which he fhall retain and pay, as aforefaid, fhall be allowed a commiffion of one per centum, upon the amount thereof, for his trouble in and about the fame. make al inspection, Sec. 10. And be it further enacted, That it Prefident of fhall be lawful for the Prefident of the United U. States to States, and he is hereby empowered, to make lowance to fuch allowances for compenfations to the offi- officers of cers of infpection, employed in the collection under this of the duties aforefaid, and for incidental ex- act. penfes, as he fhall judge reasonable, not exceeding in the whole, two and an half per centum of the total amount of the faid duties collected. falfely, &c. Sec. 11. And be it further enacted, That if Penalty of any perfon fhall wilfully fwear or affirm falfe- fwearing ly, touching any matter herein before required. to be verified by oath or affirmation, he shall fuffer the pains and penalties, which by law are prescribed for wilful and corrupt perjury; and, if an officer, fhall forfeit his office, and be incapable of afterwards holding any office un-, der the United States. how fued Sec. 12. And be it further enacted, That all fines, penalties and forfeitures, which shall be Fines and incurred by force of this act, fhall and may be penalties fued for and recovered, in the name of the for and reUnited States, or of the fupervifor of the re- covered; venue, within whose district any fuch fine, penalty or forfeiture fhall have been incurred, by bill, plaint, or information; one moiety thereof to the use of the United States, and VOL. III. R and di pof ed of. Limitation the other moiety thereof to the ufe of the perfon, who, if an officer of infpection, shall first discover, if other than an officer of inspection, fhall firft inform of the caufe, matter, or thing, whereby any fuch fine, penalty or forfeiture fhall have been incurred. And where the cause of action or complaint fhall arise or accrue more than fifty miles diftant from the nearest place by law established for the holding of a diftrict-court, within the district, in which the fame fhall arife or accrue, fuch fuit and recovery may be had, before any court of the ftate holden within the faid diftrict, having jurifdiction in like cafes. Sec. 13. And be it further enacted, That of this act. this act fhall continue and be in force, for the term of two years, and from thence, to the end of the next feffion of Congrefs, and no longer. FREDERICK AUGUSTUS MUHLENBERG, Senate, pro tempore. APPROVED, June the ninth, 1794: GEORGE WASHINGTON, |