« PreviousContinue »
under this act
revenue under this act.
Sec. 62. The redemption of property sold for taxes, as provided Redemptions
may be made by in this act, may be made by paying to the purchaser the amount of depositing with the taxes and legal costs, charges and per centage thereon, or deposit- the amount due ing the same with the county treasurer to the credit of such purchaser.
Sec. 63. All moneys collected as revenue in this state, the dispo- Appropriation of sition of which is not otherwise provided by law, shall be paid into the general fund. So much of section eleven of an “ Act concerning Toll Bridges," passed May 1st, 1851, as conflicts with this act is hereby repealed. Sec. 64. “ An Act concerning Licenses," approved May 4th, 1852, License act of
1852 repealed. is hereby repealed. Sec. 65. “ An act to provide for levying, assessing, and collecting Revenue act of
1852 repealed. public revenue,” approved April 23, 1852, is hereby repealed : Provided, nothing in this act shall affect the completion of collection of taxes, or licenses, or other moneys, due under the provisions of said act prior to the passage of this act. Sec. 66. Section twenty-three of an act amendatory of an act en- Former act
repealed. titled “ An Act to create a state hospital in the city of Sacramento,” passed April 28, 1851, is hereby repealed. Sec. 67. Sections twenty and twenty-one of “An act to create a Former act
repealed: state hospital in the city of Stockton,” passed April 30, 1851, is hereby repealed. Sec. 68. Section four of “An act to provide a revenue for the Former act
repealed. state marine hospital at San Francisco," passed March 26, 1851, is hereby repealed. Sec. 69. So much of “ An act prescribing the mode of appointing Auctioneer act
of 1850 repealed. auctioneers, and defining their duties," passed April 220, 1850, as conflicts with the provisions of this act, is hereby repealed.
AN ACT prescribing the Mode of appointing Auctioneers, and defin
ing their Duties. (1)-[Passed April 22, 1850.]
The People of the State of California, represented in Senate and
Assembly, do enact as follows:
may appoint state shall be, and are hereby authorized to appoint as many auction- auctioneers. eers within their respective counties, as they may deem proper, to continue in office not more than one year nor less than six months.
(1) See ante, Chap. 127, Art 6.
Who may be appointed an auctioneer.
to execute bond.
Bonds to be filed.
Sec. 2. No person shall be appointed an auctioneer, unless he possess the qualification of an elector of the state, and shall, at the same time of applying for such appointment, designate in writing signed by him, such store, or house, or stand, where he will prosecute the business of auctioneer, and shall also name the partner or partners engaged with him in business, and shall file the same in the court of sessions; and the certificate of appointment shall designate the house, or store, or stand specified by the applicant, and shall only authorize the transaction of auction business at the place designated, except goods sold in packages as imported, household furniture and such bulky articles as are usually sold in warehouses, or in public streets,
or on wharves. Person appointed Sec. 3. No person appointed to the office of auctioneer shall exe
cute the duties of such office, until he shall have executed a bond, payable to the state of California, in the penal sum of twenty thousand dollars, conditioned for the faithful discharge of all duties imposed on him by law, with two or more sufficient sureties, to the acceptance of said court of sessions, and take the oath prescribed by the constitution of this state, to be endorsed on the certificate of his appointment.
Sec. 4. All auctioneers' bonds shall be filed in the office of the county clerk, in the county where said auctioneer was appointed, after which time he shall be authorized to transact business.
Sec. 5. Every county clerk of this state shall, without delay, tranappointment to be transmitted to mit notice to the comptroller of state, stating the name of the auccomptroller.
tioneer and his sureties, and the day on which said bond was filed in his office.
Sec. 6. All goods, wares, and merchandise, and every other species of personal property, which shall at any time be exposed to sale at public auction, or be sold by auctioneers on commission, at private sale, within this state, with the exceptions hereinafter specified, shall be subject, each and every time they shall be struck off, to duties at the following rates, namely: 1st. All wines and ardent spirits, foreign or domestic, and all brewed or malt liquors, at the rate of two dollars on every hundred dollars. 2d. All tobacco and cigars, at the rate of two dollars on every one hundred dollars. 3d. ‘All other goods, wares and merchandise, and effects, sold in packages, bales, trunks, or casks, as imported, at the rate of one dollar and fifty cents on every one hundred dollars. 4th. All other goods, wares, merchandise and effects, at the rate of one dollar on every one hundred dollars. 5th. On all sales of real estate, fifty cents on every one hundred dollars.
Sec. 7. The duties shall be calculated on the sums for which the How duties to be
calculated. goods so exposed to sale shall be respectively struck off; and shall in all cases be paid by the person making the sale. SEC. 8. Goods sold at auction shall in all cases be struck off to the Goods to be sold
to highest bidder. highest bidder, and when the auctioneer or owner, or any person employed by them, or either of them, shall be such bidder, they shall be subject to the same duties as if struck off to any other person ; but this section shall not be construed to render valid any sale that would otherwise be deemed fraudulent and void.
Sec. 9. All articles, except those hereinafter specified, which shall Articles sold on be sold on commission by an auctioneer, by a copartner or clerk of an audience tau
auction duty. auctioneer, or by a person in any way connected in the auction business, or in auction sales, shall be liable to the duties heretofore enumerated in this act.
Sec. 10. No auction duties shall be payable upon the following Auction duties goods and articles: 1st. If they shall belong to this state or to the certain goods. United States. 2d. If they shall be sold under any legal process of any court, or under a seizure by any public officer, for or on account of any forfeiture or penalty. 3d. If they shall belong to the estate of a deceased person, and be sold by any executor, administrator, or by some person by them duly authorized, or by order or decree of any judge of probate.
Sec. 11. Every person who shall sell, or attempt to sell at public Penalti facea auction, any goods or effects, without having first obtained a certifi- persons selling cate of appointment, taken the oath, and filed the bond as in this act required, shall be deemed guilty of a misdemeanor, and upon conviction in any court of competent jurisdiction, for each offence be fined in any sum not less than fifty nor more than five hundred dollars.
Sec. 12. No auctioneer shall demand or receive a higher compen- Compensation sation for his services than a commission of five per cent., unless by virtue of a previous written agreement between him and the owner, agent, or consignee of the goods or effects to be sold. The commission on sales of real estate shall never exceed one-half of one per cent.; but by private agreement in writing, any rate of commission may be fixed on between the auctioneer and owner of the real estate to be sold.
Sec. 13. Each auctioneer shall keep a book, in which he shall en. Auctioneers ter a memorandum of all sales, showing the name of the owner or memorandum owners of the goods sold, to whom sold, and the amount paid, and the date of each sale, which book shall at all times be open for the inspection of any person or persons interested therein.
Sec. 14. Every auctioneer appointed and qualified under the pro- To render
of all sales.
an account quarterly.
visions of this act, shall make out in writing, a quarterly account, dated on the first Monday of April, July, October, and January, in the year for which he is appointed, and shall therein state minutely and particularly, 1st, The sums for which any goods or effects shall have been sold, at every auction held by him, or in his behalf, from the time of his entering into such bond, or the date of his last quarterly account. 20, The days on which sales were made, and the amount of each day's sale; the amount of all private sales on commissions; the days on which sales were made, and the amount thereof. 3d, The amount of duties chargeable under the provisions of this act, on all sales, public and private, specified in the account, which shall be subscribed by such auctioneer, who shall make oath to the correctness
thereof, before some person authorized by law to administer oaths. (1) And pay duties. Sec. 15. It shall be the duty of the auctioneer forthwith, after
making out and verifying the account of his sales as provided in the foregoing section, to exhibit the same to the treasurer of his county, and pay to the treasurer the amount of duties chargeable thereon, and take his receipt therefor, which he shall immediately file with the auditor of the county, and take his receipt for the same; and said treasurer shall, at the time, take and preserve an abstract of such account.
Sec. 16. Said auctioneer shall, so soon as he has paid to the countransmitted to
ty treasurer the amount of duties chargeable on said account, cause the same to be transmitted to the comptroller of state, who shall thereupon charge the county treasurer with the amount of duties
specified in said account. Where
Sec. 17. Every auctioneer, who, within the time limited for his made no sale, he accounting, shall have made no sales, public or private, of goods or
effects liable to auction duties, shall make and subscribe an affidavit of those facts, before some person competent to administer oaths, and file the same with the treasurer of his county, who shall forthwith
transmit a certified copy of the same to the comptroller of state. County
Sec. 18. Every county treasurer shall, at all times, hold himself
in readiness to pay to the treasurer of state, on his order, countercomptroller,
signed by the comptroller, all moneys in his hands, derived from auction sales to the date of such order, less his lawful commission for receiving and paying over said sum or sums of money; and all sums of money not paid over on the order of the treasurer of the state, as above provided, shall be paid into the state treasury by the county treasurer, at the time and in the manner of other state revenues.
Account to be
is to make an affidavit of the fact.
treasurer to pay moneys to
(1) Sections 14, 15, 16, 17 and 20 of this act are repealed so far as they relate to the counties of San Francisco, Sacramento, and San Joaquin. See Stat. 1852, p. 40, Sec. 98, which act is repealed by Stat. 1853, p. 266, Sec. 65.
Sec. 19. All money paid into the state treasury, arising from auc- Auction duties tion sales under the provisions of this act, shall constitute a part of general fund. the general fund.
Sec. 20. As a compensation for receiving and paying over money Per centage derived from auction sales, county treasurers shall receive three per centum on the amount thus collected and paid into the state treasury. Sec. 21. Every auctioneer who shall fail to comply with any
of Penalty the duties enjoined on him by this act, shall be deemed guilty of a failing to comply misdemeanor, and, on conviction in any court of competent jurisdiction, be fined for each offence, not less than fifty nor more than one thousand dollars, and shall be liable on his official bond, in a civil suit, for any damages sustained by any person injured by his official misconduct.
Sec. 22. This act shall take effect from and after the third Mon- Commencement day of April, 1850.
Assembly, do enact as follows :
oath of office
Their election ; their duties in general ; their offices and their office
each county state, to be elected in the manner prescribed by law.
Sec. 2. Before entering upon the discharge of his duties, each to take sheriff shall take the oath of office and give a bond to the state in and give bond. the form prescribed by the “Act concerning the official bonds of officers,” conditional for the faithful performance of the duties of his office. The penalty of the bond to be given shall be as follows: in the counties of San Francisco and Sacramento the sum of one hundred thousand dollars; in the counties of Santa Clara, El Dorado, and Yuba, the sum of fifty thousand dollars : in all the other counties, except San Luis Obispo, and Santa Barbara, the sum of twentyfive thousand dollars; and in San Louis Obispo, and Santa Barbara counties, twelve thousand dollars. (1)
(1) For official bonds, see ante, page 97. For oath, see ante, page 243.