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[Section II.] (Section III, P. L.) And be it further enacted by the authority aforesaid, That the said auctioneers and no other shall, from and after the publication of this act, have full power and authority to set up and expose to sale by public outcry and vendue, all and any houses, lands, goods, wares and merchandises and property whatsoever, negroes and mulatto slaves excepted, rendering and paying to the state treasurer for the use of the commonwealth one per centum of the gross amount of the sales so by him or them made as aforesaid, in manner following, That is to say: That each and every of the said auctioneers shall, once in every three month[s], render an account upon oath to the said treasurer (which oath he is hereby empowered to administer and is directed to file the said account with the said oath in his office) of all the effects and property by him or them sold at any time before the said time of rendering the same account and since his last settlement, and shall then immediately pay to the same treasurer the full amouut of the said one pound in the hundred pounds upon the same account; and upon any failure in rendering the same account upon oath, or of payment of the said sum of one per centum, any auctioneer so failing or neglecting shall be discharged from his place and the said bond put immediately in suit. And if any person or persons other than the said auctioneers shall be found selling or disposing of any lands, tenements, goods, wares, merchandises or property whatsoever within the city of Philadelphia, the Northern Liberties or the district of Southwark, except as hereinafter is excepted by way of vendue or auction such person or persons so offending and being thereof legally convict[ed] shall, for every such offense, forfeit the sum of twenty thousand pounds to the use of the poor of the city, liberties or district where such offense shall be committed. And, moreover, it shall and may be lawful for any justice of the peace of the said city, liberties or district, respectively, upon his own view or on the testimony and information of one or more creditable witnesses to him given of any persons selling any lands, tenements, goods, wares, merchandise or other property whatever by way of vendue or auction as aforesaid, except as by this act is excepted, within the said city, district or liberties to cause such person or persons so offending to [be] apprehended and may oblige him, her or them to find sureties for his, her or their good behavior and appearance at the next court of quarter

sessions of the peace to be held for the said city, liberties or districts, respectively.

[Section III.] And it is further declared, That if the party so bound over, shall, during the continuance of his, her and their recognizances, presume again to sell or expose to sale by way of vendue as aforesaid any lands, tenements, goods, wares, merchandise or other property whatsoever within the said city, liberties or district, such selling or exposing to sale shall be deemed and is hereby declared to be a breach of the said recognizance.

[Section IV.] (Section IV, P. L.) Provided always, and it is hereby further enacted, That nothing herein contained shall extend or be construed to extend to hinder any lawful executor or executors, administrator or administrators, to expose to sale by way of public auction, vendue or otherwise, any lands, tenements, goods or chattels of their respective testators or intestates or to hinder any sheriff, constable, lieutenant or sub-lieutenant or other officer to sell and dispose of by way of vendue any lands, tenements, goods or chattels taken in execution and liable to be sold by order of law, or to hinder any person or persons from selling or exposing to sale by way of vendue any goods or chattels of any kind whatsoever taken and distrained for rent in arrear, but that all and every [such] person or persons may do therein as they might have done, any [prohibition] in this or any former law contained to the contrary notwithstanding.

(Section V, P. L.) And whereas the crime of horse stealing is become so frequent in this and the neighboring states as to render every precaution and remedy necessary and proper:

[Section V.] (Section VI, P. L.) Be it therefore enacted by the authority aforesaid, That each and every of the said auctioneers shall keep a register of the horses, mares [or] geldings by them respectively exposed to sale, in their respective offices, wherein shall, before sale, be inserted the color, size and principal marks, natural and artificial, of every horse, mare or gelding by him exposed to sale, and the age, as the intended vendor shall declare it, the name or names of the persons offering the same for sale, and after the sale the name of the person to whom the same is sold, which said register is hereby declared to be so far a public record as that every person shall be entitled to a view thereof and a copy, if demanded,

paying for such inspection the sum of two dollars and for such copy the sum of six dollars, and shall be read in evidence on any trial respecting the property of such horse, mare or gelding.

[Section VI.] (Section VII, P. L.) And be it further enacted by the authority aforesaid, That no sale of any stolen horse, mare or gelding by virtue of this act shall be deemed a public sale in market overt, so as to change the property thereof.

[Section VII.] (Section VIII, P. L.) And be it further enacted by the authority aforesaid, That no vendue shall be held by the said auctioneers, or any of them, out of the city or district for which he or they shall be appointed, and that their fees or recompense for selling at public auction, collecting the money and paying over the same without loss or waste shall be as follows: For household goods, cattle and live stock, five per centum; for horses, two and a half per centum; for ships, houses and lands an half per centum; for rum, sugar, tea, coffee and all other groceries, two and a half per centum; for European and American manufactures, in such lots or proportions as are usually sold in wholesale stores, five per

centum.

Passed September 23, 1780. See the note to the Act of Assembly passed November 26, 1779, Chapter 870; and the Acts of Assembly passed April 13, 1782, Chapter 975; December 9, 1783, Chapter 1063. Recorded L. B. No. 1, p. 402, &c.

AN ACT TO PERMIT THE

[10 Stats. 243.]

CHAPTER CMXXII.

EXPORTATION OF FLOUR OF WHEAT FROM THIS STATE BY SEA UNDER CERTAIN LIMITATIONS AND RESTRICTIONS.1

(Section I, P. L.) Whereas prohibitions on the exportation of provisions must ever be injurious to this country except in years of scarcity, and as this cause of the late embargoes is in some measure removed by the greater plenty wherewith it hath pleased Providence to bless the land, and as the ability of this state to furnish its quota of supplies for carrying on a just and necessary war depends materially on the freedom of trade:

And whereas, by an act of assembly passed on the twenty-eighth day of February last, entitled "An act

1 Passed February 28, 1780, Chapter 876.

for laying an embargo on the exportation of provisions from this state by sea for a limited time," the exportation from this state by sea of all provisions for the food of man, was, from and after the publication thereof until the first day of September following, forbidden under the penalties and forfeitures in the said act provided and contained:

And whereas, the said act having expired by its own. limitation was, by another act of assembly, passed on the twenty-second day of September last, revived and continued for and during the term of six months and from thence to the end of the next sitting of the general assembly:

[Section I.] (Section II, P. L.) Be it therefore enacted and it is hereby enacted by the Representatives of the Freemen of the Commonwealth of Pennsylvania in General Assembly met, and by the authority of the same, That it shall and may be lawful, during the continuance of the said embargo, the said-recited acts notwithstanding, to lade and export by sea, out of this state, flour of wheat, the same being first inspected and found to be good and merchantable and packed according to law, in the manner and upon the conditions and under the regulations hereinafter provided and set forth, and not otherwise. That is to say: In every ship or other vessel, truly and bona fide armed, fitted and provided with six or more carriage guns and suitable ammunition for the same, each of the said guns to be of such caliber as to be capable of discharging an iron ball weighing at least three pounds avoirdupois, and the said vessel to be manned with twenty seamen and other persons of the age of eighteen years or more each, for and during the intended voyage, who shall be actually hired and employed for the defense and service of such vessel, any quantity of such flour not exceeding four hundred hundreds weight of one hundred and twelve pounds to the hundred. In every ship or other vessel truly and bona fide fitted and provided with ten or more carriage guns nd suitable ammunition for the same, each of the said carriage guns to be of such caliber as to be capable of receiving and discharging an iron ball weighing at least four pounds. avoirdupois, the said vessel to be manned with thirty seamen and other persons of the age of eighteen years or more, actually hired and employed for the defense and service of such vessel, for and during the intended voy

age, any quantity of such flour not exceeding one thousand hundreds weight as aforesaid. In every ship and other vessel truly and bona fide armed, fitted and provided with fourteen or more carriage guns and suitable ammunition for the same, each of the said guns to be of such cali er as to be capable of receiving and discharging an iron ball weighing at least four pounds avoirdupois, the said vessel to be manned with not less than forty seamen and other persons of the age of eighteen years or more, actually hired and employed in the defense and service of such vessel, for and during the intended voyage, any quantity of flour that such vessel can reasonably lade and carry.

[Section II.] (Section III, P. L.) And be it further enacted by the authority aforesaid, That no flour designed for exportation in pursuance of this act shall be laden on board of any ship or vessel before the master of such ship or vessel shall deliver to the naval officer of the port of Philadelphia a memorial in writing, therein expressing and setting forth such design, the name and kind of vessel, her size [or] tonnage, the name and names of the owner or owners, and the place of their several abodes, the number and size of the carriage guns with which such vessel is or is intended to be armed and fitted, and the number of seamen and others as aforesaid that he will hire and employ during the intended voyage, together with the quantity of flour he is desirous to lade, and requesting the said naval officer to grant his permit for the lading thereof; in which said memorial whatever respects number shall be expressed in words at length, and not in figures; whereupon, the said naval officer having first taken a bond to the commonwealth from the said master and two sufficient resident sureties, each obligee bound severally as well as jointly, for at least double the value of such flour designed to be shipped as aforesaid, conditioned for the true and faithful compliance of said master and the owners of such vessel, with the several requisites, regulations and limitations of this act, the said naval officer shall grant a permit for the lading of such quantity of flour as is in such case allowed by this act.

(Section IV, P. L.) Provided always, That no permit shall be available for lading of any flour in pursuance of this act unless the same shall be shipped in the proper vessel and within forty days after the date of such permit, nor unless such lading be in the day time and at

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