do fied on the account so rendered, as aforesaid: "I SEC. 17. Every such auctioneer shall, within ten days after rendering the account, and taking the oath aforesaid, pay the amount of duty upon such account of sales to the general treasurer, for the use of this state; and the amount of duty due the town to the town treasurer; and in case no sales on which duties are payable shall have been made, the auctioneer shall make an affidavit thereof, at the time and in the manner above directed, and transmit such affidavit to the general treasurer. SEC. 18. In case any auctioneer shall fail to render his account or affidavit to the general treasurer as aforesaid, or shall fail to pay the duty due the state or town at the time and in the manner aforesaid, he shall forfeit for every such neglect five hundred dollars, to be sued for by the general treasurer, to the use of the state; unless the neglect be in not paying the duty due the town, and then by the town treasurer, to the use of the town. SEC. 19. Every auctioneer elected and qualified according to law in any town, may sell real and personal estate in any other town in the county in which he shall have been so elected: Provided, such other town shall have failed to elect or appoint an auctioneer; or if the auctioneer elected by such town shall have failed to qualify himself according to law within ten days after his election. SEC. 20. Every auctioneer having made sales in any other town than the town in which he is elected or appointed, shall make returns of such sales to the town in which they shall have been made, in the same manner as he is now required to make returns to the town in which he is elected, and such auctioneer may omit from his returns to the town in which he is elected, any sales made by him as aforesaid. SEC. 21. If any person shall hereafter assume or exercise the office of an auctioneer in any town, unless as above excepted, without being legally chosen thereto, and without being duly qualified, he shall forfeit five hundred dollars, to be recovered by the town treasurer, to the use of such town. Auctioneer to pay over duties; affidavit, if none to pay. Penalty on auctioneers for neglect of duty. When auctioneer may sell in his county. other towns of Returns of such sales, how to be made. Penalty for falsely assuming office. Expressmen, we, to comply with provisions of this chapter. To appoint some resident citizen to ac cept service of process. Copy of power, where filed, what evidence of. Of new ap revocation of powers. SECTION 1. No corporation, unless incorporated by the general assembly, and no individual or copartnership, unless such individual or copartnership, or the members of such copartnership, are residents of this state, shall transport or engage in the transportation of any goods, wares, merchandise, or parcels of any description within this state, until such corporation, individual, or copartnership, shall have complied with the provisions of this chapter. SEC. 2. Every such corporation, individual, or copartnership shall, by a written power, appoint some citizen of this state resident therein their attorney, with power and authority to accept service of all lawful process against such corporation, individual, or copartnership, and to cause an appearance to be entered in like manner as if said corporation had existed, or said individual or the members of said copartnership had been residents of, and been duly served with, process within this state. SEC. 3. A copy of such power of attorney, duly certified and authenticated, shall be filed with the secretary of state, and copies thereof duly certified shall be received in evidence in all courts in this state. SEC. 4. If such attorney shall die or resign, or be removed, pointments and such corporation, individual, or copartnership shall make a new appointment as aforesaid, and file a copy with the said secretary as above prescribed, so that at all times there shall be within this state an attorney authorized as aforesaid; and no such power of attorney shall be revoked, until after like power shall have been given to some competent person and a copy thereof filed, as aforesaid. Service on attorney valid. Other papers to be filed in office of secretary of state. Penalty for violating this chapter. SEC. 5. Service of process upon such attorney shall be deemed sufficient service upon his principals. SEC. 6. Every such corporation or copartnership shall file in the office of the secretary of state, with the written power aforesaid, a copy of the charter of such corporation, or list of the names and the places of residence of all the members of said copartnership. SEC. 7. Every person, corporation, or copartnership violating any of the provisions of this chapter, shall forfeit five hundred dollars. mon carriers. SECTION 1. Every person who is a common carrier, shall receive Duties of comand transport all goods, wares, and merchandise offered to him by any person, as promptly and upon as favorable terms and conditions as such common carrier is receiving and transporting goods, wares, and merchandise, at the place in which the same are offered to be delivered to him, in the ordinary course of his business, for any other person. SEC. 2. The supreme court, or any justice thereof, in term time or How enforced. vacation, may enforce compliance with the foregoing provisions by writ of injunction or mandamus. SEC. 3. Every person, being a common carrier as aforesaid, who shall refuse or neglect to receive and transport goods, wares, and merchandise, in the manner above provided, shall forfeit not less than fifty dollars, nor more than five hundred dollars, for every offence. Penalty for refusal, &c., to goods. transport Liability to person ag grieved, &c. When carriers claimed articles; sell unmay SEC. 4. Every such person who shall so neglect or refuse, shall also be liable to any person aggrieved, in an action on the case, for any injury sustained by him, by reason of such neglect or refusal. SEC. 5. Every common carrier who shall have had any unclaimed article, not perishable, in his possession for a period of one year, may sell the same at public auction, and out of the proceeds may retain the charges of transportation, storage, and advertising, and expense proceedings in of sale thereof; but no sale shall be made until the expiration of such case. four weeks from the publication of notice of such sale in a newspaper published at the place where such sale is to take place, if one is there published; if not, in the one published nearest to said place of sale; and such notice shall contain a description of such article, together with the name of the person to whom addressed. SEC. 6. Whenever any common carrier has transported property When perishconsisting of either fresh meats, fresh fish, shell fish, fruit, vegetables, able property may be sold, or other perishable property, to their place of destination, and has and how, and notified the owner or consignee thereof of the arrival of the same, disposition of and the owner or consignee after such notice has refused or proceeds of omitted sale. to receive and take away the same, and pay the freight and proper charges thereon, said carrier may sell the same at public or private sale without advertising, and the proceeds, after deducting the amount of said freight and charges, and expense of sale, shall be paid to the owner or consignee: Provided, that if the owner or consignee cannot be found on reasonable inquiry, the sale may be made without such notice. SEC. 7. The proceeds of all property thus sold, after deducting costs of transportation, storage, advertising, and expense of sale, in case the owner or consignee does not appear within six months after said sale, shall be paid over to the general treasurer for the use of the state, and the person making such payment shall, at the time thereof, file with the general treasurer a particular account in writing, verified by his oath, or the oath of some other competent person, of the property sold, and of said cost of transportation, storage, advertising, and expense of sale. Proceeds, how disposed of, if not claimed within six months. Penalty for hawking or peddling without license. Each sale a separate offence. Offender, how prosecuted; proceedings on complaint. General treasurer to grant licenses; price of same. SECTION 1. Every person, unless licensed as hereinafter required, who shall, as a hawker or peddler, sell or offer for sale, or carry through or into any town in this state, to be sold or bartered from packs, packages, horses, carts, or other vehicles, any goods, wares, or merchandise whatever, shall forfeit fifty dollars. SEC. 2. Every individual sale, or offer for sale, made contrary to the provisions of this chapter, shall be deemed and construed as a distinct and separate offence; and the person making the same shall be liable to be prosecuted therefor, in the manner hereinafter prescribed. SEC. 3. Whenever complaint shall be made to any trial justice or clerk of a justice court within his county, that any person within such county is selling, or offering for sale, any article contrary to the preceding section, such trial justice or clerk shall examine the complainant under oath, reduce his complaint to writing, and cause the same to be by him signed. If the complainant shall then enter into a recognizance in such sum, not exceeding fifty dollars, with such surety as the trial justice or clerk shall direct and approve, to prosecute such complaint to final judgment with effect, or in default thereof to pay the costs that may accrue thereon, such trial justice or clerk shall issue a warrant to seize the article or articles so offered for sale; together with all other prohibited merchandise then in the immediate possession of the person complained of, with the packs, packages, carriage, and horse, or other vehicle, upon or in which the same shall have been transported; and to summon such person to appear before the justice court of said town, and show cause why all such property should not be adjudged forfeited; and if, upon trial, it shall appear that such complaint is true, then all such property so seized shall be forfeited. SEC. 4. The general treasurer may grant and issue, to any person he may deem suitable, a license for the whole state, or for either of the counties, for offering for sale and for selling, as a hawker and peddler, watches, jewelry, gold or silver ware, or articles manufactured of German silver, upon the payment to the general treasurer for the uses of the state, the following sums: two hundred dollars for a license as aforesaid, for the whole state; one hundred dollars for Providence county; and fifty dollars for each of the other counties; and may grant and issue a license, for offering for sale, and for selling, as hawker and peddler, any other goods, wares, and merchan dise whatever, except as hereinafter provided, for the whole state, or for either of the counties, upon the payment to the general treasurer, for the use of the state, the following sums; one hundred dollars for a license for the whole state, fifty dollars for the county of Providence, and twenty-five dollars for each of the other counties; and a license for the whole state, only as a hawker and peddler for offering for sale and for selling any article which, by reason of the protection afforded by patents of the United States or otherwise, does not come into competition with the general sale thereof in the towns of this state, upon the payment of fifty dollars, for the use of the state. Such license shall describe the article so patented, and be issued for the sale of that only, and no person holding such license shall hold a general hawker's and peddler's license for the sale of any other article. SEC. 5. The sum of one dollar shall be paid to the general treas- Fee of general urer for his use, for each license, by the person applying therefor. per treasurer. List of licenses to be kept by treasurer; limitation of license. SEC. 6. The general treasurer shall, at the time of issuing such license, enter upon a list kept for that purpose the name of the son so licensed, the kind of license, and the time of the expiration of such license; and shall also furnish to any person who may request it, a statement, copied from said list, of all such licenses as may be or may have been in force in any year designated by the person requesting such statement; and every such license shall continue in force for and during the term of one year from the granting thereof, duration and and no longer; and shall authorize only the person named therein to sell and offer for sale as aforesaid. SEC. 7. If any person selling or offering for sale as a hawker or License to be peddler any goods, wares, or merchandise whatever, shall, after being shown on deby any inhabitant of this state, or any person having a license under this chapter, distinctly requested to show his license, neglect or refuse, for the space of ten minutes, to show a license, then in force according to the provisions of this chapter, and allow the same to be read, every such person, if sued or prosecuted under this chapter, shall be adjudged to pay all the costs of such suit or prosecution, al- fusing, &c. though it shall appear on trial that he had a license duly issued and in force at the time of the alleged offence. mand; penalty for re how. SEC. 8. The general treasurer may, for cause shown, authorize the Licenses may transfer to any one person, of any license granted in conformity to be transferred, the provisions of this chapter. Such transfer shall be made at the office of the general treasurer; and there shall be paid to the general treasurer at the time of making the same, the sum of two dollars for his use, for attending to such transfer. SEC. 9. The provisions of this chapter shall not apply to any per- Exceptions to son selling religious books and publications in behalf of bible, tract, the provisions or other religious or moral societies, for the purpose of promoting of this chapter. religious or moral improvement, and which are sold for that purpose and not for pecuniary profit; nor to butchers retailing meats from carts; nor to fruit or vegetable dealers for retailing fruits or vegetables from carts or baskets. SEC. 10. Nothing in this chapter contained shall be construed to require any one to procure a license to enable him to peddle any article manufactured with his own hands, or to prevent him from vending without license, tow cloth, knit stockings, gloves, and mits, and all other articles of household manufacture. SEC. 11. Whenever any writ or warrant shall be served for the recovery of any forfeiture incurred under the provisions of this chap Certain domestic manufactures excepted. Copy of writ, &c., for gen eral treasurer. |