tised.

4. The auctioneer must insert in some public newspaper c. Sale to an advertisement, giving notice of the sale, and stating- be advera. the pawnbroker's name and place of business; and b. the months in which the pledges were pawned.

5. The advertisement must be inserted on two several days in the same newspaper, and the second advertisement must be inserted at least three clear days before the first day of sale.

tures &c.

to be sold

sales.

6. Pictures, prints, books, bronzes, statues, busts, carvings d. Picin ivory and marble, cameos, intaglios, musical, mathematical and philosophical instruments and china must be at special sold by themselves, and without any other goods being sold at the same sale, four times only in every year, viz., on the first Monday in the months of January, April, July and October, and on the following day and days, if the sale exceeds one day; and at no other time.

broker.

7. Where a pawnbroker bids at a sale (g), the auctioneer e. Biddings may not take the bidding in any other form than that in by pawnwhich he takes the biddings of other persons at the same sale; and the auctioneer, on knocking down an article to a pawnbroker, must forthwith audibly declare the name of the pawnbroker as purchaser.

copy of

8. The auctioneer must within fourteen days after the f. Pawnsale deliver to the pawnbroker a copy of the catalogue, or broker's of so much of it as relates to the particular pawnbroker's catalogue. pledges, filled up with the amounts for which the several pledges, or those of the particular pawnbroker, were sold, and authenticated by the signature of the auctioneer.

If an auctioneer does anything in contravention of those Penalty for

(g) "A pawnbroker may bid for and purchase, at a sale by auction made, or purporting to be made, under this act, a pledge pawned with him;" s. 19; but he may not, under any pretence, purchase, except at public auction, any pledge while in pawn with him; s. 32.

contravention.

The innkeeper's right to sell.

When the sale may be made.

How it is

to be advertised.

S. J. A.

1879.

provisions of the act which relate to auctioneers, or fails to do anything which the act requires him to do, he renders himself liable to a penalty not exceeding £10 (h).

V. Sales under the Innkeepers Act, 1878.

An innkeeper (a) may sell goods (b) left with him, or upon his premises, by public auction, to satisfy a debt for which he has a lien upon the goods, due to him from the person leaving the goods, for board or lodging, or for the keep and expenses of any horse or other animal left with him or standing at livery in a stable or field occupied by him (c).

The sale may not be made until after the goods have been in charge of the innkeeper, or upon his premises, for the space of six weeks (d). It must be advertised, at least a month before it is held, in a London newspaper, and in a country newspaper circulating in the district where the goods, or some of them, were left; and the advertisement must shortly describe the goods to be sold, and give the name of the owner or person who left them, if known (e).

VI. Sales under the Summary Jurisdiction Act, 1879.

The statute 42 & 43 Vict. c. 49 (a), enjoins the observance of the following regulations in the execution of warrants of distress issued by courts of summary jurisdiction:

(h) Ss. 20, 45.

(a) I.e., the landlord, proprietor, keeper or manager of any hotel, inn or licensed public-house.

(b) Chattels, carriages, horses, wares or merchandise.

(c) 41 & 42 Vict. c. 48, s. 1.

(d) Ibid.

(e) Ibid.

(a) The Summary Jurisdiction Act, 1879, s. 43.

1. A warrant must be executed by or under the direction By whom of a constable.

distress warrant

executed.

How and

2. The distress must be sold by public auction, and five to be clear days at the least must intervene between the making of the distress and the sale; unless the person against when sale whom the distress is levied consents otherwise in writing.

3. Subject as above, the distress must be sold within the period fixed by the warrant, or, if the warrant fixes no period, then within fourteen days from the date of the distress being made; unless the sum for which the warrant was issued and also the charges of taking and keeping the distress are sooner paid.

to be

held.

4. Subject to any directions to the contrary given by the Impounding goods warrant, where the distress is levied on household goods, until sale. the goods may not, except with the written consent of the person against whom the distress is levied, be removed from the house until the day of sale, but so much of the goods as, in the opinion of the person executing the warrant, will be sufficient to satisfy the distress must be impounded by affixing to the different articles a conspicuous mark. A person removing marked goods, or defacing or removing the mark, is liable to a fine not exceeding £5.

5. Where a person charged with the execution of a warrant Penalty for wilfully retains from the produce of goods sold to satisfy the overcharge. distress, or otherwise exacts, any other costs and charges than those to which he is for the time being entitled by law (b), or makes any improper charge, he is liable to a fine not exceeding £5.

6. A written account of the costs and charges incurred in Account of

(b) None of the statutes relating to the summary jurisdiction of magistrates appears to contain a scale of charges for executing a warrant of distress. The amounts usually allowed are the same as those authorized by 57 Geo. III. c. 93; see post, p. 365, Form 5.

charges.

Deduction

respect of the execution of a warrant must be sent by the constable charged with the execution of the warrant, as soon as practicable, to the clerk of the court issuing the warrant ; and the person upon whose goods the distress was levied has a right within a month after the levy to inspect the account, without fee or reward, at any reasonable time to be appointed by the court, and to take a copy of it.

7. A constable charged with the execution of a warrant of charges. must cause the distress to be sold; he may deduct out of the amount realized all costs and charges actually incurred

When

distress to

be dis

in effecting the sale; and he must render to the owner the surplus, if any, after retaining the amount of the sum for which the warrant was issued, and the proper costs and charges of the execution of the warrant.

8. Where a person pays or tenders to the constable charged with the execution of a warrant the sum mentioned continued. in the warrant, or produces the receipt for it of the clerk of the court, and also pays the amount of the costs and charges of the distress up to the time of the payment or tender, the constable may no longer execute the warrant.

I,

PART II.

FORMS AND PRECEDENTS.

Dated

I. AUCTIONEER'S LICENCE.

of

,

1.

in the parish of

,

Applicain the county tion for

request a licence to carry on the business of an auctioneer. licence.

I, the undersigned, duly authorized by the commissioners of inland revenue, hereby grant licence to

parish of

in the county of

residing at

in the to exercise the trade

or business of an auctioneer in any part of the United Kingdom from the day of the date hereof until and including the 5th day of July next ensuing, he having paid the sum of £10 for this licence.

Dated this

day of

18.

[Signature]

Collector of Inland Revenue.

N.B. This licence will not authorize the sale of any commodities for the selling of which an excise licence is required, except in the

Licence.