Auctioneer's charges, including all expenses of sale (c). per cent. £2 10s. per cent. If the above be sold by valuation, £2 10s. per cent. on the first £1,000, and £1 5s. per cent. beyond. Sales by auction of estates, freehold, leasehold, &c. : £5 per cent. on the first £300. £2 10s. per cent. 10s. per cent. If the above be sold by valuation, half the above charges; and if not sold, the expenses to be paid, and fee to the auctioneer to be allowed as agreed with the trustee, or at the discretion of the taxing officer; or if bought in and subsequently sold by private contract by the negotiation of the auctioneer, half the above charges on sales by auction. Farming stock £5 per cent. on the first £100, and £2 10s. on the remainder. When sold by valuation, half the above charges. Costs of surveys, dilapidations and specifications. Expenses to be allowed, such as advertisements and printing, not exceeding £2, or at the discretion of the taxing officer. (c) The allowances to auctioneers as witnesses in bankruptcy cases are: Auctioif resident in the town in which the court is held, £1 1s. (clerks, 10s. 6d.), neers' if resident at a distance from the court, subsistence in these cases included: allowances £1 1s. to £2 2s. (surveyors, £1 18. to £3 38.; clerks, 15s.) Travelling expenses are allowed to auctioneers at the rate of 7d. per mile, to their clerks as witat 5d. per mile, one way, where no railway is available, or as actually nesses, incurred, in the discretion of the taxing master. In a Chancery case, Wickens, V.-C., ruled that the proper allowance for an auctioneer and valuer, as witness, was two guineas a day, one guinea for his maintenance, and another for his loss of time and business, in addition to his first-class railway fare; Wiltshire v. Marshall, W. N. 1866, p. 80. 4. FEES FOR APPRAISEMENTS AND SALES OF GOODS TAKEN IN EXECUTION UNDER COUNTY COURT PROCESS (d). Broker's and appraiser's fees. For the appraisement of goods, whether by one broker or more— sixpence in the pound on the value of the goods appraised, over and above the stamp duty. For the sale of goods, including advertisements, catalogues, sale and commission, and delivery of goods, one shilling in the pound on the net produce of sale. In all plaints for the recovery of debt or damages, all poundage, except where otherwise specified in this schedule, shall be estimated on the amount of the claim. In replevins all poundage, except as aforesaid, shall be estimated on the amount of the alleged rent or damage, to be fixed by the registrar. In plaints for the recovery of tenements, when the term has expired or been determined by notice, all poundage, except as aforesaid, shall be estimated on the amount of the weekly, monthly or yearly rent of the tenement, as such tenement shall have been let by the week or by the month, or for any longer period; and if no rent shall have been reserved, then on the amount of the half-yearly value of the tenement, to be fixed by the registrar. If in any plaint for the recovery of tenements a claim be made for rent or mesne profits, an additional poundage shall be paid on the amount of such claim. In plaints for the recovery of tenements for non-payment of rent all poundage, except as aforesaid, shall be estimated on the amount of the half-yearly rent of the tenement. In every case where the poundage would, but for this rule, be estimated on an amount exceeding £20, it shall be estimated at £20 only. In every case where the poundage cannot be estimated by any rule in this schedule, it shall be estimated on £20. All fractions of a pound, for the purpose of calculating poundage, shall be treated as an entire pound. Where the plaintiff recovers less than the amount of his claim, so as to reduce the scale of costs, he shall pay the difference, unless the reduction shall be caused by a set-off. In cases of interpleader the judge may allow at the hearing the actual costs incurred by the high bailiff in keeping possession of the goods claimed, and no more. No increase of fees shall be made by reason of there being more than one plaintiff or defendant. (d) 19 & 20 Vict. c. 108, Schedule C. See ante, pp. 250—252. 5. COSTS AND CHARGES ON DISTRESSES FOR SMALL RENTS AND Levying distress Man in possession, per day RATES (e). Appraisement, whether by one broker or more, sixpence in the pound on the value of the goods. Stamp, the lawful amount thereof. All expenses of advertisements, if any such. Catalogues, sale and commission, and delivery of goods, one shilling in the pound on the net produce of the sale. Between A. B., Plaintiff, C. D. and E. F., Defendants. I, X. Y., of [place of residence, and description or addition], make oath and say as follows: years last past 1. I have for years last past been engaged in the business of an auctioneer and land and estate agent; and for I have carried on such business at aforesaid; and I have had considerable experience in the mode of lotting and selling land and house property. 2. I know and am well acquainted with the estates situate at in the county of proposed to be sold in this action, and described in the paper writing marked A., now produced and shown to me. day of 3. On the 18 I went over the said estates, and made a careful survey thereof, for the purpose of forming (e) See ante, p. 219. (a) The following eight forms are inserted for the purpose of giving to the auctioneer a more thorough insight into the practice which obtains upon sales by the Court. They are taken from Daniell's Chancery Forms and Precedents, where a complete series of forms for use upon sales by the Court will be found (see 3rd ed. Nos. 1100 et seq.). For forms of advertisement, particulars and conditions of a sale by the Court, see ante, pp. 292, 294, 315. (b) Initial of plaintiff's surname. Affidavit as and place of sale. an opinion as to the best mode of dividing and allotting the said estates for the said sale thereof. 4. The said paper writing marked A. sets forth a true and correct description of the said estates, to the best of my knowledge and belief, and the mode in which, in my judgment and opinion, it will be desirable to lot and divide the same for the purposes of the said sale. 5. In my judgment and belief the said estates will be sold to the most advantage, and will be likely to realize the best prices, if the scheme of division and allotment set forth in the said paper writing marked A. be adopted. in the county of will be a desirable and convenient time and place for the 2. Affidavit proposed 1. I have for [Formal parts as in last form.] years last part known and been well auctioneer, acquainted with L. M., of [residence and addition], auctioneer and land and estate agent; and during all that time the said L. M. has carried on business as an auctioneer and land and estate agent at aforesaid [or as may be]. 2. I have on several occasions employed the said L. M. as an auctioneer and land-valuer, and am also acquainted with several persons who are in the habit of employing him in that capacity, and he has invariably given entire satisfaction to me, and I believe also to such other persons. 3. The said L. M. is a person of respectability and integrity, and of considerable ability as an auctioneer and land and estate agent; and in my judgment he is a fit and proper person to be employed to sell the estates situate at in the county of be sold in this action. proposed to Affidavit as to valua tion and proposed reserved bidding. 3. [Formal parts as in Form 1, supra.] 1. I have carefully examined and surveyed the estates particularly described in the printed particulars of sale marked A., now produced and shown to me, in order to form an opinion as to the value thereof, and the amounts which the said estates ought to realize on the sale thereof advertised to take place on the 18 day of 2. I have, in the paper writing marked B., now produced and shown to me, set forth in the first column the number of the lots into which the said estates have been divided for the purposes of the said sale; and in the second column, opposite the numbers of the said lots respectively, the full values of the said lots respectively; and in the third column, opposite the said numbers respectively, the amounts which, in my judgment and belief, should be fixed as the reserved biddings for the said lots respectively on the said sale (c). 4. Mr. Justice at Chambers. Directions to auctioneer as to sale in [Short title of the action or matter, and reference to the record.] Mr. L. M., the person appointed to sell the estates advertised for several sale in this action [or matter] is requested to attend to the following lots, where directions: R. M., Chief Clerk. The sale is to be conducted in accordance with the accompanying printed particulars and conditions, signed by the Chief Clerk. This print is to be carefully preserved, and returned to the Judge's Chambers with the affidavit of the result of the sale. The sale is to be subject to the reserved bidding specified in the accompanying note. This note is not to be opened till the time of sale. The reserved bids are not to be divulged to any person, either at, or at any time after, the sale. In case there is no bidding for any lot equal to, or higher than, the reserved bid, the person appointed to sell is to declare that such lot is not sold, but has been bought in on account of the persons interested in, or entitled to, the property. The accompanying bidding paper is to be carefully filled up. The highest sum bid, whether the lot is sold or not, is to be inserted in the second column. In the event of no person bidding for any lot, the words "no bidding" are to be written in the second column, opposite the number of such lot. When, although there is a bidding, the lot is not sold, the words "not sold" are to be written in the third column. The purchasers are to sign their names in the third column, and any person who purchases as agent for another must so sign; otherwise he must be treated as the purchaser. The purchaser's address and quality are to be fully stated in the fourth column. there are reserved biddings. |