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vendue, within this State, by any auctioneer appointed as aforesaid, except on execution, or by order of any court, and upon all sales under the authority of executors, administrators or guardians, shall be subject to a duty of one dollar for every hundred dollars of the value at which the same shall be sold, and at and after the same rate for any greater or less sum, to be paid by the auctioneer who shall so sell the same, to the general treasurer of this State, to and for the use of the State, to be charged by said auctioneer to the owners of said goods sold, in addition to his commissions : and every auctioneer appointed as afore- Auction
animation sfeers to said shall, within twenty days after the expiration of een every three months, the first three months to be comput-count to ed from the date of his bond, transmit or render a just and true account in writing, subscribed by him, to the general treasurer of this State, of all goods, wares and merchandizes by him sold as aforesaid, from the time of his appointment and giving bond as aforesaid, or the time that the last account by him was transmitted or rendered, as aforesaid, the amount of each day's sale, and the days when the same were respectively sold; and shall take, before any magistrate authorized to administer oaths, the Upon following oath or affirmation, to be endorsed and certified oath. on the account so transmitted or rendered, to wit: “I
do solemnly swear, (or affirm,) that this account to which I have subscribed my name, contains a just and true account of all the goods, wares, merchandize and effects, sold or struck off by me, subject to duty by law, within the time mentioned in the said account, and of the days upon which the same were respectively sold, and that I have attended such sales personally, and have examined the entries of such sales in the book kept by me for that purpose, and know this account to be in all respects correct:" to which oath or affirmation the said auctioneer shall subscribe his name: and every such auctioneer shall, And pay within ten days after rendering such account, and taking over the the said oath or affirmation, pay the amount of duty upon such account of sales to the general treasurer of this state, for the use of this State as aforesaid : and in case no sales on which duties are payable shall be made, it shall be the duty of the auctioneer to make an affidavit thereof at the time and in the manner above directed, and to transmit such affidavit to the said general treasurer.
Sec. 8. And be it further enacted, That in case any auctioneer shall fail to pay the duty aforesaid, at the time and
Penalty in the manner aforesaid, the same shall be deemed a for neglect breach of the condition of his bond, and the general in paying over. treasurer may commence an action thereupon, in the name
of the town-treasurer, as aforesaid, and shall therein recover the amount of the duty so due, with interest, and double costs, and the name of the general treasurer shall be endorsed on the writ in such action, but the same shall
not subject him to costs. Penalty Sec. 9. And be it further enacted, That if any auctioneer for neglect shall fail to transmit or render his account or affidavit to ing ac- the general treasurer as aforesaid, he shall forfeit and pay,
for every such neglect, the sum of five hundred dollars, to be sued for and recovered in an action of debt, by the said general treasurer, and in his name, to and for the use of the State, in any court competent to try the same; and the said general treasurer shall not, in any such action, be
subject to costs. Penalty Sec. 10. And be it further enacted, That if in any
oath for making faise coating or affirmation required by this act, the person taking the
same shall swear or affirm falsely, he shall be subject
therefor to all the pains and penalties of perjury. Town- Sec. 11. And be it further enacted, That the town-clerk transmit of each town shall transmit to the general treasurer the copy of name of every auctioneer appointed as aforesaid, and a bond, &c.
of the bond of such auctioneer, within twenty days from the time every such bond shall be given, which copy shall be certified to be true by the town-clerk, and shall be admitted as evidence in any suit to be brought on such bond by the general treasurer, as aforesaid : Provided always,
That the court before whom such action may be pending, shall have power to cause the town-treasurer to
produce the original bond, on motion of either party, for Penalty good cause to be shewn by such party: and if any townfor town- clerk shall neglect to transmit the name of any auctionneglect. eer, or the copy of the bond by him given to the general
treasurer as aforesaid, he shall forfeit and pay the sum of one hundred dollars, to be sued for and recovered by the general treasurer, by action of debt, to and for the use of the State, in any court competent to try the same.
Which shall be evidence,
An act establishing a just and equal method of Gauging in and 1751 '98
throughout the State. Section 1. Be it enacted by the General Assembly, and by the Liquors, authority thereof it is enacted, That no rum, gin, molasses, how to be
gauged. wine, cider, beer, brandy, or any other liquid whatever, usually sold by measure in casks, or any other commodities sold by the gallon, shall be gauged in any other way and method than that which is commonly called “gauging by Gunter;" for which purpose proper persons shall be Gaugers chosen gaugers in each town in this State, where there to be apshall be occasion for it, who shall be under oath or affir- pointed. mation for the faithful performance of their trust; and that the fees for gauging a single cask shall be six cents, their fees. and for gauging any number of casks not exceeding ten, three cents for each cask; and for any number above ten, two cents for each cask: and that the gauger who shall And duty. gauge any cask shall fairly mark the initial letters of his name, and the quantity of the gauge or contents of such cask, with branding or marking irons, on the head or bulge of each cask.
Sec. 2. And be it further enacted, That the rule and Rule to method to be used in and throughout this State to find the find the mean diameter of any cask, in order to give the true gauge ameter. thereof, shall be by multiplying the difference between the head and bung diameter with 0-65, and adding the product to the head diameter; or which is the same otherwise expressed, by adding six tenths and a half of the difference between the diameter at the bung and head to the diameter at the head.
Sec 3. And be it further enacted, That whosoever in this Penalty State shall sell any commodity which by this act ought to for selling be gauged in manner abovedescribed, or any other com-other modity whatsoever in casks by gauge, gauged in any oth- gauge. er manner than is herein directed, every person so offending shall forfeit the value of all the commodities so sold, to be recovered against him by action or bill of indictment in any court proper to try the same; one half of which forfeiture shall accrue to him who shall inform or prosecute for the same, and the other half to the use of The town where the goods shall be so unlawfully gauged.
Sec. 4. And be it further enacted, That in ascertaining Rule for the bung diameters of casks, the following rules shall be ascertainobserved, viz: the diameter of the heads of the cask shall bung dibe taken in a horizontal and perpendicular direction, the ameter.
PRIVATE LOTTERIES.--FIRING OF GUNS, &c.
bung being uppermost; the mean diameter of which shall be taken for the diameter of the heads : if the perpendicular diameter of the heads of the cask exceed the hori. zontal diameter of the same, then one half of the difference shall be deducted from the measure at the bung or bung diameter; and in case the heads measure more horizontally than perpendicularly, then one half of said dif. ference to be added to the actual measure at the bung as the true bung diameter.
1732 '98 1806 '16
An act for suppressing private Lotteries. "22. Penalty
Section 1. Be it enacted by the General Assembly, and by the for putting authority thereof it is enacted, That if any person or perforth pri- sons whosoever shall directly or indirectly set up or put vate lot. teries forth any private lottery, by whatever name the same
may be called, without the leave of the general assembly first had and obtained, he or they shall forfeit and pay as a fine a sum not exceeding one thousand dollars, nor less than fifty dollars, to and for the use of the State, to be recovered by the general treasurer, by action of
debt, in any court competent to try the same. And pur. Sec. 2. And be it further enacted, That if any person chasing
shall purchase any ticket or tickets in any such lottery, so set up or put forth, he or she shall forfeit the sum of seven dollars for every ticket so purchased, to be recovered and appropriated in manner as aforesaid.
1731 37 An act to prevent unnecessary firing of Guns, Pistols, Squibs '68 '98.
or other Fire-Works. Penalty Section 1. Be it enacted by the General Assembly, and by cornering the authority thercof it is enacted, That if any person shall
fire any gun, pistol, rocket, squibs or other fire-works, in any road, street, lane or tavern or other public house, after sunsetting and before sunrising, he shall upon complaint and conviction thereof before any one justice of the peace or warden, pay as a fine the sum of five dollars for the first offence, and seven dollars for every subsequent offence, one half thereof to the informer and the other half to the State.
Sec. 2. And be it further enacted, That if any person shall make a bonfire in any public street, road, square or
lane without permission from the town-council of the For maktown in which the same shall be made, he shall upon conviction as aforesaid forfeit a sum not exceeding ten dollars, to be appropriated in manner aforesaid.
Sec. 3. And be it further enacted, That if any person shall For firing fire any gun, musket, blunderbuss or pistol, loaded with guns with a bullet or shot, in or across any road, street, square or &c. lane, he shall upon conviction as aforesaid forfeit and pay as a fine not less than three dollars nor more than ten dollars, to be appropriated in manner as aforesaid.
An act to prevent damage by Firing Woods. 1750 '98. Section 1. Be it enacted by the General Assembly, and by Penalty the authority thereof it is enacted, That no person or persons for firing whosoever, by him or themselves, or by his or their means or procurement, shall set or suffer to be set any fire, or cause any fire to be set in the woods in any part of this State, to run and spread at large, at any time of the year, under any pretence whatsoever ; and that whosoever shall be lawfully convicted upon complaint or bill of indictment of doing the same, in any court in the county proper to try the same, either by his or their confession or by evidence of one sufficient and credible witness, upon oath or affirmation, shall forfeit the sum of twenty dollars; and for the second offence, forty dollars; one half thereof to the informer, and the other half to the use of the poor of such town where the offence shall be committed: and if the person or persons so convicted shall refuse to pay the same, that then the court where such offender shall be convicted shall grant forth a warrant of distress to any constable of said town, or to the town-sergeant, to distrain so much of the goods and chattels of the offender or offenders as will satisfy and pay the same, to the use and uses aforesaid, and all incident charges thereon accruing; and for want of sufficient goods and chattels, then to apprehend the body or bodies of the offender or offenders, and to secure him or them in the State's jail in the county wherein the offence shall be committed, there to be kept until he or they shall satisfy and pay such fine and cost, or be otherwise discharged according tolaw.
Sec. 2. And be it further enacted, That whosoever shall Party Buffer any damage by reason of such offence as afore- damaged said, shall and may have an action of trespass upon the an action.