Pennsylvania Act 1931-173 — FRAUD AND DECEPTION IN SALES, PREVENTION OF

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.