Page:1864-65 Territory of Dakota Session Laws.pdf/151

Rh ed about, the business of selling property or goods by auction, who sells any goods or property in a damaged condition, which he offers a sound or in a good condition, is guilty of a misdemeanor.

Sec. 508. All sales of goods by public auction by a licensed auctioneer shall be made in the day-time between sunrise and sunset, unless otherwise authorized by the law under which he holds his license, excepting:

1. Books, prints, pictures or stationary.

2. Goods sold in the original packages as imported, according to a printed catalogue, of which samples shall have been opened and exposed to public view at least one day previous to the sale. Every person who violates the provisions of this section is guilty of misdemeanor; and in addition to the punishment prescribed therefor by law, is forever disqualified after his conviction therefor, from being licensed to act as an auctioneer within this territory.

Sec. 509. Every auctioneer, and every partner or clerk of an auctioneer, and every person whatever in any way connected in business with an auctioneer, who willfully omits to render any semi-annual or other account, by law required to be rendered, at the time or in the manner prescribed by law, or who willfully omits to pay over any duties legally payable by him at the time and in the manner prescribed by law, is guilty of a misdemeanor.

Sec. 510. Every auctioneer, and every partner or clerk of any auctioneer, and every person whatever in any way connected in business with an auctioneer, who commits any fraud or deceit, or by any fraudulent means whatever seeks to evade or defeat the provisions of the laws of this territory relating to auctions, now in force, or that may hereafter be enacted, is guilty of a misdemeanor, and in addition to the punishment prescribed therefor is liable in treble damages to any party injured thereby.

Sec. 511. Every person whose duty it may be to deliver to any collector of tolls upon any canal that hereafter may be constructed and owned by this territory, a bill of lading of any property transported upon any such canal, who knowingly de-