every auctioneer so offending shall, for every such offence, forfeit and pay to the State of Ohio, a sum not exceeding one hundred dollars, with costs of prosecution. 4 commission mer tion duties Sec. 10. That if any auctioneer shall associate with him, Goods sold by in any manner whatever, any person who shall derive profit or chant associated advantage from the sale of any property or effects by auction, with auctioneer, or shall associate himself in any manner whatever with a com- subject to aucmission merchant, or other person, and shall derive protit or advantage from the sale of any goods or articles on commission, which would be subject to auction duty in sold by auction; all such goods or articles, which shall be sold on commission at private sale, by the person or persons with whom such auctioneer shall be so associated, or by any person in his or their employ, shall be subject to the duties enumerated in the sixth 'section of this act. office shall for Sec. 11. That if any auctioneer shall farm out his office to Auctioneer another, or derive profit or advantage from any sales by auc- farming out his tion that are not superintended by himself personally; every feit is license, auctioneer so offending shall be deemed guilty of a misdemean- and he subject to or, and on conviction thereof before the court of common pleas a penalty of the proper county, shall, for such offence, forfeit and pay to the State of Ohio, a sum not exceeding one thousand dollars, nor less than one hundred dollars, with costs of prosecution; and shall, moreover, forfeit his license: Provided. That in case of sickness, or necessary absence, of any auctioneer, any sale appointed by him, may be made under the personal superintendence of his known clerk. accounts Sec. 12. That every licensed auctioneer in this State shall Auctioneer to make out, in writing, a quarterly account, dated on the first make quarterly days of March, June, September, and December, in the year for which he shall have been appointed; and shall therein state minutely and particularly, 1st: The sums for which any property or effects shall have been sold, at every auction held by him, from the date of his license, or from the date of his last quarterly account; the names of the persons on whose account such sale was made; the day of sale; and the amount of each day's sale. 2d: The amount of all other sales made by himself or any person associated with him, or by any person in his or their employ, if property or effects liable to auction duties under any of the provisions of this act; the days on which such sales were made, and the name of the person making such sale. 3d: The amount of duties chargeable under the provisions of this act, on all sales, public and private, of property and effects subject to duties under any of the provisions of this act: and every such account shall be verified by a declaration of the auction- Account to be eer, in the words following, viz: "I, A B, do solemnly declare verified that the account now exhibited by me, and to which I have subscribed my name, contains a full and true statement and exhibit of all the property and effects, of every class and description, sold or struck off, or bought in, by me, at public sale, Form of oath. or sold by me at private sale, on commission; or sold, struck. off, or bought in, as aforesaid, by others, in my name or under my direction, or for my benefit; and, so far as I know or be lieve, of all goods and effects sold by any person in my employ, or connected with me in business, and subject to duties according to the provisions of the "Act regulating sales at auction," within the time stated in this account; and that the full amount of duties, chargeable according to law, on all such property and effects, is therein truly stated:" which declaration shall be indorsed on the account, and shall be subscribed and sworn to, or affirmed, by the auctioneer making it, before a justice of the peace, or some other officer authorized to administer oaths; who shall certify the same: and the said auctioneer Auctioneer to shall, within fifteen days from the date of such account, deliv deposit account er the same to the county treasurer; and shall, at the same with treasurer, time, pay to the said treasurer the amount of duties accruing on the sales mentioned in the account: and if any auctioneer shall neglect or refuse to exhibit any quarterly account, and deliver the same properly verified as aforesaid, or shall neglect or refuse to make payment of the duties required by this act, to the treasurer of the proper county, within the time afore said; every auctioneer so offending, shall be deemed guilty of a misdemeanor, and, on conviction thereof before the court of common pleas of the proper county, shall pay a fine not exceeding one thousand dollars, with costs of prosecution, and shall forfeit his license; and shall, nevertheless, be hable for all such duties, to be recovered in an action of debt, in the name of the State of Ohio. &c. Penalty and for feiture for neg tecting be paid for li cense Sec. 13. That each and every auctioneer appointed under What sum shall the provisions of this act, for any county other than the county of Hamilton, shall give bond according to the provisions of the fifth section of this act, in the penal sum of one thousand dollars, and shall pay for license to sell property and effects of every class and description, subject to auction duties, a sum not exceeding five hundred dollars, at the discretion of the court; and auctioneers appointed for the county of Hamilton, shall pay for license at the following rates, namely: 1. To sell property and effects of every class and description, subject to auction duties, a sum not exceeding one thousand dollars, nor less than six hundred dollars, at the discretion of the court; and shall give bond, according to the provisions of the fifth section of this act, in the penal sum of three thousand dollars. 2. To sell dry goods, hardware and cutlery, queensware, glass and glass ware, sugars, melasses, teas. spices, coffee, salt, fish, oil, iron, books and stationery, hats, boots, shoes, wines and ardent spirits, the sum of five hundred dollars; and shall give bond, according to the provisions of the fifth section of this act, in the penal sum of two thousand dollars. 3. To sell all other property and effects, subject to auction duties, and not enumerated in the second class aforesaid, a sum not exceeding one hundred dollars, at the discretion of the court; and shall give bond, according to the provisions of the fifth section of this act, in the penal sum of one thousand dollars. where and how Sec. 14. That all moneys raised by way of tax, penalty, Money accruing or otherwise, under the provisions of this act, shall be paid into under this act, the treasury of the proper county; for which duplicate receipts paid shall be taken by the person making such payment: one of which receipts he shall deliver to the auditor of the county, who shall file the same in his office, and charge the treasurer therewith: and it shall be the duty of each and every county treasurer with whom any money may be deposited in conform ity with the provisions of this act, on or before the fifteenth day of January, in each and every year, to transmit to the auditor of State, a correct account of all moneys so by him received, and to pay to the treasurer of State all such moneys, not otherwise appropriated by law, after deducting therefrom two per centum, to be computed on the amount received and paid over by such treasurer, as his compensation. money under Sec. 15. That it shall be the duty of the sheriff, or other Duty of sherui officer, who shall collect and receive any fine or penalty im &c., receiving posed under the provisions of this act, to pay the same to the this act treasurer of the proper county, within ten days after receiving the same. Sec. 16. That if any county treasurer, sheriff, or other of Forfeiture for ficer, shall neglect to perform the duties required by this act, neglect of duty he shall forfeit and pay to the State of Ohio the sum of one under this act hundred dollars, over and above the amount of money which ought to have been paid over by such county treasurer, sheriff, or other officer. Sec. 17. That one half of all moneys raised, collected or Appropriation of Becovered, as aforesaid, in the county of Hamilton, shall be money acerning paid over by the treasurer of said county to the treasurer of under this act the township of Cincinnati, for the use of "The Commercial Hospital and Lunatic Asylum for the State of Ohio;" and the residue of all moneys raised, collected or recovered in said county, and not otherwise appropriated by law, shall be paid to the treasurer of State: and all moneys paid into the State treasury, under the provisions of this act, shall be set apart as a fund to be applied by the Legislature to literary purposes, under such regulations as may be provided by law. County auditor ceipts to auditor Sec. 18. That it shall be the duty of the auditor of each and every county, with whom any auctioneer, or other person, to transmit a may have filed the receipt or receipts of any county treasurer, statement of re according to the provisions of this act, to transmit a full and ac- of State &c. curate statement of all such receipts to the auditor of State, on or before the fifteenth day of Jaunary, in each and every year. Sec. 19. That all fines, penalties and forfeitures, imposed by and incurred under the provisions of this act, may be recovered by indict ered by indictment before the court of common pleas of the ment or action of county in which the offence shall have been committed, or by debt Duty of presi. dent judge Actз repealed Saving clause action of debt, in the name of the State of Ohio: and it shall be the duty of the president of every such court, at every term, to give this act specially in charge to the grand jury. Sec. 20. That the act, entitled "An act levying a tax upon sales at auction in certain cases," passed February 18th, 1824, the act, entitled "An act to amend the act, entitled "An act levying a tax upon sales at auction in certain cases," passed January 19th, 1828; and the act, entitled "An act to amend an act levying a tax upon sales at auction in certain cases," passed February 18th, 1830; be, and the same are hereby repealed: Provided, That such repeal shall not operate to defeat any license granted, or rights acquired, or to discharge any auctioneer, or other person, from any debt, tax, fine or penalty, due, accruing or imposed, under the provisions of the said repealed acts, or any of them; or to affect any suit or prosecu tion depending, or to be instituted, for the same: and the said acts shall be and continue in force for the purpose of collecting every such tax, fine, penalty, or sum of money so due or accruing: and all moneys raised, or which may be raised, under the provisions of the said repealed acts, shall be paid and accounted for according to the provisions of this act. JAMES M. BELL, Speaker of the House of Representatives. March 14, 1831. No person to keep a tavern AN ACT granting licenses and regulating taverns. Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That no person shall be permitted to keep a tavern, withwithout a license out having obtained a license from the court of common pleas of the proper county, for that purpose. Mode of appli Sec. 2. That every application to the court for a license to cation for license keep a tavern, shall be in writing, signed by the applicant; inwhich the applicant shall state the place where the tavern is." proposed to be kept; and the applicant shall produce to the court satisfactory evidence, by his own affidavit or otherwise, of his having given twenty days' previous notice, by advertisements set up in three of the most public places in the township or neighborhood where the tavern is proposed to be kept, of his intention to apply to the next court for a license. license for one year Sec. 3. That the court shall be authorized to grant a license Court may grant to the applicant to keep a tavern at said place for the term of one year, on being satisfied that the notice required by this act has been given, and by the testimony of one or more creditable witnesses, present in court, that such tavern is necessary at said place, for the public convenience, that the applicant sustains a good moral character, is provided with suitable accommodations, and is a suitable person to keep the same. thereof, license Sec. 4. That the court granting the license, shall fix the Court to fix the price thereof; which shall not be more than fifty dollars, nor price of license, less than five dollars, per annum, having proper regard to the and on paymen apparent advantages of the applicant's situation for business: to issue and the clerk of said court shall give the applicant a certificate of the same; and on the applicant's producing the county treasurer's receipt for the payment of the sum so fixed, he shall receive a license under the seal of the court, which shall continue for the term aforesaid. Sec. 5. That when the applicant shall apply to the court for a renewal of his or her license to keep a tavern in the same, house, or at the same place where he or she kept the preceding year, the same evidence shall be required by the court, and the same proceedings shall be had, as is required by this act on granting a license; except that no notice of the intended application for the renewal of his or her license shall be required. Renewal of cense When ten free the facts, and may grant or re Sec. 6. That when ten or more reputable freeholders, residing in the neighborhood of the place where a tavern is pro- holders remon posed to be kept, shall remonstrate, in writing, against the grant- strate, court to ing or renewal of any license; stating therein the reason why, in their opinion, such license ought not to be granted or renew-fuse license ed: the court shall be authorized to decide on the truth and validity of the facts stated in such remonstrance, and grant or refuse such license, or renewal of the same. pel the attend Sec. 7. That, for the purpose of carrying into execution the powers granted to the court in the preceding section of this act, Court may com the court shall be authorized to cause subpoenas, or other pro ance of witnesses cess to be issued, to compel the attendance of such witnesses as to testify conf shall be named by the attorney for the State, for the proper application cerning the sounty, to give evidence in the matter pending before said court; and said court, on the request of the said applicant, or his or her counsel, may cause like process to be issued, to compel the attendance of witnesses to sustain his or her application. Sec. 8. That if the applicant shall dismiss his or her application, pending as foresaid, or if the court, on the hearing of shall pay costs Applicant failing the matter, shall refuse to grant to the applicant a license, the court, in such case, shall render a judgment against such applicant for the costs, and shall cause execution to be issued for the same, as in other cases. If license be Sec. 9. That if, on the hearing of the matter as aforesaid, the court shall grant to the applicant a license, the fees of the clerk, granted costs to sheriff and witnesses, arising or accruing from the summoning be paid out of of the witnesses named by said attorney for the State, shall sury be paid out of the county treasury, on the certificate of the clerk, and on the order of the county auditor. the county trea Fees same as ir Sec. 10. That the fees of witnesses, clerk and sheriff, for services rendered by virtue of any of the foregoing provisions other cases of this act, shall be the same as for like services in other cases, |