The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1823-03-12

at private sale osccmmissior, within the time
mentioned in said account, and that this ac-
count exhibits the whole amount thereof liable
TO pay duty, pursuant TO the Act aforesaid,
according TO ny best knowledge, information
and belief. And the Auctioneer who SUBJ
scribes 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 rem
dering such account, so authenticated, pay the
amount of duty upon such account fsales, into
the Treasury of the Commonwealth. And ev-
cry Auctioneer shall receive as compensation
two and a half per cent. on all the duties he
shall so pay into the Treasury.
SEC. 5. BE ii further ersaeted, That no per-
son whatsoever, shall, on the day of any sale
at publick auction, dispose of at private sale
any of the property which has been adver-
tised or exposed to sale at pubfick auction, :ld
which if sold at publick auction would be ia
bic to the duty imposed by this Act, under
the penalty of one thousand dollars, TO be re-
covered by any person who shall sue for the
same one moiety thereof, when recovered,
TO such persons 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 consign-
ed to an Auctioneer. for sale, with the design
and effect to ascertain aid fix price for the
whole, or for any other part thereof, without
exposing the whole, or such other part to
publick sale, shall be deemed and taken to be
sales at auction, within the meaning of this
Act, TO the whole amount of the reaN or per-
sonal estate so sent, entrusted or consigned,
as aforesaid, and whereof the sale is so effect
ed, whether the same be conducted and eff
fected by the Auctioneers, or by any person
or persons, acting as 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
pablick auction.
SEC. 6. BE ii further enacted, That if any
person shall be guilty of any fraud or deceit,
IN the execution of this Act, or in Guiding or
defeating the operation thereof, every such
person, on conviction thereof, shall forfeit the
sum of one thousand dollars, as penalty for
every such offence, to be recovered by any
person vino will sue for the same one moety
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 wilful-
ly and falsely to any account transmitted
or delivered to the Treasurer of this Com
monwealtfN according to the provisions of
this Act, shall suffer the pains and. penalties
which by law are prescribed for wilful aud
corrupt perjury.
SEC. 2. Be IL further enacted, That it shall
be the duty of the Treasurer OF the Common
wealth, to prepare and furnish blank forms
for the bonds and returns to be given and
made as aforesaid.
approved by The Governour,
Feb. 10, 1923.