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To take out annual license.

Sec. 142. Every auctioneer shall take out an annual license from the auditor of public accounts authorizing him to do and perform, all the business properly belonging to an auctioneer.

D. Sec. 219.

Sec. 143. No person shall act as an auctioneer who is inNo defaulter to debted to the State or any municipal corporation, for any tax as be auctioneer. an auctioneer, or any license or commission which he has neglected to pay after final judgment rendered against him therefor.

Penalty for

authority.

D. Sec. 1137.

Sec. 144. No other person than an auctioneer or a civil officer acting under the authority of some court of the United acting without States or of this State, or the legal representative of a succession of minors, curators of interdicted persons, syndics of insolvents, or the sheriff, when there is no auctioneer in the parish, shall exercise the trade or business of an auctioneer, by selling or offering for sale at auction, any property, real or personal, within this State, under penalty of five hundred dollars for each offense, one-half of the penalty for the informer when recovered.

D. Sec. 3547.

Sec. 145. All property, rights or credits, which shall be sold at public auction, or at private sale by any auctioneer (except Tax to be paid such as are or may be exempted by law), shall be subject to a

on property sold by auctioneers.

Penalty for not paying amount due the State,

etc.

Quarterly ac

duty of one-half of one per centum of the value or price at which it shall be sold, to be paid by the person who shall sell the same, to be subject each and every time it shall be stricken off, to duties at the above rates.

D. Sec. 3340.

Sec. 146. Any auctioneer who shall neglect to pay into the State treasury the duties required by law upon auction sales made by him, shall forfeit his license, and in case he refuses to return the same, the auditor of public accounts shall give public notice in the official gazette of the cause for which the license of such auctioneer has been forfeited, and that his license has been withdrawn from him.

D. Sec. 220, 3341, 3786.

Sec. 147. Every auctioneer in the city of New Orleans shall make out in writing a quarterly account, dated on the last days of March, June, September and December, and shall therein New Orleans state minutely and particularly:

rendered by

auctioneers of

and parish of Jefferson.

First.-The sums for which any goods or effects shall have been sold at every auction held by him from the date of his last quarterly account.

Second. The days on which sales were made, and the amount of each day's sale.

Third. The amount of all private sales made by himself or any of his partners in commission, and the days on which such sales were made.

Fourth.-The amount of duties chargeable on all sales, public or private, mentioned in the account.

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the country to

Sec. 148. The auctioneers throughout the State, those in the auctioneers in parish of Orleans excepted, shall settle their accounts with the be settled antreasurer annually.

D. Sec. 221, 2563.

nually.

dit the ac

tioneers.

His fees for so

Sec. 149. Every such account, within ten days after the day on which it is dated, shall be exhibited to the auditor of public Auditor to auaccounts, who is required to audit in the city of New Orleans counts of aucthe accounts of any auctioneer of that parish, and charge a fee of five dollars therefor, and every auctioneer exhibiting an ac- doing. count shall take the following oath before the auditor, and auctioneers of the rest of the State shall take it before any justice of the peace of the parish in which they are authorized to exercise their functions.

"I do solemnly swear (or affirm) that the account exhibited by me, and to which I have subscribed my name, contains a just Oath. and true account of all property of every description, sold or struck off at public sale, or sold by me at private sale on commission, whether subject to duty or not, and the day on which the same was respectively sold; that I have examined the entry of all sales mentioned in said account in the book kept by me for that purpose, and fully believe this account to be in all respects

correct.

D. Sec. 222, 2564, 3789.

made into the

Sec. 150. Such oath shall be reduced to writing, be indorsed on the account, and be subscribed by the auctioneer taking it; Payment to be and every auctioneer of the parish of Orleans, within ten days treasury. after he shall have exhibited his account as aforesaid, shall pay for the use of the State, into the treasury thereof, the duties accrued on the sales mentioned in the account.

D. Sec. 2565.

who have

Sec. 151. Every auctioneer who, within the period limited Auctioneers for his accounting, shall have made no sales, public or private, made no sales of any property, real or personal, liable to auction duties, shall to make an afmake and subscribe an affidavit of those facts before the auditor effect. or a justice of the peace.

D. Sec 2566, 3791.

fidavit to that

accounts.

Sec. 152. In addition to the number of days allowed by the law, within which auctioneers are required to render their ac- Time allowed counts and make payment of commissions to the treasurer, they to render their shall be entitled to one day for every twenty miles of distance from the seat of government to the parish site of their respective parishes.

D. Sec. 8792. Act 1859, p. 26.

when offering

Sec. 153. It shall be the duty of every auctioneer, who shall offer for sale jewelry of any kind or description, to announce to Their duty the persons present, in a loud voice, whether the same be gold, jewelry. silver or base metal, before proceeding to sell the same; also,

Their duty when selling cutlery.

Right of pur

chaser to re

turn jewelry,

plate and watches.

Penalty for

ders.

whether the article offered is to be sold by the lot or by the piece, and, if by the piece, the number of pieces. Every auctioneer who shall offer for sale any jewelry without first making such announcement, shall, on conviction thereof, pay a fine of not more than one hundred dollars, nor less than fifty dollars, for each offense, and said sale shall not be binding on the bidder. D. Sec. 951. Act 1855, p. 106.

Sec. 154. It shall be the duty of every auctioneer, before he shall proceed to sell any cutlery, whether in a box or on a card, to state whether it is to be sold by the piece or in gross, and, if by the piece, the number of pieces offered for sale; and every auctioneer who shall neglect or refuse to announce the same, shall pay a fine of not more than one hundred dollars, nor less than fifty dollars, and the sale shall not be binding on the purchaser.

Sec. 155. The purchaser at an auction sale of any watch, plate or jewelry, shall have the right to return it to the auctioneer at any time within twenty hours from the day of the sale, if the watch, plate or jewelry be not of the quality represented by him, and the auctioneer shall return to the purchaser the price of the article; should he refuse to do so, he shall forfeit his license and be liable to a fine of five hundred dollars. ¿ D. Sec. 952.

Sec. 156. Any auctioneer who shall exhibit and offer for sale mock auctions at auction any article setting forth its value and character, and. and mock bid- through the aid of mock bidders induce its purchase by a real bidder, and who shall afterwards substitute any article in lieu of that offered to and purchased by the bidder, shall, on conviction thereof, be fined and imprisoned at the discretion of the court, and any mock bidder at any auction sale so made shall suffer the like penalty.

Not to purchase at any sale made by him.

to appoint deputies.

Sec. 157. It shall not be lawful for any person acting as auctioneer to purchase, either directly or indirectly, any property at a sale made by him, and any such sale shall be null and void. Sec. 158. Auctioneers shall make in person, or by agents Auctioneers appointed by them, all sales advertised by them, provided that no auctioneer shall have the privilege of appointing more than one such deputy or agent, except in the parish of Orleans, where the auctioneers shall each have the privilege of appointing two such deputies or agents; that every agent of said auctioneers shall be constituted such by power of attorney passed before a notary public of the parish in which said auctioneers Sureties to be exercise their functions; and to said notarial act the surety or sureties of said auctioneer shall be parties, and shall give his or their consent to the appointment of said agent or agents, which said consent shall prevent the said sureties from pleading any exemption from said responsibility on the bond of said auctioneer in consequence of any appointment made under the provi sions of this act.

parties to notarial act.

Act 1867, p. 101.

4

leans not to

than one store

and one for

Sec. 159. No auctioneer in the city of New Orleans shall, at the same time, have more than one house or store for the pur- Auctioneers pose of holding his auction of dry goods sales, and one for the in New Or purpose of holding his grocery sales. He may sell at different have more exchanges in the city or at private stores, when called upon to for dry goods do so by the owners, any kind of movable or immovable prop- groceries. erty. He may sell in the public streets or on the levee all goods sold in original packages, as imported household furniture, and such bulky articles as are usually sold at such places. And every auctioneer, on the first day of November of each year, shall designate, in a writing signed by him, such house or store, and shall also name therein the partner, if any, engaged with him in business, and shall deposit the writing or declaration with the auditor.

Act 1855, p. 106.

Sec. 160. No auctioneer shall demand or receive a higher

compensation for his services than a commission of two and a Their commishalf per cent. on the amount of any sale, public or private, sions.

made by him; and on sales of succession property, of property

belonging to minors, or in which they may be interested, and on property surrendered by insolvents made pursuant to an order or decree of any court of the State, by the sheriff or an auctioneer, upon all sums under twenty-five hundred dollars one per cent., and on all sums over that amount one-half of one per cent. In all sales made by the representatives of a succession or syndic of an insolvency they shall charge no commission. Sec. 161. The State duty or tax upon all sales by public auction of stocks of banks or incorporated companies, bonds of sales of stock, the State, bonds of the city of New Orleans, or bonds of incorporated companies, or insurance scrip of any kind, shall be one-quarter of one per cent.

D. Sec. 317, 3339, 3404. Act 1859, p. 166.

State tax on

etc., at public auction.

Auditor to re

num- quire the auc

Sec. 162. It shall also be the duty of the auditor to require all auctioneers in the city of New Orleans to keep in a book, to be provided at their expense, and to be by the said auditor bered from the first to the last page, a correct and true account of all sales made by them from day to day, showing the date of each sale, the name of the seller and buyer, and the amount of the sale; to call as often as he may deem proper on any auctioneer and require the production of any books or accounts kept by him in the ordinary course of his business as such; to examine and compare with the books the account to be rendered by all auctioneers, and certify the same under his hand; to copy into a book to be kept by him, the account so examined, and mention the day on which it was presented.

D. Sec. 177. Act 1855, p. 125.

tioneers of the
Orleans to
of sales in a

city of New

keep accounts

book.

Auctioneers'

Sec. 163. Hereafter all bonds required under existing laws to be given by auctioneers, shall be for the term of two years from bonds shall be the date they may be approved by the proper officer to approve of two years. such bonds; and such bonds shall not affect any sureties there

for the term

Expiration of prior bonds.

on, except for acts of the principal during the time for which such bonds were executed.

Act 1869, p. 43.

Sec. 164. Within twenty days after the passage of this act in the parish of Orleans, and within sixty days after the passage of this act in the other parishes of this State, all auctioneers' bonds at present in force shall be deemed to expire, and the sureties thereon shall not be liable on any such bonds for any act of the principal in said bonds, after the date of their expiration as provided by this act.

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