1787 ch. 29. Condition of bond. Former acts repealed. Chap. 87. [This section repealed 1824, ch. 129.] wealth, and shall not, within one hundred and twenty days from the passing of this act, if now in prison, or within ninety days from such commitment, if hereafter committed, be discharged from such imprisonment, agreeably to the provisions of an act, entitled "an act for the relief of poor prisoners who are committed by execution for debt," passed on the nineteenth day of November, in the year of our Lord one thousand seven hundred and eighty-seven, and the several acts supplementary thereto, such person shall forthwith be put into close confinement by the person having the care of the gaol to which such commitment may have been made, and shall continue in such confinement until discharged from the same, by payment of all the executions on which such person may stand committed in close confinement, or otherwise discharged from such imprisonment by due course of law. SECT. 4. Be it further enacted, That in all bonds hereaf ter given by any debtor, for his continuing a prisoner within the limits of the prison yard, there also shall be inserted, as a condition of the bond, that the said debtor shall, at the expiration of ninety days from the day of his commitment, surrender himself at the gaol house, for the purpose of being committed to close confinement, unless he shall before that time have been discharged, by payment of said execution, or by order of law. SECT. 5. Be it further enacted, That the several acts, and parts of acts, so far as the same are inconsistent with the provisions of this act, be, and the same are hereby repealed. [Feb. 10, 1823.] An Act imposing a Duty on Sales at Auction. SECT. 1. BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That all real and personal estate, which shall at any time be exposed to sale at public auction, or vendue, within this Commonwealth, from and after the first day of April next, by any auctioneer, or other person, duly authorized to sell real and personal estate at auction or vendue, excepting all such real and personal estate as shall be sold by order of law; and all stock in banks, insurance companies, and the public funds, shall be subject to the following duties, each and every time such real or personal estate may be struck off, sold, or bought in, to wit: All personal estate, excepting ships and vessels, one dollar for every hundred dollars of the value for which the same shall be sold; and all real estate, ships and vessels, at fifty cents for every hundred dollars of the value for which the same shall be sold; and at and after the same rate, for any greater or less sum, to be paid by the person who shall so sell the same. And in all cases where the auctioneer, or the owner of such goods so exposed to sale, or any person who shall be employed by them, or either of them, shall be the highest bidder, the said real or personal estate shall be subject to the payment of the same duties as if they had been sold to any other person. auction with out license. SECT. 2. Be it further enacted, That if any person not Fine for selllicensed and qualified, according to the laws of this Com- ing goods at monwealth, and the provisions of this act, shall sell, or attempt to sell, any real or personal estate whatsoever, by way of public auction or vendue, within this Commonwealth, he shall be considered guilty of a misdemeanor, and shall, on conviction, be fined in a sum not exceeding five hundred dollars, for each and every offence, at the discretion of the court before whom such conviction shall take place. a tioneers. SECT. 3. Be it further enacted, That each auctioneer shall, Bonds to be on or before the first day of April next, give a bond, in given by aucreasonable penalty, with two sufficient sureties, to the treasurer of this Commonwealth, and his successor in office, con ditioned for the payment of the duties herein before mentioned, to the treasurer of this Commonwealth, and also that he shall, in all things, well and truly conduct and conform himself, according to the true intent and meaning of this act; which bonds shall be taken by persons who granted the license, and be by them duly transmitted to the treasurer of this Commonwealth, with an endorsement of their approval thereon. And all auctioneers who shall hereafter be appointed, before they sell, or attempt to sell, any real or personal property, shall give bonds, to be approved and transmitted as aforesaid, by the authority granting the license. And if any person, from and after the first day of April next, Forfeiture for shall sell any real or personal estate, by way of public auc- bond given. tion, without having given bond as aforesaid, he shall forfeit the sum of five hundred dollars, for every time he shall so sell without giving bond, to be recovered by any person who shall sue for the same; one moiety thereof to the person who shall sue therefor, and the other moiety to the use of the Commonwealth. selling before SECT. 4. Be it further enacted, That every auctioneer, who shall sell any real or personal estate, described in this act, by way of public auction, from and after the first day of April next, shall, on the first days of April, July, October and January,* next after any such sales shall be made, or as 2.] [Altered, 1824 ch. 129, Quarterly return of ac counts. soon afterwards as may be, not exceeding thirty days, render to the treasurer of this Commonwealth, a true and particular account, in writing, of the monies or sums for which any and all real or personal estate shall have been sold, carefully distinguishing between sales of real and personal estate, and between sales whereby the whole of any real or personal estate sent, entrusted or consigned to such auctioneer, has been actually sold at public auction, and other sales, whereby some part or parcel thereof has been sold at public auction, with the design and effect to ascertain and fix a price for the whole or any other part thereof, at every sale at auction by him made, from and after the said first day of April next, or from the time that the last account was rendered by him, in conformity to this act. And every such account shall have endorsed thereon, the following oath or affirmaOath or affir- tion, substantially in the form following, to wit:-"I mation. Payment of duty. 4 per cent, 1824 ch. 129.] Property advertised for do solemnly and sincerely swear, (or affirm) that the account to which I have subscribed my name, contains a just and true statement of the amount of all the real and personal estate, sold or struck off by me at public sale, or sold by me at private sale, on commission, or whereof any part or parcel has been sold or struck off by me at public sale, with the design and effect to ascertain and fix a price for the whole or any part thereof, subject to duty, pursuant to the act, entitled "An act imposing a duty on sales at auction," within the time mentioned in said account; and that I have carefully examined all entries and memoranda of sales made by me at auction and at private sale, on commission, within the time mentioned in said account, and that this account exhibits the whole amount thereof, liable to pay duty, pursuant to the act aforesaid, according to my best knowledge, information and belief." And the auctioneer who subscribes the account, shall also subscribe the foregoing oath or affirmation, and make oath or affirmation thereto, before some justice of the peace; and the said justice shall certify the same. And every auctioneer shall, upon rendering such account, so authenticated, pay the amount of duty upon such account of sales, into the treasury of the Commonwealth. And every auctioneer shall receive as a compensation, two and a half per cent* on all the duties he shall so pay into the treasury. SECT. 5. Be it further enacted, That no person whosoever shall, on the day of any sale at public auction, dispose not to be dis- of, at private sale, any of the property which has been ad sale at auction vertised or exposed to sale at public auction, and which, if posed of at private sale on sold at public auction, would be liable to the duty imposed the day of by this act, under the penalty of one thousand dollars, to be auction. recovered by any person who shall sue for the same: one moiety thereof, when recovered, to such person's use, and the other moiety to the use of the Commonwealth. And all sales at auction, of any part or parcel of any real or personal estate sent, entrusted or consigned to an auctioneer, for sale, with the design and effect to ascertain and fix a price for the whole, or for any other part thereof, without exposing the whole, or such other part, to public sale, shall be deemed and taken to be sales at auction, within the meaning of this act, to the whole amount of the real or personal estate so sent, entrusted or consigned, as aforesaid, and whereof the sale is so effected, whether the same be conducted and effected by the auctioneers, or by any person or persons acting as a commission merchant, factor, or agent, or by the owner or owners thereof. And the whole amount of such real or personal estate shall be returned by said auctioneer, in his accounts to the treasurer of this Commonwealth, in the same way and manner, as if the same had been all sold at public auction. fraudulent SECT. 6. Be it further enacted, That if any person shall Penalties for be guilty of any fraud or deceit, in the execution of this act, evasion of this or in eluding or defeating the operation thereof, every such act. person, on conviction thereof, shall forfeit the sum of one thousand dollars, as a penalty for every such offence, to be recovered by any such person who will sue for the same; one moiety thereof, when recovered, to be for the use of such person, and the other moiety thereof to the use of the Commonwealth. And every person who shall subscribe and swear wilfully and falsely, to any account transmitted or delivered to the treasurer of this Commonwealth, according to the provisions of this act, shall suffer the pains and penalties which by law are prescribed for wilful and corrupt perjury. SECT. 7. Be it further enacted, That it shall be the duty Treasurer to of the treasurer of the Commonwealth, to prepare and furnish furnish blanks. blank forms for the bonds and returns to be given and made as aforesaid. [Feb. 10, 1823.] Add. acts-1824 ch. 129, 147: 1825 ch. 163. An Act to incorporate the Merchants' Insurance Company, in Salem. Chap. 88. [Feb. 10, 1823.] 24 Chap. 89. Chap. 90. 1817 ch. 191. Chap. 91. 1803 ch. 89. Chap. 92. 1785 ch. 51. Overseers of and donations. An Act to incorporate the Commercial Insurance Company. [Feb. An ACT, in addition to an Act, regulating the management and draw- An ACT to continue in force the Act incorporating the Union Insurance An ACT, in addition to "An Act, for the better securing and rendering more effectual Grants and Donations to pious and charitable uses." BE it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, That the overseers of each monthly meeting of monthly meet the people called Quakers shall be deemed so far a body ing of Quakers, to hold in suc- corporate, as to take and hold in succession, all grants and cession grants donations of personal estate made by any person dwelling within the territorial bounds of said monthly meeting, and of all real estate situate within said bounds, made or hereafter to be made to the yearly, monthly, or preparative meetings of the Quakers, to said overseers, or to the use of any of said meetings, or the poor thereof; and to alien or manage the same according to the terms and conditions on which the same may have been made; and in the name of the said overseers, for the time being, to prosecute or sue for any right that may have vested in said overseers, the poor of said meetings, or in any of said meetings, in conseLimitation of quence of such grant or donation: Provided, that the income of the grants and donations to any one of such meetings, for the uses aforesaid, shall not exceed the sum of five thousand dollars per annum. [Feb. 11, 1823.] amount. |