MCA Chapter 61

in effect

Miss. Code Ann. § 75-61-1 Jewelry auction sales regulated.

It shall be unlawful for any person, firm or corporation to sell or dispose of, or offer for sale, in the State of Mississippi, at public auction, or to cause or permit to be sold, disposed of or offered for sale in the State of Mississippi, at public auction, any gold, silver or plated ware, precious stones, cut glass, china, watches, clocks or jewelry, whether the same be their own property, or whether in so doing they act as an agent or employee of others; provided, however, that this section shall not apply to sales at public auction of stock on hand for more than ninety (90) days preceding the beginning of said sale, if the person, firm or corporation owning the same shall have been, for a period of one (1) year next preceding said sale, continuously in business in the county wherein such sale is held or to be held, as a retail or wholesale merchant of such goods, wares and merchandise as are being sold or offered for sale at said auction; provided, further, that the stock on hand of said merchant or merchants, whose stocks are to be sold at public auction, shall not be increased, or replenished, in anticipation of such sale, nor within ninety (90) days preceding the beginning of said sale, nor pending said sale; and provided, further, that said auction sale shall be held on successive days, Sunday and legal holidays excepted, but shall not continue for more than thirty (30) days, at any one time; and, provided further, that the same person, firm or corporation shall not hold more than one such auction sale within a period of one (1) year.

Miss. Code Ann. § 75-61-3 Inventory to be furnished chancery clerk.

No person, firm or corporation shall sell, or offer for sale, in any county of this state at auction, a stock of merchandise consisting of gold, silver, or plated ware, precious stones, watches, clocks, cut glass, china, or jewelry, without first having filed with the clerk of the chancery court of the county in which said sale is to be conducted a full and complete inventory of each article or class of articles to be offered at said auction sale, with an affidavit in support thereof, including (1) the description and acquisition cost of each article or class of articles, together with the name of the manufacturer thereof, where ascertainable; (2) the number of articles in each such class; (3) the serial number of each such article, where numbered; and (4) the aggregate acquisition cost of all the stock of such merchandise to be offered at said public auction. There shall be appended to said inventory an affidavit which shall state (1) that the said inventory is true and correct, together with the aggregate acquisition cost thereof; (2) that said articles of merchandise were acquired in the usual course of trade, and not for the purpose of offering the same for sale at said auction; (3) that none of the listed articles of merchandise was acquired within the ninety (90) day period immediately preceding the beginning of said auction sale; and (4) that no additional merchandise as described above will be acquired or offered for sale during the said auction. True copies of said inventory shall be kept posted in a public place on the premises where the said auction sale is being conducted, which shall be corrected at the close of each day’s business so as to accurately show the number of articles remaining to be sold in each such class, together with their aggregate acquisition cost. In case the merchandise to be sold belongs to an individual, the inventory and affidavit shall be made by the owner. In case the merchandise belongs to a firm, the inventory and affidavit shall be made by a member thereof, and in the case of the corporation, the inventory and affidavit shall be made by an officer, or the general manager, or by someone having personal knowledge of the facts. No additions shall thereafter be made to said stock to be offered at said auction sale. The said inventory and affidavit shall be a part of the records of said chancery clerk, and he shall be paid a fee of two and one-half dollars ($2.50) by the person filing said inventory.

Miss. Code Ann. § 75-61-5 Bond to be furnished chancery clerk.

At the time of the filing of the inventory provided for in Section 75-61-3, and before any such auction sale is commenced, the person, firm or corporation conducting said sale shall file with the said inventory, with the chancery clerk of the county where said sale is to be conducted, a bond in the penal sum of two thousand five hundred dollars ($2,500.00), to be approved by said chancery clerk, conditioned for the faithful compliance with the provisions of this article, and for the protection of any purchasers at said sale who may suffer loss because of misrepresentation or breach of warranty. Said bond shall be filed by said chancery clerk with said inventory, and shall be and remain a part of the public records of his office.

Miss. Code Ann. § 75-61-7 Hours of sale limited.

It shall be unlawful for any person, firm or corporation to sell or offer to sell, at auction, any such gold, silver, plated ware, clocks, watches, cut glass, china ware, or jewelry from the 1st day of April to the 30th day of September, both inclusive, between the hours of seven o’clock in the evening and seven o’clock the following morning, and from the 1st day of October to the 31st day of March, both inclusive, between the hours of five o’clock in the evening and eight o’clock the following morning.

Miss. Code Ann. § 75-61-9 Penalty.

Each separate sale of any article of merchandise above described at public auction without first having complied with all the provisions of this article shall constitute a separate violation or offense, and whoever violates any of the provisions of said article shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00) for each such offense.

Miss. Code Ann. § 75-61-11 Warranties; statements or representations made.

Every person, firm or corporation conducting such auctions shall be truthful in marking or describing the quantity, quality, size, grade, or kind, or value, of merchandise being offered at auction, and for the purpose hereof all such statements or representations shall be warranties.

Miss. Code Ann. § 75-61-13 Article not to apply to certain sales.

This article shall not apply to judicial sales, nor to sales by executors or administrators, nor to sales by legally and duly appointed trustees of unredeemed pledges, nor to articles that constitute any part of regular household furnishings.

Miss. Code Ann. § 75-61-101 Definitions.

As used in this article, the term “person” shall also include any company, firm, association or corporation as well as an individual.

Miss. Code Ann. § 75-61-103 Regulation of fabrication or sale.

No person shall fabricate, sell, offer to sell, or have in his possession with intent to sell or offer to sell eyeglasses or sunglasses unless they are fitted with plastic lenses, with laminated lenses, or with glass lenses which are tempered or case hardened. Glass lenses shall have a minimum center thickness of two (2) millimeters, in all cases except those cases where such lenses will not fulfill the visual requirements of the particular patient.

Miss. Code Ann. § 75-61-105 Penalties.

A violation of this article shall constitute a misdemeanor, and a conviction therefor shall result in a fine of not more than one hundred dollars ($100.00) and not less than twenty-five dollars ($25.00) for each separate offense.