as they may think proper, grant to any person or persons, complying with the requisitions aforesaid, license to exercise the trade or business of an Auctioneer or Auctioneers within the said Borough, which license, when granted at the June term of any year, shall be valid for twelve months from the first day of July of the same year, and when granted at any other term, shall cease and expire on the first day of July then next ensuing; and if such license shall be obtained at any other time than at the June term, the tax to be paid shall bear such proportion to the whole annual tax, as the period of time between the granting of the license and the first day of July thereafter, shall bear to a whole year; and the amount of the tax paid in each case, shall be specified in the license and in the Collector's returns. III. Be it further ordained, That all and every Auctioneer or Auctioneers, who shall be licensed as aforesaid, shall be bound to receive all goods, wares or merchandize, which they shall be required to sell at public auction, and to give a receipt for the same, if requested-And within five days after every sale made, such Auctioneer or Auctioneers shall, if required, deliver to the owner or owners of the articles or property sold, his, her, or their agent or attorney, a fair account of sales, and shall pay to such owner or owners his, her, or their agent or attorney, the amount of such sales, after having deducted all legal and proper charges; and such Auctioneer or Auctioneers shall keep regular books, wherein shall be recorded a true and fair account of all his or their sales at auction, and shall on the first days of October, January, April and July of every year, or within three days after each of the said periods, render to the Collector of the Corporation, an account on oath of all his or their sales, and shall, at the same time, exhibit his or their sales books to the said Collector-And such Auctioneer or Auctioneers shall also, at the time of rendering their said accounts, pay to the Collector, for the use of the Corporation, one half of one per centum upon the gross amount of his or their sales at auction, and on such payment, shall take from the said Collector, duplicate receipts, one of which shall be delivered to the Register of the Corporation to be entered by him as a charge against the Collector. IV. Be it further ordained, That the said Auctioneers shall be entitled to demand a commission on their sales not exceeding five per centum thereon. Penalty for selling at auc tion without license. Exceptions. V. Be it further ordained, That any person or persons who shall vend or expose to sale, at public auction, within the jurisdiction of this Borough, any goods, wares or merchandize, or any other species of property whatever, or who shall presume to execute the office of an Auctioneer, after the said first day of July, eighteen hundred and twenty-five, without having obtained a license pursuant to the terms of this ordinance, shall be fined in the sum of twenty dollars for each and every such offence; Provided, That nothing herein contained shall be so construed as to prevent executors or administrators, trustees or sheriffs, or other public officers from making sales at auction in pursuance of their respective authorities and in their several characters as aforesaid. VI. Le it further ordained, That if any Auctioneer or Auctioneers, appointed in pursuance of this ordinance, shall proceed to execute any of the duties of an Auctioneer, after the expiration of his or their license, or after it shall have been revoked by the Court, or shall fail to keep fair records of his or their sales at auction, subject to the examination of the Collector as aforesaid, or shall fail to pay the tax aforesaid on his or their sales, at the several periods hereinbefore mentioned, the same having been demanded by the Collector, or to make his or their returns as before required, or to return the receipt of the Collector to the Register as aforesaid, or shall demand a higher commission than is herein allowed, or shall fail to discharge any, whatever, of the duties hereinbefore prescribed, he or they shall be subject to a fine of five dollars for every such failure or offence; and it shall be in the power of the Court aforesaid, for any such failure or offence, or for other good and sufficient cause shown, to revoke and annul any license or licenses which may have been When notice. granted under this ordinance, provided, however, that five days notice shall be given in all cases, before any such license shall be revoked and annulled. Penalty for acting after expiration of license and for other breaches of this ordinance. Power to Court to revoke license. VII. Be it further ordained, That every bond taken in pursuance of this ordinance, shall be registered and preserved by the Register of the Corporation among the papers of his office, and may be prosecuted upon in the name of the Mayor, Recorder, Aldermen and Common Council, for the use of any person or persons who shall or may be injured, at his, her or their costs and charges, and such person or persons shall or may recover all damages which he, she or they may have sus tained by reason of the breach of the condition of the said bond; and such bond shall not become void upon the first recovery, or if judgment shall be given against any plaintiff or plaintiffs who may sue thereupon, but may be put in suit and prosecuted from time to time, until the whole penalty shall have been recovered; and the Court aforesaid shall, in that case, require new bond and security or revoke the license of the Auctioneer or Auctioneers, by whom such bond shall have been given, five days notice, however, having been first given to such Auctioneer or Auctioneers. VIII. No license to be granted under this ordinance shall authorise any person or persons to make or conduct more than one sale at auction at one and the same time, and if any person or persons shall keep two or more vendue or auction stores, he or they shall pay one tax for each store. IX. This ordinance shall commence and be in force from and after the passing thereof. When the whole penalty exhausted, the Court to require new bond, or to re voke the li cense. If more than one store kept a tax to be paid on each. Commence. ment. X. And be it further ordained, That all ordinances and parts of ordinances, coming within the purview of Repealing this ordinance, shall be and the same are hereby repealed. elause. AWNINGS. An Ordinance relative to Awnings in the Streets. Within what In what streets I. Be it ordained by the Common Council of the Borough of Norfolk, in Common Hall assembled, That it shall be lawful for any person or persons, between the first day of April and the first day of November in every year, to place and fix Awnings, made of canvas or linen, before his, her or their house or store, in any street in the Corporation, being forty feet or upwards in widthProvided the railings of the same shall not be less than Railings. four inches in width by three inches in thicknessplained smooth and painted white, and shall not be less than six feet, six inches in height, from the lower side Height. thereof to the pavement under it. And if any Awning be extended or continued in any street of the Corporation, contrary to the provisions of this ordinance, it shall be the duty of the Inspector of the Corporation to order the same to be removed; and any person or per Duty of Inspector when Awnings erected contrary to law. Penalty. sons offending herein, shall forfeit and pay the sum of two dollars, and one dollar for each and every day the same shall so remain thereafter. II. This ordinance shall commence and be in force from and after the passing thereof. Penalty. BARLEY. See Salt and Measurement of. BATHING. An Ordinance to prevent Swimming and Bathing in the waters of Elizabeth River and its Branches, in and adjacent to the Corporation, and for other purposes. 1. Be it ordained by the Common Council of the Borough of Norfolk, in Common Hall assembled, That if any person or persons shall, at any time, Swim or Bathe in the waters of Elizabeth River or its branches, within the Corporation, exposed to the view of spectators, every such person shall forfeit and pay for every such offence, the sum of one dollar. II. This ordinance shall commence and be in force from and after the passing thereof. BEEF (INSPECTION OF.) See Inspection of Beef. Hustings Court to settle every month price of Flour. BREAD, ASSIZE AND INSPECTION OF. An Ordinance for establishing the Assize and regulating the Inspection of Bread. 1. Be it ordained by the Common Council of the Borough of Norfolk, in Common Hall assembled, That the Court of Hustings shall, in every month, ascertain and settle the price of Flour, which price so ascertained and set tled, shall be considered as the real standard price for that month, provided, that whenever, from any cause, the said Court shall fail to set in any month, the Mayor, Recorder or any Alderman shall have full power to ascertain and settle the standard price of Flour for that month. Provision in case of failure. Inspector to publish the Bread month Assize of ly. II. And be it further ordained, That the Inspector of the Corporation shall cause to be published once in each month, in some newspaper employed by the Corporation, the assize of Bread for the month, in the form hereinafter mentioned, and every loaf of Bread of the price of six and a quarter cents, shall be of the weight Weight of determined in such assize, and every loaf of Bread of Bread how rethe price of twelve and a half cents, double such weight. gulated. III. And be it further ordained, That the standard price of Flour, being thus ascertained and settled, the weight and price of all loaf Bread baked for sale, shall be regulated by the following table. When the best Flour is 10s. per cwt. the loaf of the price of six and a quar-lbs. oz. ter cents, shall weigh When When 11s. $2 8 1 14 40986442 5 And whenever the price of the best flour shall be forty five shillings the hundred weight, the loaf shall weigh nine ounces. IV. And be it further ordained, That every loaf of Bread offered for sale or baked for the purpose of being sold, within the Corporation, which shall be short of the weight prescribed by this ordinance, shall be forfeited, and the person or persons baking or causing the same to be baked, as well as the person or persons offering the same for sale, shall forfeit and pay twenty Penalty for cents for each and every ounce over and above one light weight. which each and every such loaf may be so short or de ficient. |