Chapter 473. To prevent fraud at public auctions in the District of Columbia
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CHAP. 473.— An Act To prevent fraud at public auctions in the District of Columbia. September 8, 1916.[[H. R. 14824](/us/bill/64/hr/14824).][[Public, No. 281](/us/pl/64/281).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * District of Columbia.Auction sales without permit, etc., unlawful. That hereafter, excepting sales made under authority of law, it shall be unlawful in the District of Columbia for any person, firm, or corporation, either for himself or itself, or for another or for any firm, or corporation to sell or offer to sell at public auction any stock or stocks of merchandise, in whole or in part, without first obtaining from the Board of CommissionersIssue for deceptive, etc., sales forbidden. of the District of Columbia a written or printed permit so to do; and the said Board of Commissioners shall not issue a permit for any such sale or sales until they are satisfied that neither fraud nor deception of any kind is contemplated or will be practiced, and that neither the sale, the reasons therefor nor the goods to be sold have not already been or will not thereafter be fraudulently or falsely advertised or in any wise whatsoever misrepresented.
Sec. 2. Duration of permit. That every such permit shall be issued for a definite period of time not exceeding twelve months from its date of issue, and the 847date and hour of its expiration shall be stated in the permit, and before such permit shall be issued the applicant therefor shall payPayment of fee. to the District of Columbia, through its collector of taxes, such fee as the said Board of Commissioners may deem sufficient to reimburse the District of Columbia for the work and expense of issuing the permit and gathering information concerning the applicant and his goods as the said board may deem prudent and best for the protection of the public, but which fee shall not exceed the sum of $50.
The application for the said permit shall be by verified petition,Application requirements. stating the name of the applicant, residence, street, and number of the proposed place of selling, and shall set forth in detail the goods to be sold and what statements or representations are to be made or advertised as to the same, and the length of time for which the permit is desired; and, if previously engaged in a like or similar business, to designate all the places where the same was conducted, and shall furnish to said commissioners such further evidence as shall be deemed necessary to establish the truth of the statements made in the said petition.
Sec. 3. That no permit as herein provided for shall be requiredSales not requiring permits. for the sale of any wagon, carriage, automobile, mechanics’ tools, used farming implements, five stock, including game, poultry (dressed or undressed), vegetables, fruits, melons, berries, flowers, or for the sale of used household furniture and effects when being sold at the residence of the housekeeper selling them. Sec. 4. That the Board of Commissioners of the District of ColumbiaSuspension of permits for violations of Act, etc. are hereby vested with authority to temporarily suspend the operation of the license herein provided for whenever they may believe that this Act or any part thereof, or regulations made in pursuance thereof, are about to be or are being violated, and theyLegal proceedings.Effect of. shall thereupon forthwith institute the appropriate proceeding in the police court in accordance with this Act, and in the event that the said violation results in a conviction, then and in that event the license shall be and become null and void, but in the event that the said proceeding shall terminate in favor of the defendant, then and in that event the suspension of said license shall be at an end, and the license shall thereupon be restored and be in full force and effect.
Sec. 5. That no person as herein provided for shall sell at publicEvening sales of designated articles forbidden. auction, from the first day of April until the thirtieth day of September, both inclusive, between the hours of seven o’clock in the evening and eight o’clock the following morning, nor from the first day of October until the thirtieth day of March, both inclusive, between the hours of six o’clock in the evening and eight o’clock in the morning, any jewelry, diamond, or other precious stone, watch, gold and silver ware, gold and silver plated ware, statuary, porcelains, bric-a-brac, or articles of virtu.
Sec. 6. That any person selling or offering for sale any propertyWarranty of statements by seller. under the provisions of this Act shall, in describing the same, be truthful with respect to the character, quality, kind, and description of the same and which, for the purpose hereof, shall be considered as warranties, and any breach of the same shall be punishable byPunishment for breach. prosecution in the police court, as hereinbefore set forth. Sec. 7. That all prosecutions under this Act shall be in the policeProsecutions in police court. court of the District of Columbia upon information by the corporation counsel or one of his assistants.
Any person violating any ofPunishment. the provisions of this Act shall, upon conviction thereof, be punished by a fine of not less than $10 nor more than $200 or imprisonment of not more than sixty days or both, in the discretion of the court. Sec. 8. That nothing herein shall be construed to excuse or releaseNo tax released. any person, firm, or corporation, or property from the payment of any occupational or property tax, or any other tax imposed or levied by law. Neither shall anything herein be construed to obviate 848False advertisements.*Ante*, p. 165.the application of any fraudulent or false advertisement statute of the District of Columbia to any person who may violate the same; nor shall anything herein be construed to prevent any prosecution Other remedies not impaired.for fraud, deceit, or larceny by trick; nor to in anyway estop or hinder any remedy at law or in equity, or the right to cancel or estop any unconscionable bargain or fraudulent transaction.
Sec. 9. Inconsistent laws repealed. That all Acts and parts of Acts inconsistent herewith are hereby repealed. Approved, September 8, 1916.