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What goods may be

sold by any



Auctioneers only to act in this state

United States, without having filed the bond hereinbefore required, or being authorized as assistant to one who has filed such bond, as provided by section 725, shall forfeit one hundred and twenty-five dollars for each article so exposed by him to sale; and he is guilty of a misdemeanor.

From 1 R. S., 1069, §§ 7, 8, 9, 10; Laws of 1856, ch 26; 1 R. S., 1071, §§ 23, 28; 1069, § 11.

§ 724. Except in the cities mentioned in the preceding sections, sales where no duties are imposed may be made by any citizen of the state.

From 1 R. S., 1069, § 10.

§ 725. Every auctioneer, in case of his inability to attend an auction, by sickness, by duty as a fireman, by reason of military orders, or necessary attendance in a court of justice, or in case of 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 copartner or clerk having previously taken an oath, to be filed with the clerk of such county, fully and faithfully to perform the duties incumbent on him by the provisions of this chapter, and which oath shall also contain a true statement of the connection that exists between him and the auctioneer. 1 R. S., 1069, § 12.

§ 726. Every auctioneer who accepts an appointment as auctioneer from any other state, or who is concerned as principal or partner in selling any property in any other state by public auction, or

who receives any benefit on account of any such sale, is guilty of a misdemeanor, and on conviction shall be incapable, forever thereafter, of acting as an auctioneer within this state.

1 R. S., 1071, § 29.



SECTION 727. Auctioneers in cities to designate their place of sale.

728. To sell at no other place.

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§ 727. No auctioneer, in any city of this state,

shall at one time have more than one place for holding auctions; and every such auctioneer, before acting as such, shall file with the clerk of such city a writing, signed by him, designating such place, and naming therein the partners, if any, engaged with him in business.

1 R. S., 1071, § 30.


in cities to designate

their places

of sale.

no other


§ 728. No such auctioneer shall expose to sale, To sell at by public auction, any articles liable to auction duties, at any other place than that so designated, except goods sold in original packages as imported, household furniture, and such bulky articles as have


Power of

common councils.


ments of

usually been sold in warehouses, or in the public streets or on the wharves.

1 R. S., 1071, § 31.

§ 729. A violation of any provision of the last two sections is a misdemeanor, and punishable by a fine not exceeding two hundred and fifty dollars for each offense.

Ib.. 1072, § 32.

§ 730. The common council 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.

Ib., § 33.

§ 731. Every auctioneer in the city of New York New York shall, under his own name, give previous notice, in

auctions in



sales in New York

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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 shall in all cases precede, separately and individually, the name of such person or the title of the firm. Any person carrying on, interested in, or employed about such business in the city of New York, who advertises a sale by auction in any other manner, or is concerned in any sale by auction not so advertised, is guilty of a misdemeanor.

Ib', §§ 34, 35.

§ 732. All sales of goods by public auction in the aud Albany, cities of New York and Albany, shall be made in the daytime, between sunrise and sunset, 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 violates the provisions of this section is guilty of a misdemeanor, and on conviction shall be disqualified to act as such.

1 R. S., 1074, §§ 51, 52.

auctions in


§ 733. All auctioneers doing business in the city Supression of New York, must, between the first and fifteenth New York of June, in each year, obtain from the mayor of the city a license therefor, on filing a bond with two good sureties in the penalty of two thousand dollars. The mayor, on the complaint of any person having been defrauded by any auctioneer or his clerk, agent or assignee, doing business in that city, shall take testimony under oath relating thereto; and if the charge is in his opinion sustained, he shall revoke the license and commit the offender for trial, and direct the bonds to be forfeited.

Laws of 1853, ch. 138, § 219.


§ 734. No auctioneer shall demand or receive a Commis higher compensation for his services than a commission of two and one half 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; and every auctioneer who violates this section shall forfeit two

Private sales on same day

hundred and fifty dollars, and shall also refund the excess to the party aggrieved.

1. R. S., 1072, §§ 36, 37.

§ 735. No auctioneer, on the day and at the place prohibited. of his auction, nor any person whatever, on the same day and at the same place, shall sell at private sale any property liable to auction duties, under penalty of a sum equal to the price for which such goods are sold.

Bale not executed at the time.

Goods damaged at sea.

Ib., § 38.

736. When goods are struck off and the bargain is not immediately executed by payment or delivery, it is the duty of the auctioneer to enter, in a sale book to be kept by him for that purpose, a memorandum of the sale, specifying the nature, quantity and price of the goods, the terms of sale, and the names of the purchaser and of the party on whose account the sale is made.

Ib., § 39.

§ 737. Sales of vessels condemned, vessels' materials and goods in a damaged state, sold in the port of New York, by reason of such damage, for the benefit of owners and underwriters or for account of whom it may concern, and duties of auctioneers in relation to such sales, are regulated by chapter I of title III of this part. In other cities and counties they are sold under the direction of the inspectors of damaged goods therein.

Ib., 1069, § 13.

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