the United to be taken out by Auctioneers throughout the United Kingdom, the throughout following annual sum or Duty of Excise; (that is to say) for and upon Kingdom. every License to be taken out by every person exercising or carrying on the trade or business of an Auctioneer in any part of the United 5 Kingdom, the sum of Ten Pounds. 3. be under the management of the Com- missioners of And be it Enacted, That the said Duty hereby imposed shall be New Duty to under the management of the Commissioners of Excise, and shall be collected, paid and accounted for in the same manner as other the Duties of Excise, and shall be charged, raised, levied, sued for and 10 paid under the provisions of this Act, and the general or special provisions, clauses, enactments, regulations, pains, penalties and forfeitures contained in any Act or Acts relating to the collection and management of the Revenue of Excise; and all penalties by this Act imposed shall be prosecuted, recovered and applied as any other 15 penalties under the laws of Excise. 25 And be it Enacted, That every person who exercises or carries on the trade or business of an Auctioneer, or who acts in such capacity at any sale or roup, and every person who sells or offers for sale any goods or chattels, lands, tenements or hereditaments, or any interest 20 therein, at any sale or roup where any person or persons become the purchaser of the same by competition, and being the highest bidder, either by being the single bidder or increasing upon the biddings made by others, or decreasing on sums named by the Auctioneer or person acting as Auctioneer or other person at such sale, or by any other mode of sale by competition, shall (except as hereinafter in this Act mentioned) be deemed to carry on the trade or business of an Auctioneer, and shall be required to take out such License as by this Act directed; and every such License shall be renewed annually Ten Days at least before the expiration thereof, on the Fifth day of July in each and every year; and every Auctioneer having had such a 30 License who continues to carry on the trade or business of an Auctioneer in the year next ensuing the expiration thereof, and omits to renew the same as aforesaid, and every person who carries on the trade or business of an Auctioneer as aforesaid without taking out such License as by this Act directed, shall (except as hereinafter in this Act mentioned) forfeit One hundred Pounds: Provided always, That Auctioneers who have Licenses in force at the passing of this Act, and which Licenses do not expire until the Fifth day of July now next ensuing, shall not be required to take out the License by this Act directed for the purpose of carrying on the business of an Auctioneer until Ten Days before the expiration of their current Licenses, but that every such Auctioneer may, at any time within the last quarter of the current year to expire on the said Fifth day of July, take out the License by this Act directed, on payment of a Fourth part of the duty 35 40 Acts of 5. Auction License not c. 75. imposed on such last-mentioned License; but that on every such License taken out after the said Fifth day of July, at whatever period of the year, the full Duty of Excise by this Act imposed shall be paid, any other Act or Acts to the contrary thereof notwithstanding. 5 10 15 And be it Enacted, That it shall not be necessary for any person selling any goods or chattels by Auction in any of the cases hereinafter mentioned to take out the License by this Act required: Any person selling any goods or chattels by Auction under a distress for non-payment of rent or tithes to less amount than Twenty Pounds, or under 6 Geo. 4, c. 48. authority of a certain Act passed in the sixth year of the reign of his said late Majesty King GEORGE the Fourth, intituled, “An Act to alter and amend an Act passed in the Thirty-ninth and Fortieth Years of King GEORGE the Third, for the Recovery of Small Debts in Scotland," 6 & 7 Will. 4, or under authority of an Act passed in the sixth and seventh years of the reign of his late Majesty King WILLIAM the Fourth, intituled, "An Act to extend the Jurisdiction and regulate the Proceedings of the Civil Bill Courts in Ireland," and an Act passed in the seventh year of the 7 Will. 4, and reign of his said late Majesty King WILLIAM the Fourth, and the first year of the reign of Her present Majesty, intituled, " An Act to amend the Laws for the Recovery of Small Debts by Civil Bill in Ireland," or 20 7 Will. 4, and under authority of an Act passed in the seventh year of the reign of his said Majesty King WILLIAM the Fourth, and the first year of the reign of Her said Majesty, intituled, " An Act for the more effectual Recovery of Small Debts in the Sheriffs' Courts, and for regulating the Establishment of Circuit Courts for the Trial of Small Debt Causes by the Sheriffs 25 in Scotland," or under authority of any other Act or Acts of Parliament now in force in which the like exemption is given to the proper officer of Court executing the process of such Court, to sell the effects seized by him by Auction, without taking out or having any License as an Auctioneer, provided the sum for which such process is enforced is 30 under Twenty Pounds. 1 Vict. c. 43. 1 Vict. c. 41. 6. 6 Geo. 4, And be it Enacted, That so much of the said recited Act of the sixth year of the reign of his said late Majesty King GEORGE the Fourth as enacts, "that every person exercising or carrying on the trade or business of an Auctioneer, or selling any goods or chattels, 35 lands, tenements or hereditaments by Auction, shall, over and above any License to him or her granted as an Auctioneer, take out such License as is required by law, to deal in or retail, or to vend, trade in or sell any goods or commodities, for the dealing in or retailing, or vending, trading in or selling of which an Excise License is specially 40 required, before he or she shall be permitted or authorized to sell such goods or commodities by Auction; and if any such person shall sell any such goods or commodities as aforesaid by Auction, without having taken out such License as aforesaid for that purpose, he or she shall be subject subject and liable to the penalty in that behalf imposed upon persons dealing in or retailing, vending, trading or selling any such goods or commodities without License, notwithstanding any License to him or her before granted as aforesaid, for the purpose of exercising or carry5 ing on the trade or business of an Auctioneer, or selling any goods or chattels, lands, tenements or hereditaments by Auction, any thing herein contained to the contrary notwithstanding," together with the proviso thereto attached, and so much of any other Act or Acts of Parliament by which it is required that a separate and distinct License shall be 10 taken out by any Auctioneer selling by Auction gold or silver plate or patent medicines, or any other articles, are hereby repealed; and any Auctioneer having at the time in force a License on which the Duty under the provisions of this Act has been paid, may sell by Auction any such property, goods or commodities without taking out any other 15 License in such respect, any other Act or Acts to the contrary thereof notwithstanding. And be it Enacted, That every Auctioneer, before beginning any Auction, shall affix or suspend, or cause to be affixed or suspended, a ticket or board, containing his true and full christian and surname 20 and residence, painted or written in large letters, publicly visible and legible in some conspicuous part of the room or place where the Auction is held, so that all persons may easily read the same, and shall also keep such ticket or board so affixed or suspended during the whole time of such Auction being held; and if any Auctioneer begins 25 any Auction, or acts as Auctioneer at any Auction, in any room or place where his name and residence is not so painted or written on a ticket or board so affixed or suspended, and kept affixed or suspended as aforesaid, he shall forfeit for every such offence the sum of One hundred Pounds. 30 35 40 And be it Enacted, That if any person acting as an Auctioneer, and by this Act required to take out a License as a person exercising or carrying on the trade or business of an Auctioneer, does not at the time of any such sale by Auction, on demand of any Officer of Excise or Customs, or any Officer of Stamps and Taxes, produce and show to such Officer a proper License to him granted under this Act, and then in force, or does not immediately deposit with such Officer the sum of Ten Pounds, every such person may be arrested and detained by any Officer of the Peace who, at the request of any such Officer as aforesaid, shall at the termination of such sale, or sooner if convenient, arrest and convey such before some one of Her Majesty's Justices of person the Peace of the county or place where such sale has been held, and such Justice shall examine into the fact or facts charged, and upon proof, either by confession of the party offending or by the oath of One or more credible witness or witnesses (which oath the said Justice is 9. Act may be altered this Session. hereby empowered to administer), that the person so brought before And be it Enacted, That this Act may be amended or repealed by 199. Under 1 oz. AN ACT to stay Execution of Judgment for Misdemeanors upon giving Bail in Error. 5 10 HEREAS it is expedient to make provision for staying the Execution of Judgment upon Prosecution for Misdemeanor while a Writ of Error is depending to reverse such Judgment; BE it therefore Enacted, by The QUEEN's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, THAT in every case of judgment given after the passing of this Act for a misdemeanor, where the defendant or defendants shall have obtained a Writ of Error to reverse such judgment, execution thereupon shall be stayed until such Writ of Error shall be finally determined; and in case the defendant or defendants shall be imprisoned under such execution, or any fine shall have been levied, either in whole or in part, in pursuance of such judgment, the said defendant or defendants shall be entitled to be 15 discharged from imprisonment, and to receive back any money levied on account of such fine from the person or persons in whose possession the same shall be, until such final determination as aforesaid : Provided always, That no execution upon any such judgment shall be stayed unless and until the defendant or defendants shall become bound by recognizance, to be acknowledged before One of the Judges of Her Majesty's Court of Queen's Bench, or One of the Commissioners appointed to take special bail in actions depending in the Superior Courts, with Two sufficient sureties, to be approved of by such Judge or Commissioner, in such sum as such Judge or Commissioner shall direct, to prosecute the Writ of Error with effect, and 20 |