« EdellinenJatka »
Licenses to agents of Auctioneers;
Agent ceasing to be in Employer's
whenever the License is revoked the License shall cease to have any effect whatsoever. (2 of 1878, s. 11.)
12. An Agent's License may be suspended or revoked for any offence, committed by him, for which any other License under this &c. of Agent's Ordinance may be suspended or revoked, and, in case the License
of the Employer of such Agent should terminate, or be suspended or revoked, the License of any Agent employed by him shall ipso facto terminate, or be suspended during the suspension of the Employer's License, or be revoked as the case may be. (2 of 1878, s. 14.)
11. Any person who may have a License in force in the Form B. of the Second Schedule to this Ordinance may apply for and obtain one or more License or Licenses (hereafter called an Agent's License) and every such License shall authorise the person named therein (such person being in the permanent employment of the person applying for such License under a Contract of not less than three months' duration) to sell by Auction on behalf of such Employer in one District, named on the License.
Such Agent shall not be required to find security, but the Employer nominating him shall be responsible for his compliance with all the provisions of this Ordinance, and for the payment of any pecuniary penalties he may incur by contravention thereof. (2 of 1878, s. 13.)
property offered by
13. If the holder of an Agent's License shall cease to be in the employment of the Auctioneer who applied for the same, he shall forthwith cease to be qualified to act as an Auctioneer under such License.
The Provincial Treasurer may in such last-mentioned case, the request of the person who applied for such License, transfer the same for the unexpired period thereof to some other person in the employment of such applicant under Contract as aforesaid, but no Agent's License shall be transferred more than once in any period of six months. (2 of 1878, s. 15.)
sale of all
14. Every Auctioneer shall, on the requisition of the owner to accept the thereof, accept the sale of all property which may be offered to him for sale at the town in which he carries on his ordinary business as an Auctioneer, and shall sell the same within such time as the owner may require, or as soon thereafter as is possible, having regard to the sale of other property with which he has been entrusted: Provided that he shall not be bound to sell such property sooner than seven days after he shall have accepted the sale thereof.
Nothing herein shall be held to restrict any Auctioneer from Proviso. selling at the same sale the property of more than one owner, so as the goods are lotted consecutively and in such manner that no owner's goods may become mixed with the goods of any other owner. (2 of 1878, s. 16.)
15. No Auctioneer's License shall authorise any person to deal Auctioneer's in or sell (either on account of, or for the benefit of himself or of License not to any other person) any spirits for the sale of which a License is authorise sale of spirits; required by law, except upon premises in respect of which the Exceptions; owner of such spirits shall have taken out, and shall have in force at the time of the sale thereof, the proper License for the sale of such spirits:
Provided that any licensed Auctioneer may sell by Auction, by Proviso where sample only, in any town or place any spirits, if the owner thereof owner shall be duly licensed for the sale of spirits in the same town or place, but no spirits shall be sold at any such sale in any smaller lots or quantities than the whole contents of each cask or other vessel in which the same are actually contained at the time of sale.
Nothing herein shall hinder any licensed Auctioneer from Where selling any spirits which under the provisions of the Spirit License not License Ordinance, or any other law for the time being in force, may be sold without License. (2 of 1878, s. 17.)
16. No sale by Auction of any land shall take place until after Notice of sale at least seven days' public notice thereof made at the principal town of land. of the District in which the land is situated, and also at the place of the intended sale. The notice shall be made not only by printed or written documents, but also by beat of drum or such other method intelligible to uneducated persons as may be fixed by the Rules, or if not so fixed, as the District Commissioner of the District where such sale is to take place may direct, and shall state the name and place of residence of the seller. (2 of 1878, s. 18.)
to be fur
17. Two days before any sale by Auction shall take place, or Notice, Catawithin such shorter time as the District Commissioner of the logue and District where such sale is to take place, may, under special Report of sale circumstances, authorise in his discretion, notice thereof in writing nished to together with a Catalogue of the goods or lands to be sold shall be District Comdelivered to such District Commissioner, specifying the place and missioner; time at which such sale begins, and within sixty hours after such sale shall have terminated a complete account of the sale verified by oath or affirmation of the Auctioneer shall be delivered to the said Commissioner, specifying the price at which each lot shall have been sold. If any Auctioneer shall omit to deliver such Penalty. notice, Catalogue and account as aforesaid, he shall for each offence incur a penalty not exceeding twenty pounds:
Any person who shall wilfully make any false oath or affirmation False stateconcerning any such account or its subject matter, or any part ment, perjury.
published at sale;
18. Every Auctioneer, before beginning any Auction, shall affix or suspend and during the whole time of such Auction keep address to be affixed or suspended in some conspicuous part of the room or place where the Auction is held a ticket or board containing his true. and full name and residence painted, printed, or written in large letters, publicly visible and legible: If any Auctioneer fails to comply with this enactment, he shall forfeit for every such offence the sum of five pounds. (2 of 1878, s. 20.)
Sales without reserve, re
19. It shall be stated in the Particulars or Conditions of Sale by Auction of any land or goods whether such sale will be without served price, reserve, or subject to a reserved price, or whether a right to bid is
Where without reserve;
Where subject to reserved price;
thereof, shall be guilty of perjury, and be liable to be prosecuted and punished accordingly. (2 of 1878, s. 19.)
If it is stated that the sale will be subject to a right for the to bid reserved seller to bid, it shall be lawful for the seller, or for any one person on his behalf, but not more than one, to bid at such Auction in such manner as he shall think proper;
Consequences of seller
If the seller or any person employed by him or in his behalf shall bid at any sale contrary to any of the provisions of this bidding in the section, any purchaser may refuse to fulfil his purchase, but the
highest bona fide bidder shall be entitled, if he shall so elect, to have the land or goods at the price offered by him;
Any Auctioneer who shall knowingly receive any bidding contrary to any of the provisions of this section shall be liable to a fine not exceeding fifty pounds, and to have his License suspended or revoked. (2 of 1878, s. 21.)
Penalty on Auctioneer receiving unlawful
Auctioneer may recover purchase
If it is stated that the sale will be without reserve or to that effect, then it shall not be lawful for the seller or any person in his behalf or employed by him to bid at such sale, or for the Auctioneer to take knowingly any such bidding;
If it is stated that the sale will be subject to a reserved price as regards any one or more lots, it shall be lawful for the seller or any person employed by him to give one bid for each such lot and no more, which bid shall be openly declared at the Auction upon the lot being put up for sale, before any other bidding for such lot is received;
Employment to sell by
20. The Auctioneer making any sale by Auction shall, (unless it be agreed otherwise between him and the seller), be entitled to sue for, recover, and discharge all sums due in respect of such sale;
The Auctioneer shall (unless it be agreed otherwise between him and the seller), be liable for the due payment to the seller of the net proceeds of all sales of property within ten days from the time of sale of such property. (2 of 1878, s. 22.)
21. The employment of an Auctioneer to sell any property by public Auction does not authorise him, in case the public Auction
proves abortive, to sell the property by private contract. (2 of auction does 1878, s. 23.)
not authorise private sale.
22. The remuneration of any Auctioneer for selling any property Remuneration by Auction shall in no case exceed seven pounds per centum on the of auctioneer on sale; gross amount of such sale;
If any property exposed for sale is bought in by or on behalf of Where prothe owner, the remuneration of the Auctioneer shall not exceed perty bought three pounds per centum on the amount at which the same has been so bought in, if the said amount be under one hundred pounds, or two pounds per centum, if above that sum;
No agreement to pay or allow any higher rates than in this Agreements section mentioned shall be binding, and any Auctioneer who shall for higher receive or retain out of the proceeds of any sale any higher rates shall be liable to have his License suspended or revoked. (2 of 1878, s. 24.)
23. All penalties incurred under this Ordinance may be sued Recovery of for and recovered in a Divisional Court, or before a District penalties. Commissioner, for which purpose every District Commissioner shall have jurisdiction to the extent of the said penalties; and where any penalty is imposed, the same, upon non-payment, shall be enforced under the provisions of the Criminal Procedure Ordinance, or any enactment amending or extending the same. (2 of 1878, s. 25.)
24. The Governor may award to the person who shall prosecute Application of to conviction, and any other persons who may have contributed to penalties. the conviction by giving information or otherwise, out of every penalty recovered a sum not exceeding one-half thereof, distributed in such proportions as he may direct, and the balance shall form part of the public Revenue of the Colony: Provided that the Governor may remit the whole or any part of any penalty, notwithstanding the interest of any Informer or other person therein. (2 of 1878, s. 26, and 7 of 1883, ss. 1 and 2, part.)
25. If the Employer of any person holding an Agent's License Penalties is ordered to pay any penalty incurred by such person, and makes incurred by default in doing so, the penalty may be levied by distress, seizure agents; and sale of the moveable and immoveable property of such
Any penalty paid by or recovered from the Employer on behalf Employer's of such person so employed by him, together with all costs remedy. incurred by such Employer in respect of such penalty, shall be a debt due to him from the person so employed by him. (2 of 1878, s. 27.)
Sales by Auction.
revocation of License;
26. The Court imposing any pecuniary penalty under this suspension or Ordinance upon any Auctioneer may, if it shall appear that the offence is of such nature as to require the License of such Auctioneer to be suspended or revoked, make an Order to that effect, and the License shall be suspended or revoked accordingly;
Auctioneers prohibited from preparing conveyances.
Power of making Rules.
The Court making any Order of suspension or revocation of a
27. It shall not be lawful for any Auctioneer or for any person in his employment, or in partnership with him, to draft, prepare, or procure the execution of any Conveyance of Land: If any person contravenes this enactment he shall incur a fine not exceeding one hundred pounds, and if an Auctioneer, his license shall be suspended, or revoked. (2 of 1878, s. 29.)
28. Nothing in this Ordinance shall be construed to alter or derogate from any provision of the Supreme Court Ordinance, or of the Schedules thereto, relating to Sales in execution of Decrees. (2 of 1878, s. 30.)
29. The Governor in Council may make Rules consistent with this Ordinance and subject to the provisions thereof for further or better carrying into effect the purposes of this Ordinance, and may annex a penalty which may extend to twenty-five pounds in respect of the breach of any such Rule, and may alter, amend, or revoke all or any of such Rules. Such Rules shall come into operation upon the publication thereof in the Gazette, or at such time thereafter as shall be therein provided, and shall have the like force and effect for all purposes as if the same had been made by Ordinance, subject to disallowance by His Majesty. (2 of 1878, s. 31, amended.)