1028 ARTICLE 4.

P. L. L. (1860), Art. 4, sec. 92. P. L. L. (1888), Art. 4. sec. 81.

239. All goods and property, of what kind soever, shall in all cases be
struck off to the highest bidder; and where the auctioneer or owner, or any
person employed by them or either of them, shall be such bidder, the goods
or property 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.

Warehime v. Graf. 83 Md. 98.

P. L. L. (1860), Art. 4, sec. 93. P. L. L. (1888), Art. 4. sec. 82. 1894, ch. 350.

240. The Governor, by and with the advice and consent of the Senate,
shall biennially appoint as many auctioneers in the City of Baltimore as
he may think proper, not to exceed thirty.

P. L. L. (1860), Art. 4, sec. 94. P. L. L. (1888), Art. 4, sec. 83.

241. Each person so appointed, the amount of whose sales of goods,
wares merchandise and personal property of every kind, exclusive of his
real estate sales and sales of houses, shall not exceed the sum of one hun-
dred and fifty thousand dollars, shall, before entering upon the duties of
his office, enter into a recognizance to the State, with two sufficient securi-
ties, in the sum of five thousand dollars, conditioned for the payment of
the duties hereinbefore mentioned to the Treasurer of Maryland, and that
he shall in all things well, truly and faithfully behave and conform himself
according to the true intent and meaning of this law; and shall also pay
to the Treasurer of Maryland the sum of four hundred and fifty dollars,
as a license.

McMechin v. Mayor, 2 H. & J. 41. McMechin y. Mayor, 3 H. & J. 534.

P. L. L. (1860), Art. 4, sec. 95. 1872, ch. 249. P. L. L. (1888), Art. 4, sec. 84.

242. Any auctioneer paying the license fee, and executing the bond
prescribed in the preceding section, may make sales of every description
of goods, wares and merchandise of every kind, and real estate, and may
exercise all the rights and privileges of a general auctioneer to the extent
and amount of the sum prescribed in said section; and he shall make,
under oath, quarterly returns to the Comptroller of the City of Baltimore,
showing the full amount of his sales of every kind, distinguishing his sales
of goods, wares and merchandise, and personal effects of every kind, from
his sales of real estate and houses; and if any auctioneer under said license
shall sell any amount exceeding the sum named in the last preceding sec-
tion, he shall be subject to all the penalties hereinafter imposed upon
auctioneers who shall sell without license.

This section has been modified to conform to the changes in the law made neces
sary by the repeal of section 233 of this Article, by Act 1900. ch. 208

P. L. L. (1860), Art. 4, sec. 96. P. L. L. (1888), Art. 4, sec. 85.

243. Each auctioneer so appointed whose sales of goods, wares and
merchandise, and personal effects of every kind, exclusive of his real
estate sales and sales of houses, shall exceed the sum of one hundred and