terms of sale, and the names of the purchaser, and of the person on whose account the sale is made. TITLE 1. account. S 27. Every auctioneer who shall have entered into the bond re- Quarterly quired by law, shall make out in writing a quarterly account, dated on the first days of April, July, October and January, in the year for which he is appointed, and shall therein state minutely and particularly, 1. The sums for which any goods or effects shall have been sold at every auction held by him, or in his behalf, from the time of his entering into such bond, or the date of his last quarterly account : 2. The days on which sales were so made, and the amount of each day's sale, designating the sales made by himself or in his presence, and those made in his absence by a partner or clerk acting in his behalf, and specifying the causes of such absence: 3. The amount of all private sales made by himself or any of his partners, on commission, and the days on which such sales were made : 4. The amount of the duties chargeable under the provisions of this Title, on all the sales, public and private, mentioned in the account. 16 hibited. $ 28. Every such account, within twenty days after the day on To whom exwhich it is dated, shall be exhibited, if made out, by an auctioneer appointed in a city, to the mayor or recorder of such city; and if by an auctioneer appointed for a county, to any judge of the county courts of such county." 16 S29. Every auctioneer exhibiting an account, shall take the fol- Oathlowing oath, before the officer to whom the account shall be exhibited: "I do solemnly and sincerely swear, (or affirm) that the account now exhibited by me, and to which I have subscribed my name, contains a just and true account of all the goods, wares, merchandize and effects, sold or struck off, or bought in by me, at public sale, or sold by me at private sale on commission, whether subject to duty or not, or sold, struck off, or bought in as aforesaid, by others in my name, or under my direction, or for my benefit, within the time mentioned in the within account; and of the days upon which the same were respectively sold; and that I have attended, personally, such of the said public sales as are not stated in the said account to have been made without my attendance; and that the causes therein mentioned, of my absence from such sales as I did not attend, are truly stated that I have examined the entries of all the 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; and further, that I have, during the time therein mentioned, conformed, in all things, to the true intent and meaning of the laws regulating sales by (16) Laws of 1817, p. 328, § 5 & 6. TITLE 1. auctioneers, according to the best of my knowledge, information and belief." Such oath shall be reduced to writing, be endorsed on the account, and be subscribed by the auctioneer taking it."7 Partner also to make oath. Duty of partner or clerk $30. Every partner of such auctioneer shall also make and subscribe an oath, to be endorsed on the account, that he believes the account so rendered, to be just and true in every particular.1 $31. Every partner or clerk, who shall have made any sale on as to account. behalf of an auctioneer, shall, in the account rendered by such auctioneer, set his name, or the initials thereof, opposite to each sale made by him, mentioned in such account; and shall make and subscribe an affidavit to be annexed to such account, stating that the sales so noted are all the sales liable to auction duties, public or private, made by him within the time mentioned in the account, and that the account of such sales, so therein stated, is just and true; that such sales were made by him, in the absence of such auctioneer, who was unable to attend from the causes specified in his account; and that in all acts performed by him, in behalf of such auctioneer, during the time aforesaid, he had endeavored to conform to the true intent and meaning of the laws regulating sales by auctioneers. 18 Duties when to be paid. Payments where to be made. Receipt to be $ 32. Every auctioneer, within ten days after he shall have exhibited his account, shall pay for the use of this state, the duties accrued on the sales mentioned in the account, together with the additional sum of two and one half per cent. on the whole amount of such duties, and immediately after such payment, shall deliver or transmit such account, with the affidavits endorsed thereon, and annexed thereto, to the comptroller, to be filed in his office. 19 $33. Every such payment, if made by an auctioneer appointed for any other place than the city of New-York, shall be made to the treasurer of this state, and by every auctioneer in the city of NewYork, shall be made to such bank in the city of New-York as shall be designated by the comptroller, as entitled to the state deposits according to law; and the receipt of the proper officer of the bank shall be taken therefor. 19 $34. The auctioneer taking such receipt shall immediately transsent to comp mit the same to the comptroller, who shall thereupon certify such payment to the treasurer, and charge him with the amount thereof. 19 troller. Affidavit if no sales be made. $35. Every auctioneer, who within the period limited for his accounting, shall have made no sales, public or private, of goods or ef fects liable to auction duties, shall make and subscribe an affidavit of those facts, before any officer to whom his account, had such sales been made by him, might have been exhibited, and shall transmit a copy of such affidavit, certified by the officer taking it, to the comp (17) Laws of 1817, p. 328, § 5 & 6. (18) Ib. § 11. (19) Ib. § 5, 6, & 19. troller, within the same time that an account is required to be rendered. 20 TITLE 2. neglect of $36. Every auctioneer, and every partner or clerk of an auction- Penalty for eer, who shall refuse or neglect to perform any act or duty, which in duty. either of the last nine sections he is required to perform, shall, for each offence, forfeit to the people of this state, the sum of seven hundred and fifty dollars.21 of neglect. $37. It shall be the duty of the comptroller to certify and publish Publication in the state paper, every such refusal or neglect of an auctioneer; and from the time of such publication, the delinquent auctioneer therein named, shall be deemed to have forfeited his appointment, and shall be incapable of doing any act by virtue thereof.21 York $ 38. All sales of goods, by public auction, in the city of New- Sales in NewYork, by an auctioneer, shall be made in the day time, between sunrise and sun-set, excepting, 1. Books, or prints : 2. Goods sold in the original package, as imported, according to a printed catalogue, of which samples shall have been opened and exposed to public inspection, at least one day previous to the sale. Every auctioneer who shall violate the provisions of this section, Penalty. shall be deemed guilty of a misdemeanor, and on conviction, shall forfeit his appointment.22 $39. Every person who shall be guilty of any fraud or deceit, in Ib. the execution of this Title, or who shall, by any fraudulent means, seek to elude or defeat its operation, shall be deemed guilty of a misdemeanor, and shall forfeit treble damages to the party injured. how prosecu $40. All forfeitures, imposed in this Title, and not otherwise spe- Forfeitures, cially appropriated, shall be prosecuted for, by the district attorney of ted for. the county in which the offence shall be committed, in the name of the people; and it shall be the duty of the comptroller to give immediate notice to the proper district attorney, of every such forfeiture believed to have been incurred. The monies recovered, deducting a proper compensation to the district attorney, to be settled by the comptroller, shall be paid to the treasurer of the county in which the offence shall be committed, for the use of the poor of such county. TITLE II. OF THE INSPECTION OF PROVISIONS, PRODUCE, AND MERCHANDIZE. ART. 1.-Of the inspection of flour and meal. ART. 2. Of the inspection of beef and pork. ART. 3. Of the inspection of pot and pearl ashes. (20) Laws of 1817. p. 328, § 5, 6, & 19. (21) Ib. § 9. (22) Ib. § 10. ART. 12. Of the inspection of leaf tobacco, in the city of New-York. ART. 13.-General provisions. Flour and meal, when to be inspect ed. Ib. ARTICLE FIRST. Of the Inspection of Flour and Meal. SEC. 1. Flour and meal not to be exported from this state, unless inspected; exceptions. 2. When and where to be inspected, and when to be re-inspected. 3. Flour and meal manufactured in this state for exportation, to be packed in casks. 4. Dimensions of casks. 5, 6, 7 & 8. Casks how marked and branded. 9. When packed and branded, inspector to inspect same. 10. His duty in so doing. 11. No cask containing Indian meal to be branded, unless made of kiln-dried corn. 12. Inspector to deliver to owner, flour and meal taken from cask. 13. Flour and meal not made in this state, to be inspected before sale in New-York. 14. Penalty for shipping flour and meal without being inspected. 15. Vessels suspected to contain flour, &c. shipped contrary to law, to be searched. 16. Inspector may seize and sell all flour or meal so shipped; his proceedings. 17. Penalty for offering casks of flour or meal, on which tare is undermarked. 18. Penalty for undermarking tare of cask. 19. Penalty for exporting casks marked "light." 20. Penalty for neglecting to have flour or meal inspected at place of exportation. 22. Penalty for offering for sale mixed flour, as good wheat flour. 23. Penalty for transporting into New-York, Indian meal, upon deck of vessel. 24. No inspector to purchase or sell flour or meal, except for his own use; penalty $1. No wheat flour, rye flour, Indian meal, or buckwheat meal shall be shipped for exportation from this state, excepting to be carried down the Susquehannah, or on the lakes, or the river St. Lawrence, unless it shall have been inspected, approved and branded, according to the provisions of this Article. But this prohibition shall not extend to any flour or meal, which shall be brought from any other state, through one of the canals, and which shall have been inspected and branded, according to the laws of such state.23 $ 2. All flour or meal purchased for exportation, shall be inspected at the place of exportation; and if shipped between the first day of May and the first day of October, shall be re-inspected at the time it shall be shipped, unless it shall have been inspected within thirty days previous to such shipment. (23) This Article was compiled, with some variations and additions, from the following statutes: 2 R. L. 320; Lawe of 1822, p. 117; 1827, p. 323. $3. All wheat flour, rye flour, Indian meal, or buckwheat meal, manufactured for exportation in this state, shall be packed in good and strong casks, made of seasoned oak, or other sufficient timber, and hooped with at least ten hoops, three of which shall be on each chime, and properly nailed. ART. 1. How packed. $ 4. The casks shall be of two sizes only; one size shall contain Size of casks. one hundred and ninety-six pounds of flour or meal, with staves of twenty-seven inches long, and each head sixteen and one half inches in diameter; the other size shall contain ninety-eight pounds, with staves twenty-two inches long, and each head fourteen inches in diameter, or with staves twenty seven inches long, and each head not more than twelve inches in diameter; but Indian meal may likewise be packed in hogsheads, which shall contain eight hundred pounds. marked and $5. The casks shall be made as nearly straight as may be, and Ib. how their tare shall be marked on one head with a marking iron; they branded. shall likewise be branded with the weight of the flour and meal contained therein, and with the initials of the christian name and the surname of the manufacturers thereof, at full length, except hogsheads of Indian meal, on which the weight only shall be branded. $6. Every such cask of wheat flour, shall be branded as follows: n. if of a very superior quality, "Extra Superfine;" if of a quality now branded "Superfine," with the word "Superfine;" if of a third quality, "Fine;" if of a fourth quality, "Fine Middlings;" if of a fifth quality, "Middlings;" if of a sixth quality, "Ship Stuffs." $7. Each cask of rye flour intended for the first quality, shall be u branded with the words "Superfine Rye Flour;" and each cask intended for the second quality, with the words "Fine Rye Flour." $8. Each cask of Indian meal shall be branded with the words Ib. "Indian Meal ;" and each cask of buckwheat meal, with the letter and word "B. Meal." inspect. S9. When the flour and meal has been packed, and the casks Inspector to branded, according to the preceding provisions, application may be made to an inspector of flour and meal, and it shall be his duty to examine and determine the quality of the flour and meal. S 10. It shall be the duty of the inspector, 1. To ascertain by examination the weight of all the casks which he may suspect of being falsely tared: 2. To alter and correct the brands, in all cases where he shall be of opinion, that they do not designate the real quality of the flour or meal : 3. To weigh such casks as he shall suspect not to contain the full weight, and if they do not contain the full weight, to brand them with the word "Light:" His duty. |