authty of the sheriff or undersheriff for the bent of crs. in exon of a judgmt or judgmts had and obtd according to the certificate hrunto annexed. And I do further declare, that each and every estate, and all the goods and effects put up to sale by way of auction, and in any of the said papers specified or purported to have been bought in or purchased by the owner, was and were actually bought in by the real (a) owner or owners (b) thereof, who then and there became the purchaser or purchasers thereof by means of his own bidding (or "purchased for the owner, was or were actually bought in for the real owner, &c., who then and there became the purchaser &c. thereof by means of the bidding of a person (c) on the behalf and for the use of such last-mentioned owner or owners; and that in each such case of purchase for the real owner, notice in writing, signed both by the said owner or owners, and the person intended to be the bidder [and who by auction whilst the same continued on the land producing the same, and by and for the benefit of the owner or owners of such lands, or by their stewards or agents." Where the goods are imported, say, "Purported to have been sold for the importers, were actually the growth and produce of the British Colonies in America, (or East India goods &c.' as the case may require,) imported in the British ships or vessels therein respectively set forth (or from thence,' or 'from foreign parts,' as the case may require), and sold at the first sale, within twelve months next after importation; and for the account of the original importers by whom the said goods were duly entered at the custom house at the port of importation; and that neither the whole nor any part thereof had been previously sold or parted with by them; and that the certificate relating thereunto and hereunto annexed, is true according to the best of my knowledge and belief." So any other exemption may be set forth, see Bateman, 165 et seq.; Dig. p. ii. tit. AUCTIONS. (a) This part of the declaration, when required to be made, must be made by the auctioneer himself, and cannot be made by his clerk, Bateman, L. A. 91, n. (i). (b) Trustees for the benefit of creditors, if in actual possession (but not otherwise), are considered as owners, so also assignees and mortgagees with power of sale, but not pawnbrokers; see Bateman, 89, n. (b). (c) If the bidding be by a steward or agent, say, "Bidding of the steward or known agent of such owner or &c. and actually employed in the management of the sale of the estate, goods or effects so bought in as aforesaid, and that notice in writing, signed by such steward &c. of his the said steward &c. being about to bid for such owner &c. was in every such case as last aforesaid given to me before such bidding, and that every such notice as last aforesaid is hereunto annexed." No. CCX. Declaration. No. CCX. Declaration. afterwards bid for the same as aforesaid], of the latter being appointed by the former, and having agreed accordingly to bid. at such sale for the use and behoof of the seller, was given to me before such last-mentioned bidding; and that every such notice is hereunto annexed.) (a) And lastly, I do declare that, to the best of my knowledge and belief, each of the said transactions was and is fair and real, and without fraud or collusion, and that each and every of the foregoing declarations is true. As witness my hand this day of 18. Made and subscribed in the presence of S (Auctioneer or Clerk.) No. CCXI. Notice, (appointing a Bidder.) No. CCXI. Notice of appointing a Person to bid for the Owner and his Obs. By the 19 G. 3, c. 56, s. 12, the commissioners of excise are authorized to make an allowance of the duty when the property is bought in by or for the owner, provided the proper notices (b) are given. See Bateman, L. A. 89 et seq., also Dig. p. ii. tit. AUCTIONS. Take notice, that (intended bidder) is appointed by (owner) the real owner of the estate, goods, or effects intended to be by you put up to sale by way of auction, on the day of to bid at the sale for the use and behoof of the sd (O.) "And I do further declare that no sale (or if there were a sale opened, but nothing sold, "the sale") has been or was opened or begun under the notice delivered at the Office of Excise at in pursuance of the statute in that case provided, specifying that sale by auction was to begin at the following time and place (or “but that no article, lot, parcel, or thing, was then and there bid for or sold.") (6) No previous notice need be given if the bidding is made by the owner in person, Bateman, ub. sup. No. CCXII. Notice that a Steward or Agent intends to bid for the Owner. Take notice, that (steward) the steward or known agent of (owner) of &c. owner of the estate &c. intended &c. (see above) [the sd (S.) being actually employed in the management of the sale of such este &c.] is about to bid at the sd sale for the sd (0.) As witness the hand (a) of the sd (S.) the day of No. CCXII. Notice of appointing by a Steward or Agent a Person to bid for the Owner. Take notice, that (intended bidder) is appointed by (S.) the steward or known agent of (owner) the owner of the estate &c. intended &c. (see No. CCXI.) [the sd (S.) being actually employed in the management of the sale of such este &c.] to bid at the sd sale for the use and behoof of the sd (O.) And take notice also, that the sd (I. B.) hath agrd and doth intend accdgly to bid at the sd sale for the use &c. of the sd (0.) As witness the hands of the sd (S.) and (I. B.) the day of Witness A. B. (steward.) No. CCXIII. Notice, Take notice (b) that a sale by auction by me, the undersigned (a) In this case it is sufficient if the notice is signed by the steward or agent only; but see the form following. (6) Where nothing else is to be added, it is in practice deemed sufficient to send a copy of the catalogue or particulars, with the words "Notice of Sale for the Excise," so as the name and residence of the auctioneer be given at full length; see Bateman, L. A. 14, 125. No. CCXIV. Of Sale. No. CCXIV. (auctioneer) auctioneer, is to begin at day of on the If it is intended to settle in another collection add, And take notice also, that I intend to settle for the sd sale with the collector of excise at Description of SECT. 1. Particulars of sale are a description of the things to be sold, property. which may be merely a verbal statement or in writing, or there may be a plan annexed by way of explanation. It is commonly the business of the auctioneer to draw up such particulars, but considering the importance of accuracy in a document of this kind, it seems advisable, where the property is of magnitude, and the title not perfectly clear, that the matter should not be left exclusively in his hands. Description must be accurate. 2. A vendor must not only be careful to guard against misdescription, but his description must be accurate; for " if a person, however unconversant in the actual situation of his estate, will give a description, he must be bound by that, whether conusant of it or not;" per Lord Thurlow, C. Calverley v. Williams, 1 Ves. jun.; and verbal declarations by the auctioneer, by way of explanation at the time of the sale, will not be admitted, Gunnis v. Erhart, 1 H. Bl. 289; Bradshaw v. Bennett, 5 C. & P. 48; and this rule prevails in equity as at law, Jenkinson v. Pepys, cited 6 Ves. 330; and extends to the seller as well as to the purchaser, Higginson v. Clowes, 15 Ves. 515. So where the particulars of sale described the estate as held for three lives, and one dropped before the sale, and the auctioneer stated the fact, held that evidence of his statement could not be received, and that the auctioneer ought to have altered the particulars, Particulars of Bradshaw v. Bennett, ub. sup. Sale. must be clear. 3. Particulars and plans should be so framed as to convey clear Description information to the ordinary class of persons, who frequent sales by auction; therefore, where the particulars stated that a lot was to be subject to the same rights of way over the same as were then enjoyed under the existing leases of certain houses, and a plan which was referred to disclosed one way but not another over the lot, which was also then existing,-held, that the contract was not binding on the purchaser, Dykes v. Blake, 4 Bing. N. C. 463; 6 Scott, 320; S. C. 1 Arn. 209; and the reading of a lease at the time of the sale will not excuse any misdescription, Jones v. Edney, 3 Campb. 284. So where an original lease contained a power of re-entry if certain trades were carried on, and the lessee granted underleases which contained no such stipulation, and upon a sale by an assignee of the lessee it was stated that the covenant in the original lease would be inserted in underleases to be granted to the purchasers, but did not state whether the covenant was inserted in the underleases already granted,-held, that the purchaser might recover his deposit on account of such omission, as none but a very careful person would have suspected that in underleases already granted that covenant had not been inserted, Waring v. Hoggart, 1 Ry. & Mood. 39. So in equity specific performance will not be decreed against a purchaser at an auction where the particulars of sale were so vague and indefinite that a purchaser could not know what he was contracting for, and might be easily misled, Steward v. Alliston, 1 Mer. 26; Trower V. Newcome, 3 Mer. 704. 4. A particular writing for the purchase of an estate, is not a Construction of the particulars. writing within the Statute of Frauds, and therefore unless the party purchased by it, or it was shewn him at the time of the purchase, held that he could not compel a specific performance if it contained more than the words of the conveyance would in strictness carry, Cass v. Waterhouse, Prec. Chanc. 29. A trifling variation in the description of an estate sold by auction, Trifling variais not material if the transaction be fair, Calcraft v. Roebuck, 1 Ves. rial. jun. 221; and a purchaser will not be intitled to claim a part of an estate which, though answering to the general description in the advertisement, was not included in a more particular description, Calverley v. Williams, 1 Ves. jun. 210. words, As a rule, the words usually employed in describing the quantity Particular "containing by estimation acres, more or less," import that the precise quantity is not warranted; and where there is considerably |