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Public Auctions.

10th, 1784.

1. Be it ordained, That from and after the first day Passed, May, of August next, no goods, wares or merchandize, shall be laid or deposited in any street, lane, or alley with- No goods to n this city, for the purpose of exposing the same to be exposed in ale by public auction, except to the eastward of the curtain line on the Bay.

the streets.

3. That if any person or persons shall be convicted Penalty, of any offence against this ordinance, he, she or they, shall for every such offence, forfeit and pay the sum of twenty pounds sterling, to be recovered in the court of wardens, one half thereof to the person or persons, who shall sue for and prosecute the same to effect, and the other half to the use of the corporation; and in case of non-payment thereof, he, she, or they, shall be committed to the common gaol for any time not exceeding thirty days.

13th, 1815.

1. Be it ordained, That during the time, or so long Passed, March as the Congress of the United States shall impose and direct to be levied and collected any tax or duty, on the purchase money arising by the sales at vendue or auction of goods, wares and merchandize, and of ships or vessels; it shall be lawful for, and every auctioneer or vendue master within the City of Charleston is hereby authorized, required and directed, to stop and retain out of the sales at public auction or vendue, of all ships, boats or other vessels, one half per cent; of all lands and houses, one per cent; of all slaves, one half per cent; which said per centage, sum or sums, stopped and retained as above directed and required, are hereby declared to be as a tax or duties imposed by the City Council to and for the use and benefit of the city, and shall be paid by every auctioneer or vendue master, once in every three months; namely, on the twentieth day of February, the twentieth day of May, the twentieth day of August, and the twentieth day of November, in every year, to the

* Penalties recoverable in the Inferior City Court.

Passed, April 24, 1817.

Passed, March 19th, 1818.

City Treasurer, for the use and benefit of the city as aforesaid.

2. That as soon as, or whenever the Congress of the United States,* shall withdraw or repeal the duty which has been by them imposed and directed to be levied on the purchase money, arising from the sales at vendue, of all horses, cattle, goods, wares and merchandizes, it shall be lawful for, and every auctioneer or vendue master within the City of Charleston is hereby authorized, directed and required, to stop and retain, and pay over to the City Treasurer, in the manner and at the times herein before prescribed, a tax of three per cent. out of all such horses, cattle, goods, wares and merchandizes.

Whereas by an act of the Legislature of the state entitled," an Act to raise supplies for the year 1809, and for other purposes therein mentioned," passed on the 19th day of December, 1809; it was enacted, "That so much of the Ordinances and Acts of this state, as directs and declares that a duty or tax shall Tax on ven- be levied and collected on sales at vendue, shall be

dues.

Proviso.

tain per centage.

and the same are hereby repealed;" and also, "That the City Council of Charleston be, and they are hereby authorized and empowered to levy and impose any duty or tax they may think fit and proper, on sales at vendue, within the corporate limits of the said City of Charleston: Provided nevertheless, the said duty or tax be not imposed or levied on any sales of such property as has heretofore been exempted from said duty or tax, by virtue of the powers vested by the said act.

Auctioneers to 1. Be it therefore ordained, That from and after the etain a cer- twentieth day of March instant, it shall be lawful for, and every auctioneer or vendue master within the City of Charleston, is hereby authorized, directed and required to stop and retain out of the sales by them made at public auction or vendue, of all lands, houses, slaves, horses and cattle, one per cent; of all ships, boats, or other vessels, one per cent; for all goods, wares and merchandize, landed from on board of any

* Congress repealed the vendue tax from and after the 31st De cember, 1817.

vessel or vessels, and which shall be sold immediately on being landed on the wharf, or at the store of the original importer or consignee, the amount whereof shall exceed ten thousand dollars, one per cent; and on all sales made in like manner of any such goods, wares and merchandize, on any wharf, or at the store of the owner, of the original importer or consignee, the amount whereof shall not exceed ten thousand dollars, nor be less than five thousand dollars, one and one half per cent; and for all other goods, wares and merchandize, three per cent; which said per centage, sum or sums stopped or retained, as above directed and required, are hereby declared to be as a tax, or as duties imposed by the City Council, to and for the use and benefit of the city, and shall be paid by every auctioneer or vendue master, once in every three months, namely, on the twentieth day of June, To pay the the twentieth day of September, the twentieth day of same to the December, and the twentieth day of March in every year, to the City Treasurer, for the use and benefit of the city aforesaid. Provided, that nothing herein contained, shall be construed to impose any duty on sales made of the property of persons deceased, of insolvent debtors, or of incorporated societies, or which shall be sold under the order of any court of justice in this state.

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City Treasurer

Proviso.

Auctioneers to

2. That each and every person or persons, at present holding licences as vendue master or auctioneer, or vendue masters or auctioneers, shall not have a right to continue to act as such, until he or they shall have made application to the City Council of Charleston, and obtain a licence or licences to act as an give bond and auctioneer or vendue master, or auctioneers or vendue obtain a limasters, and shall have previously entered into a bond or obligation to the City Council of Charleston. To every bond or obligation, there shall be two good securities, who shall be approved of by the Council, and shall be jointly and severally bound with the said vendue master or auctioneer, or vendue masters or auctioneers, in the sum of five thousand pounds ster

C

cence.

No person but citizens to re

ling, as required by the laws of the state, for the due observance of this ordinance, and all other ordinances which may hereafter be passed, for the regulation of vendues, and the laws of the state, so far as may relate to the sales at vendue within the City of Charleston.

3. That each and every person or persons, who may be desirous of obtaining a licence or licences to act as vendue master or auctioneer, or vendue masters or auctioneers, within the corporate limits of the City of Charleston, shall, and he or they are hereby required to make application therefor to the City Council of Charleston, and on his, or their obtaining said licence, or licences, and complying with the conditions, and entering into bond as herein before directed, to observe the restrictions imposed by this ordinance, and all other ordinances which may hereafter be passed for the regulation of vendues, each and every of them shall be authorized to act as an auctioneer or vendue master, or auctioneers or vendue masters, within the said limits.

4. That no person (except as is herein before exceive a licence cepted) shall act as vendue master or auctioneer, unless he shall have been a citizen of this state two years previous to his application for a licence; and shall have given bond or obligation, with two good securities, jointly and severally with him in the sum of five thousand pounds sterling, payable to the City Council of Charleston, and conditioned for the true and faithful compliance with this ordinance, and all other ordinances which may hereafter be passed for the regulation of vendues, and the laws of this state, so far as the same may relate to sales made at vendue within the City of Charleston: that the said curities shall be approved of by the City Council of Charleston, for the time being: that all vendue masters or auctioneers, who may obtain a licence or licences from the said City Council of Charleston, shall previous to acting as such, severally take and subscribe, before the City Treasurer, the following oath: to wit, I, "A. B. do solemnly swear or affirm, (as To make oath the case may require) that I will render a just and true account to the City Treasurer, of all the ships,

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boats, or other vessels, lands, houses, slaves, horses, cattle, goods, wares, and merchandize, which I may, either in person, or by my agent, sell or dispose of at public vendue, and pay the tax, or per centage, imposed by virtue of this ordinance, or any subsequent ordinance, on all sales made at vendue; and that I will produce my books, which shall contain an account of all sales made by me at vendue, and that I will not directly or indirectly, by myself, or any person acting under me, or as a partner with me, do any act to evade paying the tax or per centage imposed by this or any subsequent ordinance, on any article so sold, either by myself, or any person or persons acting under my authority, or in partnership with me, and that I am not at this time in partnership with any person who is not a citizen of the United States, and that I will not enter into copartnership with any alien, whilst I continue to act under the licence granted to me, and this I solemnly swear, without any kind of equivocation, or mental reservation whatever. So help me God." And that whenever any person or persons, shall apply for a licence to act as a vendue master or auctioneer, or vendue masters or auctioneers, and shall have taken the foregoing oath, and given bond or bonds, with the securities bound as aforesaid, the City Treasurer shall give him or them respectively, a licence or licences, to act as a vendue master or auctioneer, or vendue masters or auctioneers, as each case shall require.

licence.

5. That in case any person or persons, not being Penalty for licenced agreeably to the tenor of this ordinance, or acting without not having entered into bond or bonds with securities as before directed, shall at any time presume to act as an auctioneer or vendue master, or auctioneers or vendue masters, within the limits of the City of Charleston, he or they so offending, for every such offence, shall forfeit the sum of five hundred pounds sterling, as heretofore prescribed by the laws of this state, to be recovered in the Court of Common Pleas; one half of the said sum to be paid to the informer; and the other half to be paid into the City Treasury, for the use of the city; and every person so offending, shall also be disqualified for seven years thereafter,

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