ARTICLE I. AUCTIONEERS. SECTION 3284. Who may become auctioneers and how. 3285. The bond, sureties, approval, and filing. 3286. Government goods are exempt. 3287. Original application, how classified. 3288. Renewal of license. 3289. Renewal for how long; exceeding class by sales. 3290. Not to transfer license. 3291. Auctioneers ex officio. 3292. Assistant, who may be and when. 3284. Any citizen of this State may become an auctioneer for the county in which he resides, and is authorized to sell real and personal property at public auction, on giving a bond in accordance with the provisions of this Article for the faithful performance of his duties, and on the payment of the license therefor. NOTE.-Stats. 1859, p. 352, Sec. 1. Acting without license.-See Secs. 435, 436, Penal Code Cal. What authority is vested in the auctioneer by the seller.-See Civil Code Cal., Vol. II, p. 85, Sec. 2362, and note. Authority from bidder.-Id., Sec. 2363, and note. Auctioneer's memorandum.-Id., Sec. 1798, Vol. I. Modification of conditions of sale.-Id., Sec. 1795; see, also, note to Sec. 3310, post. 3285. The bond must be conditioned to be paid to the people of the State of California, with one or more sureties, in the sum of five thousand dollars, and approved by the County Judge of the county in which the auctioneer proposes to do business, and must be filed in the office of the County Clerk of the county. NOTE.-Stats. 1859, p. 352, Sec. 2. 3286. No auctioneers' license is required for the selling of any goods at public sale belonging to the United States, or to this State, or for the sale of property by virtue of any process issued by any State or Federal Court. NOTE.-Stats. 1859, p. 354, Sec. 5. 77-VOL. I. Original application how classified. Renewal of license. Renewal for how long; exceeding class by sales. Not to transfer license. Auction eers ex officio. 3287. Every original application for auctioneers' license must be accompanied with a verified statement of the amount of sales proposed to be made monthly, and the license charge must be for the first quarter classified thereby. NOTE.-Unlawfully acting as auctioneer.-See Sec. 436, Penal Code Cal. 3288. Every auctioneer applying to the Tax Collector for a renewal of his license must accompany the application with a statement, under oath, setting forth that his average receipts per month on account of sales during the preceding quarter did not exceed the amount specified in the class of license for which he applies. The Tax Collector must provide blank forms of affidavit for that purpose, and administer the oath required to such applicants without charge. NOTE.-Stats. 1859, p. 354, Sec. 6. 3289. After the first quarter licenses may be issued for the class fixed for a term not exceeding one year, at the option of the auctioneer. No auctioneer must exceed the amount of sales of the class in which his license is fixed. For every violation of this section, in addition to the criminal penalty, the auctioneer forfeits two hundred and fifty dollars. NOTE.-Stats. 1861, p. 446, Sec. 83. 3290. No auctioneer is permitted to transfer his license to any other person for any part of the time for which his license is issued; nor is any auctioneer permitted to use his license for the purpose of transacting an auction business in more than one store or specified place of business. NOTE.-Stats. 1859, p. 354, Sec 7. 3291. In any city or town where there is no auctioneer, the Sheriff or a Constable thereof is ex officio auctioneer, and is permitted to sell any property, real or personal, at public auction; and for any delinquency as such ex officio auctioneer he is liable on his official bond. NOTE.-Stats. 1859, p. 354, Sec. 9. who may 3292. Every auctioneer, in case of inability to Assistant, attend an auction by reason of sickness, or the per- be and formance of any duty imposed upon him by law, or during a temporary absence from the city or county within which he is auctioneer, may employ a copartner or clerk to hold such auction in his name and behalf, such employé to take and file with the Clerk of the county an affidavit faithfully to perform the duties of auctioneer. ARTICLE II. REGULATIONS RESPECTING SALES. SECTION 3302. Auctioneers in cities to designate their places of busi ness. 3303. To sell at no other place. 3304. Power of city authorities. 3305. Book for live stock. 3306. Other books. 3307. Advertisement of auction sales in San Francisco. tioneers in cities to designate places of 3302. No auctioneer in any city of this State Aucmust have at one time more than one place for holding auction; and every such auctioneer, before acting as their such, must file with the Clerk of the county in which business. such city is situated a writing signed by him designating such place, and naming therein the partners, if any, engaged with him in business. no other 3303. No auctioneer must expose to sale any To sell at articles at any other place than that so designated, place. except goods sold in original packages as imported, household furniture, and such bulky articles as have Power of city authorities. Book for live stock. Other books. Advertiso ment of auction sales in San usually been sold in warehouses, or in the public streets, or on the wharves. 3304. The Common Council or other corresponding authority of each city may designate such place or places therein for the sale by auction of horses, carriages, and household furniture, as they deem expedient. 3305. Every auctioneer who sells any animal of the horse kind, or any mules, must keep a book, in which he must register the name of each and every person bringing or offering any horse or mule to be sold, and the name of the person purchasing such horse or mule, together with the date of such sale, and a description of each horse or mule sold, together with the marks and brands. The book is a public record, subject to the inspection of any person desiring to inspect the same. NOTE.-Stats. 1859, p. 354, Sec. 10. 3306. Each auctioneer must keep a book, in which he must enter all sales, showing the name of the owner of the goods sold, to whom sold, and the amount paid, and the date of each sale, which book must at all times be open for the inspection of any person interested therein. NOTE.-Stats. 1859, p. 355, Sec. 11. 3307. Every auctioneer in the City of San Francisco must, under his own name, give previous notice Francisco. in one or more of the public newspapers printed in that city of every auction sale made by him; and in case he is connected with any person or firm, his name must in all cases precede, separately and individually, the name of such person or the title of the firm. Evening sales in San Francisco and Sacramento. 3308. All sales of goods by public auction in the Cities of San Francisco and Sacramento must be made in the day-time, between sunrise and sunset, excepting: 1. Books, prints, or paintings; 2. Goods sold in the original package as imported, according to a printed catalogue, of which samples must have been opened and exposed to public inspection at least one day previous to the sale. 3309. sioners, and overcharge. No auctioneer must demand or receive a Commishigher compensation for his services than a commis- penalty for sion of one per cent on the amount of any sales, public or private, made by him, unless by virtue of a previous agreement in writing between him and the owner or consignee. Every auctioneer who violates this section, in addition to the criminal penalty, forfeits to the party aggrieved two hundred and fifty dollars, and must refund the excess of charge. 3310. Every auctioneer must quarterly make to Quarterly the County Auditor a report, under oath, showing: 1. The aggregate amount of auction sales made by him for the preceding quarter, designating the months and the amount for each month; 2. The days of each month on which auction sales were made, and the character of property sold by him during each month; 3. The amount of all private sales made, and the day on which they were made; 4. A statement of any partner, clerk, or other employé connected with him in his business, and what sales, if any, have been conducted by them, and why; and 5. The particular place where his business is conducted. NOTE.-See Civil Code Cal., Vol. 1, p. 552, Secs. 1792-1798, inclusive, and notes, as to "sales at auction," and the rules of law governing the same. Sale of delinquent stock at auction.-Id., Sec. 341. Of pledged property.-Id., Sec. 3005. Mistakes are not required to be corrected by auctioneer, as to quantity sold, after the delivery of receipt containing bill of items and the purchase money, or a part, is paid.-See Burgoyne et report of sales. |