imposed upon him by law, or during a temporary absence from the city or county within which he is auctioneer, may employ a copartner or clerk to hold such auction in his name and behalf, such employee to take and file with the Clerk of the county an affidavit faithfully to perform the duties of auctioneer. But any auctioneer may employ a crier at any sale, for whose acts he shall be responsible. [In effect March 30, 1874.] Amendment 1874-added last sentence to section. § 3306. Book of sales. § 3307. § 3308. § 3309. Advertisement of auction sales in San Francisco. § 3310. Quarterly report of sales. 3302. No auctioneer in any city of this State must have at one time more than one place for holding auction; and every such auctioneer, before acting as such, must file with the Clerk of the county in which such city is situated a writing signed by him designating such place, and naming therein the partners, if any, engaged with him in business. 3303. No auctioneer must expose to sale any articles at any other place than that so designated, except goods sold in original packages as imported, household furniture, and such bulky articles as have usually been sold in warehouses, or in the public streets, or on the wharves. 3304. The Common Council or other corresponding authority of each city may designate such place or places therein for the sale by auction of horses, carriages, and household furniture, as they deem expedient. 3305. Every auctioneer who sells any animal of the horse kind, or any mules, must keep a book, in which he must register the name of each and every person bringing or offering any horse or mule to be sold, and the name of the person purchasing such horse or mule, together with the date of such sale, and a description of each horse or mule sold, together with the marks and brands. The book is a public record, subject to the inspection of any person desiring to inspect the same. Basis of section-and of next, Stats. 1859, pp. 354, 355. 3306. Each auctioneer must keep a book, in which he must enter all sales, showing the name of the owner of the goods sold, to whom sold, and the amount paid, and the date of each sale, which book must at all times be open for the inspection of any person interested therein. 3307. Everyauctioneer in the City of San Francisco must, under his own name, give previous notice in one or more of the public newspapers printed in that city of every auction sale made by him; and in case he is connected with any person or firm, his name must in all cases precede, separately and individually, the name of such person or the title of the firm. 3308. All sales of goods by public auction in the Cities of San Francisco and Sacramento must be made in the day-time, between sunrise and sunset, excepting: 1. Books, prints, or paintings; 2. Goods sold in the original package as imported, according to a printed catalogue, of which samples must have been opened and exposed to public inspection at least one day previous to the sale. 3309. No auctioneer must demand or receive a higher compensation for his services than a commission of one per cent on the amount of any sales, public or private, made by him, unless by virtue of a previous agreement in writing between him and the owner or consignee. Every auctioneer who violates this section, in addition to the criminal penalty, forfeits to the party aggrieved two hundred and fifty dollars, and must refund the excess of charge. Compensation of auctioneer--agreed percentage payable, though parchaser refuse to take the realty sold, on account of defect in the title, 25 Cal. 77. 3310. Every auctioneer must quarterly make to the County Auditor a report, under oath, showing: 1. The aggregate amount of auction sales made by him for the preceding quarter, designating the months and the amount for each month; 2. The days of each month on which auction sales were made, and the character of property sold by him during each month; 3. The amount of all private sales made, and the day on which they were made; 4. A statement of any partner, clerk, or other employee connected with him in his business, and what sales, if any, have been conducted by them, and why; and 5. The particular place where his business is conducted. Accounting by auctioneer-under former statute, held not sole basıs of his liability, 16 Cal. 532. False report-or neglect to make any report, penalty for, $ 3322. ARTICLE III. FRAUDS AND PENALTIES. $ 3322. Penalty for not reporting, or reporting falsely. 3322. For every false report made, and for every neglect to make the report required in the preceding article, the auctioneer thereby forfeits the sum of two hundred and fifty dollars, to be recovered on his bond. Penal provisions-concerning auctions, see Penal Code, §§ 436, 535. 3323. The penalties imposed by the provisions of this chapter, not otherwise appropriated, must be prosecuted for by the District Attorney of the proper county, the moneys recovered to be paid to the County Treasurer for the use of the General Fund of the county. 3324. Any one aggrieved or damaged by any act of an auctioneer, in violation of or contrary to the provisions of this chapter, has an action against him and his bondsmen on his official bond therefor. To elect officers and adopt by-laws. $3337. Firemen, what exempt from. §3338. § 3339. § 3340. $ 3341. § 3342. § 3343. Exempt certificate, by and to whom issued. Seal of department, who to use and keep. Record, and certificate of exemption. Duties of Chief of Fire Department. Chief to attend fires and preserve property. $3344. Setting woods on fire. $3345. Extinguishing fire in woods. 3335. Fire companies in incorporated cities and towns are formed and organized under special laws, or under authority conferred upon the city or town government. Those in incorporated towns and villages are organized by filing, with the Recorder of the county in which they are located, a certificate in writing, signed by the foreman or presiding officer and Secretary, setting forth the date of the organization, name, officers, and roll of active and honorary members, which certificate and filing must be renewed every six months. There shall not be allowed to any such cities, towns, or villages, more than one company for each one thousand inhabitants; but one company shall be allowed in any city, town, or village where the population is less than one thousand. There shall not be allowed to any engine company more than sixty-five certificate members, to any hook and ladder company more than sixty-five certificate members, to any hose company more than twenty-five certificate members. [Approved April 1, 1878.] Last two sentences of section-added by amdt. 1878. Fire Department and Commissioners-in unincorporated towns and villages, Act providing for, Stats. 1881, p. 25. 3336. Every such fire company must choose or elect a Foreman, who is the presiding officer, and a Secretary and Treasurer, and may establish and adopt by-laws and regulations, and impose penalties, not exceeding five dollars or expulsion for each offense. 3337. The officers and members of unpaid fire companies regularly organized, and exempt firemen, are entitled to the following privileges and exemptions, viz: Exemption from payment of poll tax, road tax, and head tax of every description; exemption from jury duty; exemption from military duty, except in case of war, invasion, or insurrection. [Approved April 1, 1878.] Exemption from taxes-added by amdt. 1878. General basis of section--previously, see Stats. 1853, p. 60; 1854, p. 42; 1861, p. 585; 1862, p. 465; 1864, p. 256. 3338. Every fireman who has served five years in an organized fire company in this State is an "exempt fireman," and must receive from the Chief Engineer of the department to which he belonged a certificate to that effect. Every active fireman must have a certificate of that fact, signed by the Chief of the Fire Departmentor the Foreman of the company to which he belongs; such certificates must be countersigned by the Secretary, and over the seal of the company, if one is provided. Either certificate entitles the holder to exemption from military and jury duty. General basis of section-same as of $ 3337 before amdt. of 1878. False certificate of exemption--issuance is misdemeanor, Penal Code, § 649. 3339. In lieu of issuing certificates to exempt firemen by the Chief of the Fire Department, as provided in the last sec. tion, on the certificate of the Foreman and Secretary of any fire company, or the Chief of the Department, provision being made therefor in the by-laws of the company, "exempt certificates" may be issued by the Clerk of the county, over his official seal and signature, which entitles the holder to like exemption from military and jury duty. Basis of section--Stats. 1862, p. 245. 3340. Every fire department regularly organized may adopt a department seal, having upon it the arms of the State, and the name of the particular fire department to which it belongs, which must be under the control of and for the use of the Secretary, and be by him affixed to exempt certificates, certficates of active membership, and such other documents as the by-laws may provide. The Secretary of every department having a seal must take the constitutional oath of office and give such bond as the by-laws provide for the faithful performance of his duties. Basis of section--and of next, Stats. 1864, p. 256. 3341. The Secretary of the Fire Department, or fire company, must keep a record of all certificates of exemption or active membership, the date thereof, and to whom issued; and when no seal is provided, similar entries of certificates |