Sec[Section] 1 Be it enacted by the people of the state of Illinois represented [in] the General Assembly, That no merchant, Auctioneer [pedlar][,] or other person or persons[,] company[,] or corporation shall hereafter be permitted to vend[,] sell[,] or retail either at public Auction or private sale any goods[,] wares[,] or merchandize without having obtained a license for that purpose from t[he] county Commissioners Court of [the] proper county in which such goods[,] wares[,] or merchandize may be offered for sale for which he or they [at the] granting thereof shall pay into the County Treasury for the use of such county such sum as may be assessed by said court not less than five ^(19-)^ nor more than fifty dollars which license when procured shall authorise the person or persons to whom the same may be granted to vend, sell[,] and retale goods in such county for the term of one year from the time of granting the same, or if a Merchant until the state and county tax shall be assessed by the proper authority of the state according to the provisions of an act entitled an act concerning the public revenue approved February 26 1839

Sec 2 If the county commissioners Court should not be in session when application is made for license as aforesaid it shall be lawful for the Clerk of said court to grant a written permission to such applicant or applicants to vend[,] sell[,] or retail goods[,] wares[,] and merchandize [as] aforesaid until the end of the next term of said court or the period mentioned in the 1^st section of this act if the said court shall at the next term after the grantin[g] of such permit upon exam[in]ation approve the same, Provided such applicant or applicants shall pay into the County treasury for the use aforesaid such sum as said Clerk in his discretion may direct according to the provisions of this act

Sec 3 When a permission shall be granted by the Clerk in vacation as aforesaid, it shall be the duty of the County commissioners Court at their next term there after to examine such [ permit and] proceed forth ^7 ^th ^ with to assess the amount of the tax to be paid in such case as [in] the case of original applications

Sec 4. If any person or persons[,] company[,] or corporation shall directly Keep a store, or sell, vend[,] or retail any goods[,] [wares][,] or merchandise (Except regular Merchants who pay a tax to the county and state upon their goods according to the provisions of An Act, Entitled “An Act concerning the public revenue[”] approved February 26, 1839 without being duly authorised by license or permit as aforesaid, such person or persons, company[,] or corporation so offending shall forfeit and pay any [sum] not exceeding One hundred and ^nor^ less than ten dollars to be recovered by action of debt in the name of the people of the state of [Illinois] for the use of the proper county before any court of record having jurisdiction of the same or before any Justice of the peace or probate Justice of the peace who are hereby vested with jurisdiction in all cases under the provisions of this act, subject to appeal to the ^5^th ^ Circuit court as in other cases; And it shall be the duty of the County Commissioners, Sherriffs, Coroners, Justices of the Peace and Constables, Clerks of courts,

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and lawful for any person or persons to cause such offenders to be sued, and the suit or suits, prosecuted to effect, and bail may be required in such Cases without affidavit if the court or Justice in their discretion shall deem the same necessary to secure the county in the [?] payment of any such penalty

Sec 5. This act shall not be construed to extend to the sale of goods[,] wares[,] and merchandize by persons who are not Merchants, Auctioneers, Grocers, Grocery Keepers or Pedlars, or to Merchants who pay an annual tax upon merchandize assessed according to the present revenue law as before mentioned