The Sauk Centre herald., 1913-10-09

shall be unlawful for any transient
merchants to advertise, represent, or
hold forth as being sold for an in
surance, bankrupt, inSolyent, assignee,
trustee, testator. executor, administra-
tor, receiver, syndicate, wholesale or
manufacturer, or closing out sale, or
as sale of any goods, wares and mer-
chandise, damaged by smoke, fire,
water or otherwise, or in any similar
form; unless such transient merchant
snail file with the city clerk of said
city with whom the application for
license is filed and issued for such pur-
said application is fled, showing all
the facts relating to the reasons and
character of such sale so to be adver-
tised or represented, and showing that
such sale Is in fact as is to be adver-
t1sed and represented, including a
statement of the names of the persons
from whom the goods, wares and mer-
ehandise so to be advertised and repre-
delivery to the person applying for
the license, and the place from which
said goods, wares and merchandise
were last taken, and all details neces-
sary to exactly locate and fully itemize
all goods, wares and merchandise to be
sold. If such affidavit shall fail to
show that such sale is Of the character
as the same is intended to be adver-
tsed or represented as shown in such
affidavit, and fails to disclose the facts
as herein required, then such clerk
for such sale. Should such license be
issued to such applicant, then such
license shall state that such person is
authorized and licensed to sell such
advertise and represent and hold forth
the same as being sold as such insur-
ance, bankrupt, insolvent, assignee,
trustee, testatOr, executor, administra-
pyh al or
manufacturer, or closing out sale, or
as a sale of any goods, wares and
merchandise, damaged by smoke, fire,
water or otherwise, or in any similar
manner present other fact as shown in
such affidavit, such affidavit shall be
sworn TO before person authorized to
administer oaths by person so applying
for such license, or if partnership by
member of such partnership, or if
a corporation, by one of the officers
of such corporation. Every person
in such affidavit shall be deemed guilty
Of perjury, and shall be punished for
such offense by a fine of not less than
twenty-five ($25) dollars nor more than
fault of payment of the fine and costs
of prosecution, be committed to the
city prison of the City of Sauk Centre,
or county jail of stearns County. Min
neSOta not to exceed ninety days or
until such fine and costs are paid.
Section 4-The word transient mer-
chant as herein used shall include all
persons, individuals. co-partners and
agent who engage in, do. or transact
any temporary and transient business
in said city, either in one locality, or
in travelling from place to place, sell
who for the purpose of carrying on
such business, hire, lease or occupy
or use building structure, vacant lot
or railroad car for the exhibition and
sale Of such goods, wares and mer-
chandise.
Section 5-Provided further that
when it appears that any such stock
Of goods, wares and merchandise has
been brought into the City of Sauk
Centre by person not resident
therein, and that it is claimed that
such stock is to be closed out at re
duced prices, such facts shall be prima
facie evidence that the person CO.
partnership or corporation so Offering
such goods for sale, is transient
merchant as defined in this ordinance.
Section 6.-The provision of this or
dinance shall not apply to sales made
to dealers by commercial travellers or
selling agents in the usual course of
business. nor to bona ffde sales of
goods, wares and merchandise, by
hawkers on the street or to peddlers
from vehicles baskets or packs carried
on their backs, or to sheriffs, con-
stables or other public officers selling
ing to law; nor to bona fide assignees
or receivers appointed in this state
selling goods, wares and merchandise
for the benefit of creditors, nor to- any:
person who may sell or peddle the pro-
ducts of the farm or garden occupied
and cultivated by him.
Section Livery person, either as
principal or agent, who shall in any
manner engage in, do, or transact any
business as a transient merchant, with
out first having obtained license as
before provided, or who shall conduct
any sale, or who shall sell or expose
for sale any goods, wares and mer-
chandise contrary to the provisions of
this ordinance, or who shall advertise,
represent or hold forth any sale of
conducted contrary to the provisions
of this ordinance, shall be punished
by a fine of not less than twenty-five
($25) dollars nor more than one hum
payment of the fine and costs of prose-
cution, be committed to the city prison
of the City of Sauk Centre, or county
Jail of Stearns County, Minnesota not
to exceed ninety days, or until such
fine and costs are paid.
Section S-All acts and parts Of acts
inconsistent herewith are hereby re-
pealed.
Section 9-This ordinance shall be
in full force and effect after it's pas
sage and publication. Adopted by the
Common Council of the City of Sauk
Centre this 1st day of October 1918
Attest:
T j. F. COOPER,
City Clerk
GEO. OGARA
President of Common Council
I hereby approve the foregoing or
dinance this 4th day of October, 1913
JOHN N McGIBRON,