SECTION 1. In addition to the auctioneers appointed by the electors of any town in town meeting, the town council of such town may, from time to time, appoint so many more for their town as they may deem expedient; to hold their offices until the next annual election of town officers.

SEC. 2. Each auctioneer shall give bond to the town treasurer with sufficient sureties, in a sum not exceeding ten thousand dol lars, nor less than two thousand dollars, at the discretion of the said town treasurer, with condition, faithfully to execute the duties of his office according to law-to pay over all moneys received by him for goods sold at auction, to the owners thereof, and to pay over all duties to the state and to the town, which shall accrue on goods so sold by him.

SEC. 3. The town treasurer of each town shall transmit to the general treasurer the name of every auctioneer appointed as aforesaid, and a copy of the bond of such auctioneer, within twenty days from the time every such bond shall be given; and if any town treasurer shall neglect to transmit the name of any auctioneer, or the copy of the bond by him given, to the general treasurer as aforesaid, he shall forfeit one hundred dollars; to be sued for and recovered by the general treasurer, to the use of the state.

SEC. 4. The bond aforesaid may be sued in the name of the town treasurer, by any person claiming a forfeiture thereon; such person first giving security for costs by indorsing the writ, or by procuring some sufficient citizen of the state to indorse the same, who shall be liable for costs in case the defendant recover, and against whom execution shall issue therefor.

SEC. 5. In case of forfeiture adjudged in an action on said bond, judgment shall be rendered, for the penalty of the bond, and execution shall issue for the sum ascertained to be due to the plaintiff.

SEC. 6. Like security for costs shall be given, and like proceedings had, when scire facias is sued out upon said judgment for an additional breach of said bond: Provided, that when any suit shall be commenced on it by the general treasurer, notice of such fact shall be indorsed on the writ, but no security for costs shall be given, nor shall the defendant in such case recover cost, in any

event.

SEC. 7. Every auctioneer, before exposing any real or personal estate to public sale, shall make out in writing and sign and publicly read the conditions of sale.

SEC. 8. When the whole amount of sales at any public auction shall not exceed four hundred dollars, the auctioneer shall have two and one half per cent. commissions; but if the amount exceed that sum he shall have only one and one half per cent.

SEC. 9. The towns of Newport, Providence, Bristol and Warren, shall have power to establish such regulations for the conducting of sales and auctioneer's commissions in their respective towns as they may think necessary; any thing in the next preceding section to the contrary notwithstanding.

SEC. 10. All sales by auction shall be made by an auctioneer, and shall be subject to a duty to the state, except the following, namely sales made pursuant to any judgment, sentence, decree, order or rule of any court or judicial officer of the state, or of any court of the United States having jurisdiction within this state; sales made by virtue of any writ, execution, warrant of distress or order of law; sales of property held by executors, administrators or guardians of estates of citizens of the United States lying or being within this state, and sales of pews in houses of public wor-. ship.

SEC. 11. All foreign distilled spirits, exposed at auction in the original package in which they were imported, shall be subject to the following rate of duty on every hundred dollars; two dollars to the use of the state, and twenty-five cents to the use of the town where sold.

SEC. 12. The duty upon the sales of stocks of the United States or of any state, or of any town of this state; the shares of the stock in any incorporated banks, insurance companies and manufacturing companies, and also of any company whatever, incorporated under the authority of this state, and upon the sales of real estate and of ships and vessels, and of any interest in the voyages of ships and vessels, shall be one tenth part of one per

cent.

SEC. 13. The duty upon the sales of hay, grain, flour, neat stock, furniture, and all agricultural products of this state shall be one half of one per cent.

SEC. 14. The duty upon all other sales shall be one per cent. on the amount thereof.

SEC. 15. The duties named in the preceding three sections, shall be one eighth part thereof to the use of the town in which such sales shall be made, and the remainder thereof to the use of the state.

SEC. 16. All the duties aforesaid shall be calculated on the sums for which the goods so exposed to sale shall be respectively struck off, and shall be by the auctioneer selling the same retained out of his said sales, and paid over to the proper officer.

SEC. 17. Where any sale or bidding shall be made at public auction in regard to any real estate, or in regard to any goods, wares, merchandise or other personal property, upon any less quantity than the whole, for the purpose of fixing the price of any larger quantity, or of the whole, in every such case the whole amount of the property sold, transferred, contracted for or negotiated by the terms and conditions of such auction, shall be subject to a duty as if the whole had been set up and sold by auction. SEC. 18. When any auction shall have been actually begun, and the final purchase or bidding shall have been made by the owner of the property, by the auctioneer, or by any person employed by either of them, the same duty shall be paid as if the bidding had been made by any other person.

SEC. 19. Every auctioneer shall, within twenty days after the expiration of every six months, the first six months to be computed from the date of his bond, render a just and true account in writing, subscribed by him, to the general treasurer, of all goods, wares and merchandise, subject to duty, by him sold as aforesaid, from the time of his appointment, and giving bond as aforesaid, or the time that the last account by him was transmitted or rendered as aforesaid, the amount of each day's sale, and the date thereof.

SEC. 20. Such auctioneer shall take, before any magistrate authorized to administer oaths, the following oath, to be indorsed and certified on the account so rendered, as aforesaid: “I do solemnly swear, (or affirm,) that this account to which I have subscribed my name, contains a just and true account of all the goods, wares, merchandise and effects, sold or struck off by me, subject to duty by law, within the time mentioned in the said account; and of the days upon which the same were respectively sold; and that I have attended such sales personally, and have examined the entries of such sales in the book kept by me for that purpose, and know this account to be in all respects correct: to which oath or affirmation the said auctioneer shall subscribe his

name.

SEC. 21. Every such auctioneer shall, within ten days after rendering the account, and taking the oath aforesaid, pay the amount of duty upon such account of sales to the general treasurer, for the use of this state; and the amount of duty due the town to the town treasurer; and in case no sales on which duties are payable shall have been made, it shall be the duty of the auctioneer to make an affidavit thereof, at the time and in the manner above directed, and to transmit such affidavit to the general treasurer.

SEC. 22. In case any auctioneer shall fail to render his account or affidavit to the general treasurer as aforesaid, or shall fail to pay the duty due the state or town at the time and in the manner aforesaid, he shall forfeit for every such neglect, five hundred dollars, to be sued for by the general treasurer to the use of the state; unless the neglect be in not paying the duty due the town, and then by the town treasurer, to the use of the town.

SEC. 23. If any person shall hereafter assume or exercise the office of an auctioneer in any town, unless as above excepted, without being legally chosen thereto, and without being duly qualified, he shall forfeit five hundred dollars, to be recovered by the town treasurer, to the use of such town.

SECTION 1. No corporation unless incorporated by the general assembly, and no individual or copartnership, unless such individual or copartnership, or the members of such copartnership are residents of this state, shall transport or engage in the transportation of any goods, wares, merchandise or parcels of any description within this state, until such corporation, individual or copartnership shall have complied with the provisions of this chapter.

SEC. 2. Every such corporation, individual or copartnership, shall, by a written power, appoint some citizen of this state resident therein, their attorney with power and authority to accept service of all lawful process against such corporation, individual or copartnership, and to cause an appearance to be entered in like manner as if said corporation had existed, or said individual or the members of said copartnership had been residents of, and been duly served with process within this state.

SEC. 3. A copy of such power of attorney, duly certified and authenticated, shall be filed with the secretary of state, and copies thereof duly certified shall be received in evidence in all courts in this state.

SEC. 4. If such attorney shall die or resign, or be removed, it shall be the duty of such corporation, individual or copartnership to make a new appointment as aforesaid, and file a copy with the said secretary as above prescribed, so that at all times there shall

be within this state an attorney authorized as aforesaid; and no such power of attorney shall be revoked until after like power shall have been given to some competent person and a copy thereof filed as aforesaid.

SEC. 5. Service of process upon such attorney shall be deemed sufficient service upon his principals.

SEC. 6. Every such corporation or copartnership shall file in the office of the secretary of state with the written power aforesaid, a copy of the charter of such corporation, or list of the names and the places of residence of all the members of said copartnership.

SEC. 7. Any person, corporation or copartnership violating any of the provisions of this chapter shall forfeit fifty dollars.

SECTION 1. Every person, unless licensed as hereinafter required, who shall, as a hawker or peddler, sell or offer for sale, or carry through or into any town in this state, to be sold or bartered from packs, packages, horses, carts or other vehicles, any goods, wares or merchandise whatever, shall forfeit fifty dollars.

SEC. 2. Every individual sale or offer for sale made contrary to the provisions of this chapter shall be deemed and construed as a distinct and separate offence; and the person making the same shall be liable to be prosecuted therefor in the manner hereinafter prescribed.

SEC. 3. Whenever complaint shall be made to any justice of the peace within his county that any person within such county is selling or offering for sale any article contrary to the preceding section, such justice shall examine the complainant under oath, reduce his complaint to writing, and cause the same to be by him signed. If the complainant shall then enter into a recognizance in such sum, not exceeding fifty dollars, with such surety as the justice shall direct and approve, to prosecute such complaint to