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auction duties, shall make and subscribe an affidavit of those facts before
the Judge of the Court of Common Pleas, and shall transmit a copy of the
said affidavit, certified by said Judge, to the State Treasurer, within the
same time that an account is required to be rendered, under the penalty
prescribed in the last preceding section.

P. L. L. (1860), Art. 4, sec. 123. P. L. L. (1888), Art. 4, sec. 112.

270. It shall not be lawful for the Governor to nominate to the Senate
as auctioneer any person who shall not have settled in full at the Treasury
office for all amounts due from him on account of auction duties.

P. L. L. (1860), Art. 4, sec. 124. 18T2, ch. 249. P. L. L. (1888), Art. 4, sec. 113.

271. If any auctioneer shall be guilty of any fraud or deceit in the
discharge of the duties of his office, or shall elude or defeat any provisions
of this subdivision of this Article, for a violation of which no penalties
are therein specially prescribed, he shall be guilty of a misdemeanor and
subject to presentment and indictment in the Criminal Court of Balti-
more, and on conviction thereof shall be fined in a sum not exceeding one
thousand dollars, nor less than one hundred dollars for every such offense;
and if any auctioneer shall pay or cause to be paid directly or indirectly,
to any trustee, attorney, executor or administrator, selling real estate or
property of any kind under any order of any court, or under any power
of attorney, any portion of the fee or commission received or receivable
by him, and charged by him in his account for making any sale of such
real estate or property for such trustee, attorney, executor or adminis-
trator, he shall be deemed guilty of a misdemeanor, and on conviction
thereof in the Criminal Court of Baltimore shall be fined in a sum not
exceeding two hundred dollars, nor less than fifty dollars, for every such
offense, and such trustee, attorney, executor or administrator receiving or
retaining such portion of such fee or commissions, and not accounting for
it to the proper parties, shall be liable in a suit on his bond for double the
amount so received or retained by him, to the cestui que trust, the prin-
cipal, or to any person interested in the estate which he represents.

P. L. L. (1860), Art. 4, sec. 125. P. L. L. (1888), Art. 4, sec. 114.

272. If any person shall, within seven days after any such offense
shall be committed, prosecute for the penalties imposed by this subdivision
of this Article, the State Treasurer, upon information thereof having
come to his knowledge, shall direct the State's Attorney for the City of
Baltimore to prosecute for the same; and the penalties when recovered
shall be paid into the treasury for the use of the State.

P. L. L. (1860), Art. 4, sec. 126. P. L. L. (1888), Art. 4, sec. 115.

273. If any person shall wilfully swear falsely touching any matter
hereinbefore required in this subdivision of this Article to be verified by
oath, he shall suffer the pains and penalties which by law are prescribed
for wilful and corrupt perjury; and if an auctioneer, shall also forfeit
his office.