44-1678. Numbering of inventoried articles;
subsequent inventory; intent to defraud
A. No article shall be sold at the auction for which the license was obtained
unless there is securely attached to the article sold a tag, card or label bearing
accurate reference to the written inventory prescribed in section 44-1674, upon which
shall be plainly written or printed a true statement of the kind, quality and weight of
the metal of which the article is made or composed and the percentage or karat or purity
of such metal. If the article is plated or overlaid, then the label shall contain a true
statement of the kind of plate and percentage of purity thereof, and the kind of metal or
material covered. If the article is a precious or semiprecious stone, the statement
shall contain the true name, weight, quality and fineness thereof. If the article is a
watch or clock, the statement shall contain the true name of the manufacturer
thereof. If a second-hand or old movement or substitute part or movement of any watch or
clock is offered for sale in a new case, such fact shall be set forth in the attached
statement, and no such article so sold or offered for sale shall bear any false or
misleading name, description or entry thereon.
B. The tag, card or label shall remain securely attached to any article sold or
offered for sale, and shall be delivered to the purchaser by the person selling the same
as a correct description or representation of the article sold. If there is more than
one of the same kind of article to be sold, then the tag, card or label shall indicate
the chronological number of the respective articles of the same class sold.
C. No article shall be sold at the auction for which the license was obtained
unless it was listed in the inventory accompanying the application, except that such
articles may be sold if listed on a supplementary inventory subsequently approved by a
majority of the board of supervisors of the county in which the auction is held.
D. It shall be presumptive evidence of intent to defraud or to violate the
provisions of this article where goods, wares, merchandise or articles sold or offered
for sale under the provisions of this article fail to agree with the description
contained on the tag, card or label provided for in this section.
|