prosecuted, recovered and applied as any other penalties under the laws of excise. Licences to 4. That every person who exercises or carries on the trade or busibe taken ness of an auctioneer or who acts in such capacity at any sale or roup, out, and to and every person who sells or offers for sale any goods or chattels, be renewed lands, tenements or hereditaments, or any interest therein, at any annually. sale or roup where any person or persons become the purchaser of Auction licence not necessary in certain cases. 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 licence as by this act directed; and every such licence 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 licence 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 licence as by this act directed, shall (except as hereinafter in this act mentioned) forfeit one hundred pounds: Provided always [that auc tioneers who have licences in force at the passing of this act, and which licences do not expire until the fifth day of July now next ensuing, shall not be required to take out the licence by this act directed for the purpose of carrying on the business of an auctioneer, until ten days before the expiration of their current licences, 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 licence by this act directed, on payment of a fourth part of the duty imposed on such last-mentioned licence; but (b)] that on every such licence 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. 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 licence 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 authority of 6 Geo. IV. c. 48; 6 & 7 Will. IV. c. 75 (c); 7 Will. IV. & 1 Vict. c. 43 (c); 7 Will. IV. & 1 Vict. c. 41, or under authority of any other act or acts of Parliament now in force in which the like exemption as by the act specified 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 licence as an auctioneer, provided the sum for which such process is enforced is under twenty pounds (c). (b) The words in brackets are repealed: Statute Law Revision Act, 1975. (c) See note (2), p. 11, ante. 6(d). That so much of the said recited act of 6 Geo. IV. c. 81, 6 Geo. 4, as enacts that every person exercising or carrying on the trade or c. 81, s. 8, business of an auctioneer, or selling any goods or chattels, lands, repealed, tenements or hereditaments by auction shall, over and above any and one licence to him or her granted as an auctioneer, take out such licence excise as is required by law to deal in or retail, or to vend, trade in or sell licence any goods or commodities for the dealing in or retailing or vending, to be suftrading in or selling of which an excise licence is specially required, ficient. 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 licence as aforesaid for that purpose, he or she shall be 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 licence, notwithstanding any licence to him or her before granted as aforesaid for the purpose of exercising or carrying on the trade or business of an auctioneer, or selling any goods or chattels, lands, tenements or hereditaments by auction, anything 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 licence shall be 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 licence 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 licence in such respect, any other act or acts to the contrary thereof notwithstanding. 7. That every auctioneer, before beginning any auction, shall Auctioneer, affix or suspend, or cause to be affixed or suspended, a ticket or board before he containing his true and full christian and surname and residence, shall compainted, printed or written in large letters, publicly visible and mence any legible, in some conspicuous part of the room or place where the sale, shall auction is held, so that all persons may easily read the same, and suspend or shall also keep such ticket or board so affixed or suspended during affix a the whole time of such auction being held; and if any auctioneer ticket or begins any auction, or acts as auctioneer at any auction, in any room board conor place where his name and residence is not so painted or written on taining his a ticket or board so affixed or suspended, and kept affixed or sus- full Chrispended as aforesaid, he shall forfeit for every such offence the sum of tian name twenty pounds. and sur8. That, if any person acting as an auctioneer, and by this act name and required to take out a licence as a person exercising or carrying on place of the trade or business of an auctioneer, does not at the time of any residence. 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 licence to him granted under this act, and then in force, or (d) This section is repealed, so far as it relates to the repeal of part of 6 Geo. IV. c. 81: Stat. Law Rev. Act, 1875. Licence to be pro duced on demand, or a deposit month's imprison ment. does not immediately deposit with such officer the sum of ten pounds, every such person may be arrested and detained by any of ten officer of the peace, as hereinafter mentioned; and every officer of the pounds peace shall, at the request of any such officer as first aforesaid, at made, on the termination of such sale, or sooner, if convenient, arrest and pain of one convey such person before some one of Her Majesty's justices of 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 hereby empowered to administer), that the person so brought before him did act as an auctioneer as aforesaid, and did not produce such licence, or deposit such sum of money as aforesaid, shall, by warrant under his hand, commit such offender to the common gaol or house of correction for the county or place where the said sale has been held, for any time not exceeding one calendar month from the day of such commitment; and no such imprisonment, nor the deposit of such sum of money as aforesaid, shall in any manner prejudice or affect any proceedings afterwards instituted for recovery of the penalty incurred by such person for acting as an auctioneer at such sale as aforesaid without the licence by this act directed; but if any person having so deposited such sum of money as aforesaid, at any time before the expiration of one week from the date of such sale as aforesaid, produces to the officer with whom he deposited the same a proper licence to him granted and in force as an auctioneer before and at such sale, every such officer shall immediately thereupon repay to such person the full sum so deposited with him; if otherwise, every such officer shall, at the expiration of the said week, account for all such money to the commissioners of excise, or such person as they may appoint to receive the same. Persons 46 GEO. III. c. 43. An act for granting to His Majesty certain stamp duties on apnaisements (e) and on licences to appraisers (ƒ) in Great Britain. [5 May, 1806.] 4. That every person who shall value or appraise any estate or appraising property, real or personal, or any interest, in possession or reversion, property remainder or contingency, in any estate or property, real or personal, for hire to or any goods, merchandise or effects, of whatsoever kind or debe deemed scription the same may be, for or in expectation of any hire, gain, fee appraisers. or reward or valuable consideration to be therefor paid him shall be deemed and taken to be an appraiser within the provisions of this act to all intents and purposes. (e) See now, post, pp. 406, 423. The duty on the licence is now an excise duty: 27 & 28 Vict. c. 56, [5. Appraisers shall take out annual licences from 5th July, to be granted by commissioners of stamps &c.] 6. That from and after the 5th day of July, 1806, no person shall Penalty on appraise or value any estate, or property or effects, real or personal, unlicensed or any interest, in possession or reversion, remainder or expectancy, persons in any estate or property, real or personal, for or in expectation of appraising, hire or reward, without being so licensed as aforesaid, on pain of £50. forfeiting for every such offence the sum of fifty pounds. 7. Provided always that all persons who shall be duly licensed Auctionaccording to law to act as auctioneers shall and may act as appraisers, eers duly without taking out any other licence in pursuance of this act, anything in this act contained to the contrary notwithstanding. 8 & 9 VICT. c. 76. An act to increase the stamp (g) duty payable on licences to ap- licensed may act as appraisers, without licence. 1. That from and after the passing of this act the said duty now Stamp payable in Great Britain and Ireland respectively under or by virtue duty on of the said several recited acts, or any of them, for or in respect of a appraisers' licence to use and exercise the calling or occupation of an appraiser licences shall cease and determine, and the same is hereby repealed; and that repealed in lieu thereof there be granted, raised, levied, collected and paid in and an Great Britain and Ireland respectively unto and for the use of Her increased Majesty, her heirs and successors, the duty of £2 for and in respect duty of a licence to use and exercise the calling or occupation of an thereon appraiser, to be taken out yearly by every person (except a licensed granted auctioneer (h)), who shall exercise the said calling or occupation of in lieu an appraiser, or who, for or in expectation of any gain, fee or reward, shall make any appraisement or valuation chargeable by law with any stamp duty. 24 & 25 VICT. c. 21. An act for granting to Her Majesty certain duties of excise and stamps. [28th June, 1861.] 9. Persons going from town to town, or to other men's houses, Persons carrying to sell, or exposing to sale, any goods, wares or merchandise, seeking or carrying and exposing samples or patterns of any goods, wares or orders for merchandise to be afterwards delivered, shall be deemed to be and goods at shall be trading persons within the meaning of this act and of the other men's acts now in force relating to hawkers, pedlars and petty chapmen, houses and shall be subject and liable to all the duties, provisions, regula- shall be tions, pains and penalties in and by the said acts imposed or deemed See preceding note. or house agent": 24 & 25 Vict. c. 21, s. 11. hawkers. Who shall as such. contained, as if the same were herein repeated and re-enacted with reference to the persons and matters and things aforesaid.-Provided that nothing herein contained shall extend to subject commercial travellers or other persons to the duties and provisions of the said acts by reason merely of their selling or seeking orders for goods, wares or merchandise to or from persons who are dealers therein, and who buy to sell again, nor to persons licensed by the excise to deal in spirits, wine or beer, or to the agents of such last-mentioned persons, nor to persons who are the real workers or makers of any goods or wares, or the servants of such persons, seeking orders for any of such goods or wares. 10. Every person who, as an agent for any other person, shall, for be deemed or in expectation of fee, gain or reward of any kind, advertise for house sale or for letting any furnished house, or part of any furnished house, agents and or who shall by any public notice or advertisement, or by any inscriprequired to tion in or upon any house, shop or place used or occupied by him, or be licensed by any other ways or means, hold himself out to the public as an agent for selling or letting furnished houses, and who shall let or sell, or agree to let or sell, or make or offer, or receive any proposal or in any way negotiate for, the selling or letting of, any furnished house, or part of any furnished house, shall be deemed to be a person using and exercising the business, occupation and calling of a house agent within the meaning of this act and the schedule (B) hereto, and shall be licensed accordingly. Provided that no person shall be deemed to be such house agent by reason of his letting, or agreeing or offering, to let, or in any way negotiating for the letting of, any house not exceeding the annual rent or value of £25. Provided also that any story or flat rated and let as a separate tenement shall be considered to be a house for the purpose of this enactment. Excepions. 13. Provided always that this act shall not extend to require any agent employed in the management of landed estates, or any attorney, solicitor, proctor, writer to the signet, agent or procurator admitted in any court of law, or any conveyancer who shall as such have taken out his annual certificate, or any auctioneer or appraiser having in force a licence as such, to take out a licence under this act as a house agent. Exemption from licence duty of persons dealing in wine and 23 & 24 VICT. c. 113. An act (among other things) to repeal the exemption from licence duty 5. The 12th section of the act 6 Geo. IV. c. 81, which enacts that it shall not be necessary for any person or persons to take out an excise licence for the sale of any foreign goods or commodities for the sale of which in any manner an excise licence is required, whilst such goods or commodities shall be and remain in the warehouse or warehouses in which the same shall have been deposited, lodged or secured |