Delaware gazette and state journal., 1897-06-24
TO LICENSE AuCrIONEERS.


Text OF the New city Ordinance Now
Pending.
The full text OF tine ordinance rsgu.
lating the business OF auctioneers IN
this city, which is now in the. HANDS
of the law committee OF City Council,
is as follows:
| Section 1. That any person or persons
| NAV apply to the clerk OF the Council Tor
| license authorizing him TO sell at public sale
| anywhere within the corporate limits oil the
| city, every, species of property, and upon
| the payment by him of the sum of 800 to
| the city auditor. for the use of the city. u
shall be'the duty of said clerk and the presi-
| dent of the Council 20 issue to the person SO
| applying a proper license therefor, under the
hand of the said president and attested BY
| sand clerk, 10 continue in force for one year
! from the date thereof. which said license
| may be annually renewed in likelmanner
| upon the payment Of the sum aforesaid,
The Council shall have power for cause
deemed sufficient bv eight htmembers thereof,
TO revoke any license so grauted.and. the
cause alleged shall be so entered upon the
| minute. of the Council, and notice thereof
| given to the auctioneer, If within the city.
| Every license SO granted shall authorize the
| person therein named to sell property at
| public auction. and also one other person
\ whom the auctioneer may select AS his as
1 sistant.
Sec. That license so granted shall not
authorize an auctioneer to have more than
one auction house at the same time. and no
1 auctoneer shall allow the use of his name
by any other person than by his assistant
| IN order that such person may conduct the
| business of an auctioneer without obtaining
| proper license as hereinbefore provided,in in
| either case under penalty of 500 for each
and every offence, to be recovered in the
| municipal court
Sees. That any person who shall gather
| or collect goods, chattels, wares or mer.
| chandise in a store, wareroom, booth or
! bazaar. or other place of deposit whatso-
ever, either in his s,own right or on consign.
ment from any other person. and shall sell
the samefrom time to time at public auction
| shall be considered as keeping an auction
house, and be required TO have an auc-
| tioneer's license; but any person regularly
engaged In any business. upon quitting or
| retiring from said business, shall have the
| right to employ an auctioneer licensed as
hereinbefore provided, to sell his stock Of
| goods, wares and merchandise at public
auction provided. that no goods. wares or
merchandise be added to said stock after
the commencement of said sales.
| sec. 4, That mo anctioneer shall charge
on sales outside of his auction room mo
than per cent on household goods sold. or
more than 10 per cent OH notions. trim
| mings or other light goods sold in numerous
small quantities; provided. that said COM
mission amounts to the sum of So for a sale,
and If In any sale the commissions as afore-
said shall not amount to the sum of So. he
shall be allowed TO charge the sum of IS for
such sale.
A sale during a morning, afternoon and
evening shall each constitute q sale for
which the auctioneer shall be entitled to
| charge as above stated.
For houses, lands, tenements and vessels
be shall be entitled to charge as follows: On
sales amounting to $500 and under, the sum
of SO; on an excess Of $500 and under ~ 900,
per cent up to $1,000; OH the secoud 81 900,
one'half of per cent on the third $1,000,
one-fourth of per cent, and on every add.
tional 81 900, one-tenth of l per cent. On
property offered for sale and not sold, the
anctioneer shall be entitled to charge one.
half OF the above commissions, but not To
exceed the sum of SO in such case. On all
sales at his auction room the auctiuneer may
charge 10 per cent commission.
The foregoing schedule shall govern
auctioneers' charges in all cases where
there has been no special bargain between
the auctioneer and the owner of the property
to be sold prior to the sale, and the above
commissions shall be clear of tbe,usual ex-
penses of such sales.
Sec. s. That if any person not being a
licensed auctioneer Of this city shall sell or
offer to sell by way of auction or vendue
within this city any goods. chottels wares or
merchandise vessels, lands or tenements,
| tNtig SNCH DtlSbll upon GO1NlCtlOn lneTeOI
before the municipal court shall forfeit and
pay fine Of Sl0U and additionally at the
rate of per cent of the amount Of such
sale; provided, that this ordinance shall not
extend to executors or administrators sell.
ing property, real or personal, of their
testators or ihtestates. nor the officers OF
this State, or county. or city or OF the
United States, selling property, real or per.
sonal, by virtue of legal process, or in
execution OF their offices, nor to any sale
made for taxes or for rent, or under any
order of the court, or by virtue of power
given by an act of the General Assembly,
or an ordinance of this city.
Sec. q. ii any auctioneer for any services
or business by him as auctipneer shall re-
ceive or charge any commission or fee not
allowed by this ordinance he shall, upon
conviction thereof, before the municipal
court, forfeit and nay a line equal in amount
to four times the sum thus received OF
charged, and every auctioneer shall keen a
copy of this ordinance posted in some con.
spicuous place in his auction room for the
Information OF the public. and in default
thereof, upon conviction thereof before the
municipal court, shall forfeit the sam of
! $50.
Sec. 7. If any auctioneer of this CITY shall
refuse or neglect for the space of 10 days
after the same shall have been due to the
, person justly entitled to receive the same,
the proceeds of sale made by such auctioneer
upon conviction thereof before the plu.
nicipal court, shall pay a fine of $50
Sec 8. All auctioneers' licenses now in
} force shall continue in force until the ex.
/ piratlon OF the terms for which they shall
have been issued.
Sec. .. That an ordinance entitled IAN
ordinance concerning auctiuneers, :" passed
November 18th, A. D. 1856, With the amend.
ments thereto, and all ordinances incon.
J sistent with this ordinance are hereby re,
pealed.