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ATTORNEYS IN FACT.

1. Letters of attorney, how proved. Effect thereof.
2. Lands may be conveyed by letter of attorney.
3. Of the revocation of letters of attorney.
4. Trustees, &c., may convey by attorney.
5. Sales may be public or private.

1705 § 2. 1 Sm. 69. Letters of attorney, how proved.

Effect thereof.

Ibid § 3.

Lands may be con

attorney.

6. Letters of attorney may be recorded. How proved or acknowledged.

7. Officers of other states may take acknowledgments. Proof of authority.

8. Deeds defectively executed under powers of attorney confirmed.

1. All and every bonds, specialties, letters of attorney, and other powers in writing, which shall be produced in any court, or before any magistrate in this province, the execution whereof being proved (o) by two or more of the witnesses thereunto, before any mayor or city magistrate or officer(p) of the cities, towns or places, where such bonds, letters of attorney or other writings are or shall be made or executed, and accordingly certified under the common or public seal of the cities, towns or places where the said bonds, letters of attorney, or other writings are so proved respectively, shall be taken and adjudged as sufficient in law, as if the witnesses therein named had been present, and such certification (9) shall be sufficient evidence to the court and jury for the proof thereof.

2. All sales or conveyances of lands, tenements or hereditaments, which shall hereafter be made by virtue of any letters or powers of attorney or agency, duly veyed by letter of executed, which do or shall expressly give power to sell lands or other estates, and be certified to have been proved as aforesaid, or shall be proved in this province before any justice of the peace, by one or more of the witnesses thereto, shall be good and effectual in law, to all intents, constructions and purposes whatsoever, as if the said constituent or constituents had, by their own deeds, bargains and sales, actually and really sold and conveyed the same.

Ibid. § 4.

Of the revocation of letters of attorney.

14 March 1850 § 1. P. L. 195.

Trustees, &c., may convey by attorney.

Ibid. § 2.

Sales may be public or private.

14 Dec. 1854 § 1. P. L. 724.

may be recorded."

3. Provided always, That no sale of lands, tenements and hereditaments, made by virtue of such power or powers of attorney or agency as aforesaid, shall be good and effectual, unless such sale be made and executed while such power is in force; and all such powers shall be accounted, deemed and taken to be in force, until the attorney or agent shall have due notice of a countermand, revocation or death of the constituent.(r)

4. Any trustee, executor or other person acting in a fiduciary character, with power to convey lands or tenements in Pennsylvania, may make conveyance under such power by and through an attorney or attorneys duly constituted, and such conveyance shall be of the same validity as if executed personally by the constituent; and all conveyances so heretofore bonâ fide made by such trustees, are hereby confirmed: Provided, That nothing herein contained shall authorize any person so acting in a fiduciary character, to delegate to others the discretion vested in himself for the general management of his trust.

5. All powers of sale contained in any instrument which has heretofore been made or delivered by any person or persons, to his, her or their agent or attorney in fact, and all powers to sell or let real estate on ground-rent, contained in any deed, will or other instrument heretofore executed, shall be deemed and taken to authorize sales, conveyances and leases, either public or private, unless expressly restricted by the instrument to one or the other mode, and all private sales heretofore bona fide made under such powers are hereby confirmed.

6. All letters of attorney authorizing contracts to be made, the adjustment of accounts, the sale of stocks and personal estate, the receipt of moneys, or the disLetters of attorney charge and acquittance of legacies, or distributive shares, when executed, proved or acknowledged in other states or foreign countries, by any person, or husband and wife, in manner authorized to allow letters of attorney for the conveyance of How proved or ac- real estate to be put on record, or if proved or acknowledged in like manner before knowledged. any minister, consul or vice-consul of the United States, or officer thereof exercising ministerial or consular functions, or before a notary public in foreign countries and duly certified under his official seal, may be placed of record in the recorder of deeds' office, in any county where the powers conferred by such letters are intended to be exercised, and receivable in evidence in courts of justice, as also the exemplifications from the record thereof, when the originals shall have been lost.

(0) An acknowledgment by the constituent is sufficient. Milligan v. Dickson, Pet. C. C. 433. Blythe v. Richards, 10 S. & R. 265. Costen's Appeal, 13 P. S. R.

292.

(p) Proof before a notary public is not sufficient. Griffith v. Black, 10 S. & R. 162. It may be made before a consul or vice-consul, by act 16 January 1827, § 1. 9 Sm. 255.

(q) Proof of the seal is dispensed with by act 3 April 1840, § 1. P. L. 233.

(r) A bona fide purchaser, without notice, would be protected, notwithstanding a revocation, of which the constituents had taken no steps to give notice. Morgan v. Stell, 5 Binn. 305.

7. Any and every grant, bargain and sale, release or other deed of conveyance 14 Dec. 1854 § 3. or assurance of any lands, tenements or hereditaments in this commonwealth, and P. L. 724. any power or powers of attorney to make and execute such sale, conveyance, mort- Officers of other gage or transfer of any lands, tenements or hereditaments in this commonwealth, states may take acmade and executed in any of the United States, may be recorded in the county in knowledgments. which such lands, tenements and hereditaments are situated, if the acknowledgment thereof be taken in due form before any officer or magistrate of the state wherein such deed, et cetera, is executed, authorized by the laws of said state to take the acknowledgment of deeds or other instruments of writing therein; and

the proof of such authority shall be the certificate of the clerk or prothonotary of Proof of authority. any court of record in such state, that the officer or magistrate so taking such acknowledgment, is duly qualified by law to take the same.

8. Whenever any deed of conveyance or other instrument of writing has been 20 March 1860 § 1. heretofore executed or acknowledged, or both, under any power sufficiently author- P. L. 204. izing the same, which power shall have been recited in said deed or other instrument, Deeds defectively shall have been informally executed by an attorney, in his own name, reciting executed under his authority, instead of being executed in the name of the principal or prin- Powers of attorney cipals, such deed or instrument shall be taken to be of the same validity and effect as if executed in the name and behalf of the principal or principals, as a party or parties thereunto :(8) Provided, That no case heretofore decided judicially shall be affected by this act.

AUCTIONS.

See PEDLARS.

I. AUCTIONEERS IN PHILADELPHIA AND
ALLEGHENY.

II. IN OTHER PARTS OF THE STATE. 24. Terms of commissions in Lancaster.

25. To be subject to the laws regulating auctioneers

1. Terms of auctioneers' commission of the first in Philadelphia:

class.

2. Second class.

3. Third class.

4. Fourth class.

26. Auctioneers may contract for compensation.
27. Penalty for selling without commission.
28. Not to sell by retail, except in certain cases.
29. Persons in business less than six months, not

5. Fifth class. Percentage on sales exceeding to sell out by auction. Penalty for so doing.
amount authorized by commission.

6. Sixth class, in Philadelphia.

7. Tax on sales. Return to be made quarterly on

oath.

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13. Repeal of former laws.

14. Auctioneers in Allegheny county regulated.
13. Auctioneers not to purchase at their own sales.
16. Commissions to be renewed annually.
17. Bond to be renewed every three years.

18. Commission to be void on neglect to make payments to state treasurer.

19. Auctioneers not to be associated with commission merchants. Nor to hold sales at certain places. 20. Auctioneers to keep a registry. To pay duty on goods sold on commission.

21. To render quarterly account under oath. Form of oath. All parties to make oath to account. 22. Compensation of deputy attorney-general. 23. Penalty for continuing business after expiration of license.

30. Penalties to be recoverable by indictment. Duty of justices.

31. Auctions in certain boroughs regulated.

32. Sales by auction prohibited in certain counties. Exceptions.

33. Penalty. How recoverable.
34. Suits for penalties regulated.

III. GENERAL PROVISIONS.

35. Auctioneers to render quarterly accounts.
36. Executors selling by auction, to make known
the names of their testators. Penalty for neglect.
37. Sheriffs and constables not to sell by auction,
except on execution or distress.

38. Auctioneers to have certain allowances.
39. Duty on sale of furniture and wearing apparel.
40. Penalty for giving liquors at auctions.
41. Fines, how recoverable.

42. Limitation of prosecution.
43. Duty on auction sales.

44. No duty to be paid on real estate or vessels.
45. Settlement of auctioneers' accounts. Penalty
for neglecting to pay over to state treasurer.

46. Violations to be punishable by indictment.
47. Attorney-general to prosecute. His compensa-
tion.

48. Tax on auction sales of foreign merchandise.
49. Tax on commissions.
50. License tax.

I. Auctioneers in Philadelphia and Allegheny.

P. L. 435.

1. Upon any citizen of the United States and of the state of Pennsylvania, pay- 9 April 1859 § 1. ing into the state treasury the sum of two thousand dollars, and giving bonds(1) in the sum of five thousand (dollars,) with two or more sufficient securities, to

(8) This embraces the case of one who was empowered. by letter of attorney from the committee of a lunatic, to sell the lunatic's real estate, and who conveyed in his own name, without referring to the power. Henby v. Warner, 51 P. S. 276.

(t) The act of 2 April 1822 provides, that the bonds shall be "conditioned for the faithful performance of the duties of an auctioneer, and for the payment of all duties and taxes which may become due to the state, in consequence of his exercising the trade or occupa

P. L. 435.

Terms of auc

9 April 1859 § 1. be approved of by the judges of the court of common pleas of the city of Philadelphia, the governor (u) thereupon shall grant him a commission of the first class, for one year, to make sales by auction or by public outcry, or on commission, (v) tioneer's commis- of real estate, stock, vessels, loans, and of any and every description of merchandise and personal property whatsoever, and to any amount, in the city of Philadelphia.

sion of the first

class.

Ibid. § 2. Second class.

Ibid. § 3. Third class.

Ibid § 4. Fourth class.

Ibid. § 5. Fifth class.

Percentage on sales exceeding amount authorized by commission.

P. L. 405.

Sixth class, in
Philadelphia.

2. Upon any citizen as aforesaid paying into the state treasury the sum of fifteen hundred dollars, and giving bonds, with securities as aforesaid, the governor shall grant him a commission of the second class, for one year, to make sales, in said city, by auction or by public outery, or on commission, of real estate, stocks, loans, vessels, and of any and every description of merchandise and personal property whatsoever; providing the sales so made of merchandise and personal property, in any one year, does not exceed the sum of seven hundred and fifty thousand dollars.

3. Upon any citizen as aforesaid paying into the state treasury the sum of one thousand dollars, and giving bonds, with securities, in the sum of three thousand dollars, the governor shall grant him a commission of the third class, for one year, to make sales, in said city, by auction or by public outery, or on commission, of real estate, stocks, loans, vessels, and of any and every description of merchandise and personal property whatsoever; providing the sales so made of merchandise and personal property, in any one year, does not exceed the sum of five hundred thousand dollars.

4. Upon any citizen as aforesaid paying into the state treasury the sum of five hundred dollars, and giving bonds as aforesaid, the governor shall grant him a commission of the fourth class, for one year, to make sale by auction or by public outery, or on commission, of real estate, stocks, loans, vessels, and of any and every description of merchandise and personal property whatsoever; providing the sales so made of merchandise and personal property, in any one year, does not exceed the sum of two hundred and fifty thousand dollars.

5. Any citizen as aforesaid residing and doing business not less than five miles from Independence Hall, in the city of Philadelphia, paying into the state treasury the sum of one hundred dollars, and giving bonds, with securities, in the sum of two thousand dollars, the governor, thereupon, shall grant him a commission of the fifth class, for one year, to make sales, in said city, by auction or by public outery, or on commission, of real estate, stocks, loans, vessels, and of any and every description of merchandise and personal property whatsoever; providing the sales so made of merchandise and personal property, in any one year, does not exceed the sum of fifty thousand dollars: Provided, That in case the sale of any auctioneer taking out a commission under the second, third, fourth or fifth class, shall exceed the maximum amount authorized by this act, he shall pay into the state treasury, at the close of each year in which his sales shall so exceed said maximum, the sum of one-half of one per cent on the amount of such surplus sales, in addition to the amount paid for his original commission.

25 March 1873 § 1. 6. Upon any citizen of the United States, and of the state of Pennsylvania, paying into the state treasury the sum of five hundred dollars, and giving bonds in the sum of two thousand dollars, with two or more sufficient securities, to be approved of by the judges of the court of common pleas in the city of Philadelphia, the governor thereupon shall grant him a commission of the sixth class, for one year, to make sales, to any amount, by auction or by public outery, or on commission, in said city, of horses, cattle and live-stock of all descriptions, and vehicles of all kinds, together with all articles used therewith, or connected with the keeping of them.

9 April 1859 § 6. P. L. 436.

Tax on sales.

Return to be made quarterly on oath.

Oath.

Ibid. § 7.

7. Said auctioneers shall pay into the treasury of the commonwealth a tax or duty of one-fourth of one per centum on all sales of loans or stock, and shall also pay into the treasury aforesaid a tax or duty, as required by existing laws, on all other sales to be made as aforesaid, except on groceries, goods, wares and merchandise of American growth or manufacture, real estate, shipping or live-stock ; and it shall be the duty of the auctioneer having charge of such sales to collect and pay over to the state treasurer the said duty or tax, and give a true and correct account of the same, quarterly, under oath or affirmation, in the form now required by law. (w)

8. That any citizen obtaining an auctioneer's commission of either class in the city of Philadelphia, or county of Allegheny, at the time of taking out said commission, be compelled to make oath that he will conform, in all things, to the true intent and meaning of the several auction laws of this commonwealth, according auctioneers, see Commonwealth v. Crall, 2 C. C.

tion of an auctioneer." 7 Sm. 593. An auctioneer's bond is a security for his private customers, as well as for the duties payable to the state. Yard v. Lea, 3 Y. 335; s. c. 4 Dall. 95. Davis v. Commonwealth, 3 W. 297. The person who first brings suit is entitled to priority of payment. McKean v. Shannon, 1 Binn. 370. Dallas v. Chaloner's Executors, 3 Dall. 501.

(u) See Commonwealth v. Cotton, 14 Phila. 667. For a list of local statutes relating to auctions and

243.

(2) A licensed auctioneer, in the city of Philadelphia, who advances money on goods, and charges commissions on such advances, is liable to the payment of a pawnbroker's license, under the city ordinance. Hunt v. Philadelphia, 35 P. S. 277.

(w) See infra 50, as to the license tax upon auctioneers, in lieu of commissions on sales.

to the best of his knowledge, information and belief; and shall also make return, 9 April 1859 § 7. at least once each and every year, to the state treasurer, of the total amount of P. L. 436. sales made by him at auction, or on commission, of merchandise and personal Annual reports. property, the same to be a true and correct account, under oath or affirmation, before an alderman or justice of the peace of the said city or county.

9. It shall not be lawful for any person or persons to make sales by auction or Ibid. § 8. by public outcry in the city of Philadelphia or county of Allegheny, of real estate, No person to sell stocks, loans, vessels, merchandise and personal property of any description, except by auction unless it be by a duly commissioned auctioneer of the said city or county: Provided, commissioned. That this act shall not be so construed as to interfere with any sales authorized by excepted. the courts of said city or county, or in consequence of any legal proceeding whatever, or of personal property sold in consequence of the owner declining business or housekeeping.

Judicial sales

Ibid. § 9.

Penalty for selling

10. Any person or persons found guilty of selling at auction or public outcry in the city of Philadelphia or county of Allegheny, except a duly commissioned auctioneer, shall be deemed guilty of a misdemeanor, and upon the conviction without commisthereof in the court of quarter sessions of the peace of the said city or county, sion. be sentenced to pay a fine of five hundred dollars, one-half to go to the informer, and the other half to go to the public-school fund of the city or district wherein the offence was committed; and for the second offence he shall be sentenced to pay a like fine, and undergo an imprisonment in the county jail for thirty days, the fine to be applied as in the first offence. (x)

Ibid. § 10.

with recorder.

be sold at other

11. No auctioneer in the city of Philadelphia, or county of Allegheny, shall, at the same time have more than one house or store for the purpose of holding an To have but one auction; (y) and every auctioneer in said city or county shall designate, in writing, auction store. such house or store, and also his partner or partners, if any, engaged with him in Place of business his said business, which said writing shall be deposited by such auctioneer with and names of partthe recorder of deeds of the proper city or county; and no auctioneer shall ners to be filed expose to sale, by public auction or vendue, in said city or county, any goods, wares or merchandise, or effects whatsoever, at any other places than in the said What goods may houses and stores respectively to be designated as aforesaid, except goods, wares places than the or merchandise which shall be sold in the original package in which they are auction store. imported, domestic dry-goods in original packages as they come from the manufacturers, stocks of dry-goods, groceries, cabinet-furniture, crockery and glassware at the warehouses or stores of the owners, the removal of which, to the auction stores, would be attended with risk and expense to the owners, goods of persons deceased, or of persons who are bonâ fide declining business, household-furniture, musical instruments, live-stock, carriages and such like articles as have been usually sold at auction in warehouses, or in public streets or wharves, or sales authorized by the courts of said city or county, or in consequence of any legal

proceeding whatever. And if any auctioneer in said city or county shall enter Penalty for violaupon the execution of his office, or shall permit any person to act in his behalf, tion of this section. without designating his said house or store, or his partner or partners, if any, in the manner and form herein prescribed, or shall hold any auction at any other place than the place so designated, except for the sale of the articles herein before excepted, he shall be deemed guilty of a misdemeanor, and on conviction, shall be fined in a sum not exceeding three hundred dollars; and it shall be the duty of the court before whom each conviction is had, to transmit forthwith a report thereof to the governor of the commonwealth, who is hereby authorized, in his discretion, to inhibit the person so convicted from acting as an auctioneer so long as such inhibition shall continue.

Ibid. § 11.

12. In case the attorney-general shall have reason to believe that any persons acting under a commission as an auctioneer aforesaid, has failed to make a just Attorney-general and full return of the amount of his sales, as required by this act, it shall be the to have power to duty of the said attorney-general, either in person or by deputy duly authorized, examine auctionto call at the regular place of business of said auctioneer, and make an examina- eer's books. tion of his books and papers, for the purpose of ascertaining the true amount of said sales; and with this view said officer or his deputy shall have authority to administer oaths and examine witnesses; and it shall be his duty, immediately upon the completion of such examination, to report to the auditor-general the amount of sales thus ascertained to be made by said auctioneer, during each quarter, subject to the payment of the state tax or duty, specifying the different classes of such sales; for which service the said attorney-general, or his deputy, shall be authorized to demand and receive from said auctioneer, a fee of ten dollars, if in the city Fees. of Philadelphia, and five dollars, if elsewhere. In each case, and in case any Penalty for refusauctioneer shall refuse to permit such examination, it shall be the duty of said ing to permit such officer to report the fact to the governor, who shall thereupon revoke and annul examination. the commission of such offending auctioneer.

13. That all former auction laws and parts of laws relating to auctions and

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To report to auditor-general.

Ibid. § 12.

wealth, 12 S. & R. 213. See Commonwealth v. Cotton, 1 Chest. Co. R. 77.

P. L. 436.

9 April 1859 § 12. auctioneers for the city and county of Philadelphia, or county of Allegheny, conflicting with the provisions of this act, be and the same are hereby repealed: And provided, That the provisions of this act shall only extend to the city and county of Philadelphia and county of Allegheny.

Repeal of former laws.

Ibid. § 13.

Auctioneers in Allegheny county regulated.

9 Dec. 1783 § 3. 2 Sm. 87.

purchase at their own sales.

14. Auctioneers in the county of Allegheny shall be commissioned in the same manner and on the same terms as is provided in this act in relation to auctioneers in the city of Philadelphia, and shall be subject to the same regulations: Provided, That those doing business in the city of Allegheny shall pay but one-half the rate for commissions established for those doing business in Philadelphia; and that those doing business in said county and not in any city, shall pay onefourth the rates aforesaid: And provided further, That the state tax or duty upon sales of loans or stocks within said county, shall be one-eighth of one per centum, and on all other sales, the amounts specified in this act.

15. If any auctioneer or auctioneers, appointed under this act, or any person or persons by his or their directions, shall at any time hereafter purchase on Auctioneers not to account, or for the use of the said auctioneers, or any of them, at his or their respective auctions, any goods, wares or merchandise, and the same be proved on the oath of one or more credible witness or witnesses, before the justices of the quarter sessions in the city or county of Philadelphia; such auctioneer shall forfeit and pay the sum of five hundred pounds, one-half for the use of the state, and the other for the use of the person who informs and proves the buying aforesaid, to be recovered in any court of record in this state, and shall moreover be rendered incapable thereafter to serve in any post of honor or profit in this state.

2 April 1822 § 2. 7 Sm. 593.

Commission to be

16. For each and every succeeding year, during which the holder of any commission or license granted as aforesaid, shall continue to use and exercise the business of an auctioneer, he shall pay or cause to be paid in advance to the state renewed annually. treasurer a like sum to that which he paid on obtaining such commission; and if any person shall die before the expiration of the time for which he shall have been commissioned, the benefits of the unexpired time of the commission shall be continued to his legal representatives, on application to the governor for that purpose.

Ibid. § 4. Bond to be re

years.

17. At the end of every three years, every person holding the commission of an auctioneer shall renew his bond and sureties, (2) and it shall be in the power, newed every three and it shall be the duty of the governor, at all times, to judge of the validity of the sureties offered or given, and to accept or reject the same, and whenever, in his judgment, it shall become requisite for the security of the state that new sureties should be substituted for, or added to those given by any auctioneer, and he shall fail, on one month's notice, to give such other or further security as shall be deemed sufficient, such auctioneer shall cease from all further use or exercise of his business as an auctioneer, under such penalty as is provided by this act against persons unlawfully exercising or using the said business.

Ibid. § 5.

Commission to be void on neglect to make payments to

state treasurer.

Ibid. § 7. Not to be associ

ated with commis

sion-merchants.

Nor to hold sales at certain places.

29 March 1824 § 1. 8 Sm. 298.

18. In case any holder of a commission under this act shall neglect or refuse to pay the sum or sums of money at the time and in the manner directed in this act, or shall neglect or refuse to render to the state treasurer a quarterly account of all the effects and property subject to duty sold by him, and to pay to said treasurer the amount of duties payable on such sale or sales, according to the provisions of the several acts of assembly in such case made and provided, the said holder of a commission as aforesaid, shall immediately cease to use and exercise the business of an auctioneer, under the penalties hereinafter imposed, by the 5th section of this act, upon persons unlawfully using or exercising the said business.

19. It shall not be lawful for any auctioneer to associate with him in any manner whatever, a commission-merchant who shall derive profit or advantage from the sale of any goods at auction, or farm out the office to another, nor deprive profit or advantage from any sales by auction that are not personally superintended by himself or his known clerk; [nor shall any auctioneer hold sales at the stores of any other person following the business of receiving furniture or goods, for the purpose of selling them by auction, nor at any place but his known sale-room, except it be furniture or goods at the dwelling-house or store of the owner, cargoes on board vessels, or landed on the wharves, or stored in the warehouses of the owners of such goods], under the same forfeitures which are imposed by the sixth section of this act. (a)

20. It shall be the duty of each and every auctioneer, in the cities of Philadelphia and Pittsburgh, to keep a book or register, in which shall be entered all goods To keep a registry. sold by him; and they shall pay the same percentage on all goods sold on commission, that they are bound by existing laws to pay on goods sold by auction.

Duty on sales on

commission.

Ibid. § 2.

To render quarterly account, under oath.

21. Each and every auctioneer of the cities of Philadelphia and Pittsburgh shall, within twenty days after the first of September, December, March and June of the year for which he shall have been commissioned, render to the auditor-general a true and particular account, in writing, of the moneys or sums

(2) Under the preceding section, the auctioneer has the right to renew his license annually, and the bond is a continuing security for the term of three years.

Daly v. Commonwealth, 75 P. S. 331; s. c. 9 Phila.

67.

(a) The penalty is $500 for the first offence, and $1000 for the second. 7 Sm. 594.

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