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Affidavit of

no sales.

Penalty.

Notice of Deglect.

as is designated by the comptroller to receive the state deposits, taking its receipts therefor, and shall immediately transmit them to the comptroller, who shall certify the payments to the treasurer and charge him with the same. Other auctioneers shall

pay the duties to the state treasurer.

1 R. S., 1074, §§ 46, 47.

§ 743. Every auctioneer, except those in the city of New York, who, within the period limited for his accounting, has made no sales, public or private, liable to auction duties; and every auctioneer in the city of New York who has made no sales whatever, shall, instead of rendering an account, make affidavit of those facts before the officer mentioned in section 739, and transmit the same to the comptroller, within the same time that an account is required to be exhibited.

Ib., § 48.

§ 744. Every auctioneer, partner or clerk of an auctioneer, and every person whatever in any way connected in business with an auctioneer, who neglects to perform any act required of him by the last seven sections, is liable to a penalty of seven hundred and fifty dollars for each offense.

Ib., § 49.

§ 745. The comptroller shall certify and publish in the state paper every such neglect of an auctioneer; and from the time of the publication

such auctioneer shall be deemed disqualified to act as such.

1 R. S., 1074, § 50.

Auction

eer's book to be ex

§ 746. The comptroller shall cause an examination to be made, at least once in each year, of the amined. books and accounts of sales of auctioneers who have given bonds, employing, for that purpose, at reasonable compensation, such agent or agents as he deems necessary. The agents have power to administer oaths to auctioneers, and to require information necessary to ascertain the true amount of goods sold.

Ib., 1076, § 59, first clause, and § 60.

the bond.

§ 747. If any auctioneer neglects to make a re- Action on port in the manner and within the time required or pay the duties thereupon, or if a false report, the comptroller shall cause an action to be brought against him and his sureties upon the bond.

1 R. S., 1070, § 59, last clause.

§ 748. Every auctioneer who willfully neglects Punish.

to render the report required by section 738 is guilty of a misdemeanor.

2 R. S., 878, § 36.

ment of willful neg.

lect.

ARTICLE V.

FRAUDS AND PENALTIES.

SECTION 749. Penalties, how recovered.

750. Fraud.

how recov ered.

§ 749. The penalties imposed by the provisions Penalties, of this chapter, not otherwise appropriated, shall

Fraud.

be prosecuted for by the district attorney of the county in which the offense is committed. The comptroller shall give immediate notice of every offense to the proper district attorney, or he may if he deems necessary, give such notice to the attorney-general, who thereupon may prosecute therefor. The moneys recovered, deducting a proper compensation to the prosecuting officer, to be fixed by the comptroller, shall be paid to the treasurer of the county.

1 R. S., 1075, §§ 54, 55.

any

§ 750. Every auctioneer, or other person acting as such, who is guilty of fraudulent practices in business or in executing or eluding the provisions of this chapter, is guilty of a misdemeanor, and is liable in treble damages to any party injured.

From 1 R. S.. 1070, § 21; 1075, § 53.

Peddling

without

CHAPTER V.

PEDDLING.

SECTION 751. Peddling without license forbidden.

752. Applicant to pay duties.

753. Application, how made.

754. Peddlers to produce license.

755. Citizens may apprehend offenders; duty of overseers of

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license for to place, any articles, the growth, produce or man

bidden.

ufacture of any foreign country, except pursuant to

the terms of, a license first obtained by him in the manner hereinafter provided, under penalty of twenty-five dollars for each offense, for the use of the poor of the town where the offense is committed.

1 R. S., 1089, §§ 1, 6.

to pay du.

ties.

§ 752. Every applicant for a license shall first Applicant pay into the state treasury the following duties for one year's license, or at a proportionate rate for any shorter time not less than six months:

1. If he intends to travel on foot, twenty dollars;

2. If with a single horse or other beast, carrying or drawing a burden, or with a boat or boats, thirty dollars; with any vehicle drawn by more than one horse or other animal, fifty dollars.

Ib., 1080, § 3.

§ 753. He shall then deliver to the secretary of Application state the treasurer's receipt for such duties, countersigned by the comptroller, together with an application signed by himself or his authorized agent, specifying in which mode he intends to travel; and the secretary of state shall thereupon, on payment of his fees, issue a license under his seal of office, and signed by himself or his deputy, authorizing such applicant to travel and trade within this state as a hawker or peddler, in the manner stated in the application, for a specified term, not less than six months, nor more than one year, according to the application and duties; and on the expiration of

Peddlers to

produce license.

Citizens

may appre

hend offenders; duty of overseers

any license it shall be renewed, on the like payment of duties and application therefor, upon the

same terms.

1 R. S., 1080, §§ 2, 5.

§ 754. Every person found trading, as described in section 751, who refuses to produce a license therefor to any citizen who demands the same, shall, for each offense, forfeit the sum of ten dollars to the overseers of the poor of the town in which the demand is made, for the use of the poor therein; and every such offender, who, after notice, neglects to pay the above penalty, shall be committed, by the justice before whom the conviction is had, to the county jail for the term of one month.

Ib., 1081, § 7.

755. Any citizen may arrest any person who violates sections 753 or 754, and convey him before

of the poor. any justice of the peace in the county. The overseers of the poor in each town shall enforce these provisions, whenever any violation comes to their knowledge.

Prosecution of offender.

Ib., § 8.

§ 756. Such justice, if a sufficient license is not produced and if the fact of trading is proved or confessed, shall convict the offender accordingly, and issue his warrant, directed to some constable of the county, commanding him to cause twenty-five dollars, with costs not to exceed five dollars, to be forthwith levied of the goods of the offender. The

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