Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1893-04-05

s<FtIen = - fi4sns sixty four and sixty q a
Of chapter siais tbs revised Statutes arc heret,
repealed.
srsfipn ), ThI- al shalf take effect wi,s,
spprsFes;.
Approved March =.
Chapief 80.
~ ACT 10 prevent and punish fraud in saiess Z,
xtrls'.. wares snd merrilayaIise At paisiie ni
private safr DY I.inerant Vendors. aad &
regulate -Is'l. -aies.
Be- 1. enacted bs the Senate AMI Hoase q
Ecpresf atstsTes in legislature assembled a
tsas5Ns
seesisB l. Every itiner5nf vrnslor wss abs
eeii or espss~e for -ale- az pais or yrstate sale
aEg -srsT. Wars and merchandise wirhea
state ard kstsi licenses therefor. issee. a here
| lHsftoe provided. shall De guilty of missIesueA
nor and hail be punished for each onsnse b,
fine mol exceeding Gity dollars or by impr.son
nent not exceeding sixty days. or by both saei
has and imprisonment.
as'tfon 2 All persons. both principals ane
agents. who shall by circular, handful news
paper, or in any other manner, advertise an,
ssieh -ales those referred to In the section Ia
preceding. before proper licenses shall be Isss.es
To the Tesdar. shall he guilty of q misiem INCA MOI
AMI shall lie punished by ne not caeeedin. III
dollars or imprisonment NOT exceeding ,ixt,
- Of ay both such fine d imprisonment.
>Fffi"t j. IL shal De the duty OF every timer
ant vendor. whether principal or agent befer,
cs,.fine neiHz baziHess take out state i,een.t
ard ip"ai licenses In the manner hereinafter Sc
FORTH but nothing herein contained shall efee
tbe right OF any municipal officers tn make sari
regulations relative 10 ifinerant vendor. As ma
be perniis-ible under the general law or under
thstr respective charters.
section T. Every itin.raat vendor desiring Z.
do bs,-'neas in this state stall deposit with I'll.
serFriaTy Of state tho -Gtn st ave hGndred 'ioi
Ear ~ special Opo<it, ami after Such deposit
E4ar.a f.vf f..
lasnt at further Of twenty five doiiar- A
a -tate hrensr Zee, the secretary OF the stat,
siais i-sHe 30 him an itinerant vendors fcen.1
iboriziHs him 10 Ito business in thi. state il
euHferiaIy With the provisions OF this act for iii.
term OF one year from the date thereof. Every
license shall set forth copy Of the apple stiul
upon which Ii Is granted. such license shall no
be transferable nor give authority to more tss
one person to sell goo-is as an itinerant vendor
either by agent o. clerk or In any other say
than IN ht- own proper person. but ang iieeuse
may haze the assistance of one or more person
n condHstiDz his business. who ehsH hav
authority 10 aid that principal but not 70 act FOL
or without him
Section }. All applications for licenses shat
be sworn T., shall disclose the ma mes and resi-
dencc- al the owners or parties In whose in
terc-tA safd business IA conducted, and shall b.
Kept IN hie by the secretary of state, aud
record shall be kept ny him Of all licensed
ssued upon such applications. All files am
records both Of the secretary of state and of the
respective town city clerks. shah be In con
renient form and open for public Inspection.
Section C. Before selling under said stat,
lirensc every tinerant vendor shall exhibit the
same 10 tho clerk of the town city where b,
proposes to make sales. And upon payment Il
sahl clerk of further local lcense fee, to 10.
asfffiained In the manner provided In the fol
bowling sertion and the proof of pa ynent OF al
9th H..4 fCaa H. n.
chargeahle upon local sales. the clerk shall
record the said state license 10 fun. shall en-
dorsr upon IL the words, 4" local license fee
paid and shall anix thereto his official signa
tare together with the date of such endorse
ment Any failure to obtain a local license, and
for proper endorsements made the -aif
license, -hall be subjected to the same penalty
as though mo- state license had been issued.
section :. Any itnerant vendor before max
ngany sales OF such goods. wares and merch
disc shall furnish tn the clerk of the city town
where any goods, wares and merchandise are
kept OF to be kept exposed for sale or sold h,
him or them. a true statement of the acreage
quantity and value of the stock of goods wares
and merchandise 80 kept or exposed for sale.
The person furnishing such statement shall
make oath that the same is true, and said oath
may DO administered by said clerk ANY Of
tieer qualified to administer oaths. such
clerk shall thereupon ascertain the amount to
I've Paid for the local license. by computation
based upon the average valuation of such stock
ri goods, wares and merchandise so kept Or
exposed for sale. in the ratio and Of the rate
per thousand dollars of valuation Of the last
preceding tax levy made in such city or town;
and upon receipt of the amount ~ fixed and
asrerianed shall issue tn the person tiling or
furnishing such statement local license
authorizing the sale of such goods. wares and
| merchandise wi Jim the limits of said town or
Iclf, sch tfu1..
force so long As the licenses Hereunder shall
continuously keep and expose for sale ia such
city or town such stock of goods. wares and
mr.t habdise, except that such license shall il,
any event terminate and expire on the first
day of April next following its date. If the
| statement required by this section is not filed
| as aforesaid. the clerk of the city or town il
which such goods are so kept or exposed for
sale. or where such itinerant vendor dr,sFes to
| sell such goods, wares and merchandis''. shall
| thcr-upon Fix the sum to he paid for such Ii
ceu-r, which sum shall he binding upon the
| parties.
Section s. Whoever neglccts or refuses to
| file the statement required by section srven of
| this act, or whoever makes u ial.c "f frr1du-
| lent representation therein, shall be puni>hc,.
by line of not less than five dollars nor niore
| than tventy dollars for each aud every day
such goods, wares or merchandise are kept or
| exposed for sale.
| section y. w HeffNfI II person ildnle iucf0-
| for, and after demand made by the clerk Of
| TIL citya town in which he is located, re-
| fuses or reglecis To pay the license fee pro-
viit for in tiii- at. he said clerk may, in his
| own name hut tor Ih, list aud benefit of such
/ c!ty or town, maintain an action of debt or
| trustee pruress :horoior i'll like ilcr As
for his own debt Municipal courts and r'i jas
| tees shall have concurrent iursdirtl-.t with
the superior court and the supreme jaditt'l
| court. Of surli actions and of complaint, under
| section two nt this act.
| SECTION u. NJ iiberant vendor shall atlver-
! tisi, represent r hold fort any sale an in
surancc, bankrupt, ins'lNent, assignee, triis-
! tee tcstator. executor. administrator. receiver,
| wholesale or manufacturers, or closing ont
| sale or rs sale of any goods damaged by
smoke. lire ar water. or otherwise. or in any
| similar form. unless he shall before 50 doing
stale under oath to he secretary Of the state,
| either in the original application for Il state
J license or in n supplementary application sub
segueutly !ile,l. and copy 90 the licensc all the
| facts relating TO the REASONS and character OF
| such special sale ,o advertised or rep
| rescr'cd. Including statement OF the
| names OF the persons from whom the gnutls.
wares aud merchandise Were obtained, the
date Of delivery Ia the PERSON apply ing for the
| locuse and the place from which said goods
| wars and merchandise were last taken, and
all details necessary toexactly locate and fully
| b, so sold.
| section II. Any false statement in ta appli-
| cation, either original or supplementary for -
| license. and any failure tbs part nf any
Iiceusve 10 comply with all the requirement.
of tine last preceding section shall subject SAID
| itiueran; vendor To the same penalty az If he
| had no license.
section L. All state licenses issued under
| this act shall expire by limitation ene year
from the date thereof, sfd may be, IL 80 de-
| sired. surrendered at any time prior thereto io'
| cancellation.
Section E3 Upon the expiration anil return
| Dr. surrender ut each state license tile S"crc
tary of state -iiall carrel the same, eudar,t
the date of delivery and cancellation thereon
aud place he came Me. lie >l,slli hen hp,'
the special deposit Of each iiccnses ereiiihe
fore mentioned for the iefiad Of siNtb days
! and after satisfy i'm. ana aIad all claims mad,
| upon the same npdcr section fourteen. shall
return said deposit or SGeh portion nf tn
| same, IL any. ~ Iduy remain jim his hands. I,
| the licensce IT, sitting il.
Section H. Each tieInsit made with the sec
rotary of state shall os subject, so long as i
| remains Ia ht> Sands, ie attachment ard exc
| cuiton il, ,p.half nj creditors whe-e claim,
arise in connection with business done in thu
| state and the secretary If stats may nc he'll
10 answer as Trustee, II Ter the t'nst"e pro
cess, in any civil action in debt tr cast
brought sgnlHst any iiccnses and The srcr..
tary of state shalt pay over. under ortlsr Of
| court or upon execution. such sum az lnone.
as he may be chargeahie with upon his an>we
| or ut herNise. enid dcitssit shall also lie sab
ect TO the payment Of any and all fines an
penalties incurred by the licensec tbroug.
violation of this act. and the clerk III
| eecurder at the court in which. or the tria
Justice ny whom sgeh fine or penalty is i'm
| posed, shall thereupon notify the secretary o
STATE Of the name of the lieensee agai'--t whof
such fine or penalty is a1i1agtd and of tn
! amount NJ such Este or penalty, and the secrv
tary III -tssie. II he has in his hands sufcten