act-1931-0-173•Pennsylvania Act 1931-173 — FRAUD AND DECEPTION IN SALES, PREVENTION OF
Pennsylvania Act 1931-173 — FRAUD AND DECEPTION IN SALES, PREVENTION OF
act-1931-0-1731931 Pa. Act 173Law
Act text
FRAUD AND DECEPTION IN SALES, PREVENTION OF
Act of Jun. 12, 1931, P.L. 533, No. 173 Cl. 12
AN ACT
To prevent fraud and deception in sales, by auction, advertised,
represented, or held out to be an insurance, bankrupt,
mortgage, insolvent, assignee's, executor's, administrator's,
receiver's, trustee's, removal, or closing out or quitting
business sale, or sale of goods, wares and merchandise
damaged by fire, smoke, water, or otherwise; conferring
powers on officers of cities, boroughs, towns and townships,
or their representatives, to investigate sales and to order
unlawful sales discontinued; and providing penalties.
Section 1. Be it enacted, &c., That it shall be unlawful,
whenever a sale at public auction shall be advertised,
represented, or held out to be an insurance, bankrupt, mortgage,
insolvent, assignee's, executor's, administrator's, receiver's,
trustee's, removal, or closing out or quitting business sale, or
sale of goods, wares and merchandise damaged by fire, smoke,
water, or otherwise, for any person, firm or corporation, or
his, her or its employes and agents, to sell any goods, wares
and merchandise whatsoever at said sale which are not in truth
or in fact the goods, wares and merchandise as advertised,
represented, or held out to be.
Any person, or any member of any firm, or any officer of any
corporation, wilfully violating or responsible for the violation
of any of the provisions of this section shall be guilty of a
misdemeanor, and, upon conviction thereof, shall be sentenced to
pay a fine not exceeding five hundred dollars ($500.00), or to
suffer imprisonment not exceeding ninety (90) days or by both
such fine and imprisonment, in the discretion of the court.
Section 2. The mayor of any city, or the burgess of any
borough or town, or the township commissioners of any township
of the first class, or the township supervisors of any township
of the second class, shall, upon the complaint of any resident
of said city, borough, town or township, within twenty-four
hours of such complaint, personally or through some one by him
or them appointed, require the person, firm or corporation,
conducting any such sale, to furnish a written statement of the
goods, wares and merchandise to be sold, the time when, and the
source from which the goods, wares and merchandise were secured,
together with the names and addresses of the last previous
owners thereof, and when and how said goods, wares and
merchandise were damaged by fire, smoke, water, or otherwise,
and the facts relating to any removal, closing out or quitting
business sale, which statement shall be signed and sworn to by
such person, or by a member of the firm, or an officer of the
corporation, conducting such sale. Such statement shall be
furnished to the person requiring the same within a reasonable
time, to be fixed by such person. It shall be unlawful for any
person, firm or corporation, and constitute a violation of this
act, to fail, neglect or refuse to furnish the statement so and
as required or within the time specified. Upon the receipt of
such statement, the said mayor, burgess, township commissioners
or township supervisors, or person by him or them appointed,
shall cause said sale and the source of the goods, wares and
merchandise to be investigated, and if it appears that any
goods, wares and merchandise are being sold contrary to section
one of this act, then such mayor, burgess, township
commissioners, and township supervisors shall by an order, in
writing, served on such person, or a member of such firm, or an
officer of such corporation, or on any of his or their employes,
order said sale to be immediately discontinued.
Any person, firm or corporation who or which shall fail,
neglect or refuse to furnish the statement required by this
section or to furnish the same within the time specified by the
person requiring such statement, or who or which shall continue
to conduct any such sale after notice to discontinue the same as
provided for in this section, shall be guilty of a misdemeanor,
and, upon conviction thereof, shall be sentenced to pay a fine
not exceeding five hundred dollars ($500.00), or such person, or
the members of any firm, or the officers of any corporation,
responsible for such violation, may be sentenced to suffer
imprisonment for a term not exceeding ninety (90) days, or by
both such fine and imprisonment, in the discretion of the court.
Each day such sale is conducted after notice to discontinue the
same shall constitute a separate offense.
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