Licensing of Auctioneers.

Licenses;

4. Whosoever carries on the business of an Auctioneer without Auctioneers having a License in force authorising him to do so as by this to take Ordinance directed shall be liable for each offence to a fine not less than ten pounds, nor exceeding fifty pounds. (2 of 1878, s. 5.)

Penalty for acting without License.

5. All applications for Licenses shall be made in writing to the Applications Collector of Customs, and every person applying for a License for Licenses. shall at the same time pay to the Collector the amount by this Ordinance fixed to be paid in respect of such License, which amount, in case such application shall be refused, such Collector shall forthwith on demand, repay to the person who paid the same without any deduction whatsoever. (2 of 1878, s. 6.)

6. The several sums specified in the first Schedule to this Duties upon Ordinance shall be the duties payable for every License to sell Licenses. by Auction for the periods set forth in the said Schedule. (2 of 1878, s. 7.)

7. Every License shall be in the form set forth in the second Form and Schedule to this Ordinance and shall be granted by the Collector granting of Licenses; of Customs;

Before granting any License, the Officer hereby authorised to Licenses may grant Licenses shall make such enquiries as he considers requisite be refused; for ascertaining that the party proposed to be licensed is a fit and proper person to be so licensed, and may refuse any license without assigning any reason to the applicant ;

Provided that any person to whom a License has been refused, Proviso. may represent his case to the Governor, who may direct a License to be granted to him if satisfied that he is a fit and proper person, or may withhold the License, or direct further examination and enquiry. (2 of 1878, s. 8.)

8. Before the License is granted, the applicant shall enter into Security to security by Bond in such amount as shall be fixed by the Rules, or be given by Auctioneer; if not so fixed, as the Governor shall fix, with one or more sufficient sureties to be approved of by the Collector of Customs to answer for the faithful discharge of his office: such Bond shall be in such form as shall be fixed by the Rules, or if not so fixed, as the Governor shall direct :

Provided that it shall be lawful for the said Collector to accept, Deposit in in lieu of the security aforesaid, security by deposit in the Public lieu of chest of any sum not more than the sum for the time being required to be secured by Bond as aforesaid nor less than half of

that sum;

sureties;

insufficient.

If it shall appear to the Collector of Customs that the security of Security any Auctioneer is or has become insufficient, he shall call upon the becoming Auctioneer to give sufficient security, and if he fails to do so within one month, the Governor may, on the report of the said Collector,

Register of
Licenses.

Duration of
Licenses;

Suspension or revocation of

Licenses.

Licenses to agents of Auctioneers;

Liability of
Employer.

Suspension, revocation,

License.

suspend the License of such Auctioneer until sufficient security has been given. (2 of 1878, s. 9.)

9. It shall be the duty of the Collector of Customs to keep a Register of Auctioneers and of persons holding Agents' Licenses (after-mentioned), in such form as the Governor directs. (2 of 1878, s. 10.)

10. Every License under this Ordinance shall have effect from the date of the granting thereof till the close of the thirtieth day of June, or the thirty-first day of December, in the case of halfyearly or yearly Licenses respectively, of the year in which any such License may have been granted;

Whenever an Order suspending a License is made, the License shall cease to be of any effect during the term of suspension; and whenever the License is revoked the License shall cease to have any effect whatsoever. (2 of 1878, s. 11.)

11. Any person who may have a License in force in the Form B. of the second Schedule to this Ordinance may apply for and obtain one or more License or Licenses (hereafter called an Agent's License) and every such License shall authorise the person named therein (such person being in the permanent employment of the person applying for such License under a Contract of not less than three months duration) to sell by Auction on behalf of such Employer in one District, named on the License;

Such Agent shall not be required to find security, but the Employer nominating him shall be responsible for his compliance with all the provisions of this Ordinance, and for the payment of any pecuniary penalties he may incur by contravention thereof. (2 of 1878, s. 13.).

12. An Agent's License may be suspended or revoked for any offence, committed by him, for which any other License under this &c. of Agent's Ordinance may be suspended or revoked, and, in case the License of the Employer of such Agent should terminate, or be suspended or revoked, the License of any Agent employed by him shall ipso facto terminate, or be suspended during the suspension of the Employer's License, or be revoked as the case may be. (2 of 1878, s. 14.)

Agent ceasing to be in Employer's

13. If the holder of an Agent's License shall cease to be in the employment of the Auctioneer who applied for the same, he shall forthwith cease to be qualified to act as an Auctioneer under such disqualified; License;

service

Transfer of
License.

The Collector of Customs may in such last-mentioned case, on the request of the person who applied for such License, transfer the same for the unexpired period thereof to some other person in the employment of such applicant under Contract as aforesaid, but no Agent's License shall be transferred more than once in any period of six months. (2 of 1878, s. 15.)

Respecting Sales.

sale of all

owners;

14. Every Auctioneer shall, on the requisition of the owner Auctioneers thereof, accept the sale of all property which may be offered to to accept the him for sale at the town in which he carries on his ordinary property business as an Auctioneer, and shall sell the same within such time offered by as the owner may require, or as soon thereafter as is possible, having regard to the sale of other property with which he has been entrusted: Provided that he shall not be bound to sell such property sooner than seven days after he shall have accepted the sale thereof;

Nothing herein shall be held to restrict any Auctioneer from Proviso. selling at the same sale the property of more than one owner, so as the goods are lotted consecutively and in such manner that no owner's goods may become mixed with the goods of any other owner. (2 of 1878, s. 16.)

authorise sale

15. No Auctioneer's License shall authorise any person to deal Auctioneer's in or sell (either on account of, or for the benefit of himself or of License not to any other person) any spirits for the sale of which a License is of spirits; required by law, except upon premises in respect of which the Exceptions; owner of such spirits shall have taken out, and shall have in force at the time of the sale thereof, the proper License for the sale of such spirits:

licensed;

Provided that any licensed Auctioneer may sell by Auction, by Proviso where sample only, in any town or place any spirits, if the owner thereof owner shall be duly licensed for the sale of spirits in the same town or place, but no spirits shall be sold at any such sale in any smaller lots or quantities than the whole contents of each cask or other vessel in which the same are actually contained at the time of sale; Nothing herein shall hinder any licensed Auctioneer from Where selling any spirits which under the seventh section of the Spirit License not License Ordinance, 1893, or any other law for the time being in force, may be sold without License. (2 of 1878, s. 17.)

required.

16. No sale by Auction of any land shall take place until after Notice of sale at least seven days public notice thereof made at the principal town of land. of the District in which the land is situated, and also at the place of the intended sale: The notice shall be made not only by printed or written documents, but also by beat of drum or such other method intelligible to uneducated persons as may be fixed by the Rules, or if not so fixed, as the District Commissioner of the District where such sale is to take place may direct, and shall state the name and place of residence of the seller. (2 of 1878, s. 18.)

Report of sale

17. Two days before any sale by Auction shall take place, or Notice, Catawithin such shorter time as the District Commissioner of the logue, and District where such sale is to take place, may, under special to be furcircumstances, authorise in his discretion, notice thereof in writing nished to together with a Catalogue of the goods or lands to be sold shall be District Com

missioner;

Penalty.

False State

delivered to such District Commissioner, specifying the place and time at which such sale begins, and within sixty hours after such sale shall have terminated a complete account of the sale verified by oath or affirmation of the Auctioneer shall be delivered to the said Commissioner, specifying the price at which each lot shall have been sold: If any Auctioneer shall omit to deliver such notice, catalogue and account as aforesaid, he shall for each offence incur a penalty not exceeding twenty pounds:

Any person who shall wilfully make any false oath or affirmation ment, perjury. concerning any such account or its subject matter, or any part thereof, shall be guilty of perjury, and be liable to be prosecuted and punished accordingly. (2 of 1878, s. 19.)

Auctioneer's name and address to be published at sale;

Penalty.

Sales without

reserve, re

served price,

&c.;

Where without reserve;

Where subject to reserved price;

Where right

18. Every Auctioneer, before beginning any Auction, shall affix or suspend and during the whole time of such Auction keep affixed or suspended in some conspicuous part of the room or place where the Auction is held, a ticket or board containing his true and full name and residence painted, printed, or written in large letters, publicly visible and legible: If any Auctioneer fails to comply with this enactment, he shall forfeit for every such offence the sum of five pounds. (2 of 1878, s. 20.)

19. It shall be stated in the Particulars or Conditions of Sale by Auction of any land or goods whether such sale will be without reserve, or subject to a reserved price, or whether a right to bid is reserved:

If it is stated that the sale will be without reserve or to that effect, then it shall not be lawful for the seller or any person in his behalf or employed by him to bid at such sale, or for the Auctioneer to take knowingly any such bidding;

If it is stated that the sale will be subject to a reserved price as regards any one or more lots, it shall be lawful for the seller or any person employed by him to give one bid for each such lot and no more, which bid shall be openly declared at the Auction upon the lot being put up for sale, before any other bidding for such lot is received;

If it is stated that the sale will be subject to a right for the to bid reserved seller to bid, it shall be lawful for the seller, or for any one person on his behalf, but not more than one, to bid at such Auction in such manner as he shall think proper;

to seller;

Consequences of seller

bidding in the preceding cases;

Penalty on Auctioneer receiving

unlawful bidding.

Auctioneer

may recover

If the seller or any person employed by him or in his behalf shall bid at any sale contrary to any of the provisions of this section, any purchaser may refuse to fulfil his purchase, but the highest bona fide bidder shall be entitled, if he shall so elect, to have the land or goods at the price offered by him;

Any Auctioneer who shall knowingly receive any bidding contrary to any of the provisions of this section, shall be liable to a fine not exceeding fifty pounds, and to have his License suspended or revoked. (2 of 1878, s. 21.)

20. The Auctioneer making any sale by Auction shall, (unless

it be agreed otherwise between him and the seller), be entitled to purchasesue for, recover, and discharge all sums due in respect of such sale; money; The Auctioneer shall (unless it be agreed otherwise between him Payment. and the seller), be liable for the due payment to the seller of the net proceeds of all sales of property within ten days from the time of sale of such property. (2 of 1878, s. 22.)

21. The employment of an Auctioneer to sell any property by Employment public Auction does not authorise him, in case the public Auction to sell by proves abortive, to sell the property by private contract. (2 of not authorise 1878, s. 23.)

auction does

private sale.

any Remuneration

22. The remuneration of any Auctioneer for selling property by Auction shall in no case exceed seven pounds per centum on the gross amount of such sale;

of auctioneer

on sale;

in.

If any property exposed for sale is bought in by or on behalf of Where prothe owner, the remuneration of the Auctioneer shall not exceed perty bought three pounds per centum on the amount at which the same has been so bought in, if the said amount be under one hundred pounds, or two pounds per centum, if above that sum;

rate void.

No agreement to pay or allow any higher rates than in this Agreements section mentioned shall be binding, and any Auctioneer who shall for higher receive or retain out of the proceeds of any sale any higher rates shall be liable to have his License suspended or revoked. (2 of 1878, s. 24.)

Legal Procedure.

23. All penalties incurred under this Ordinance may be sued Recovery of for and recovered in a Divisional Court, or before a District penalties. Commissioner, for which purpose every District Commissioner shall have jurisdiction to the extent of the said penalties; and where any penalty is imposed, the same, upon non-payment, shall be enforced under the provisions of the Criminal Procedure Ordinance, 1876, or any enactment amending or extending the same. (2 of 1878, s. 25.)

24. The Governor may award to the person who shall prosecute Application of to conviction, and any other persons who may have contributed to penalties. the conviction by giving information or otherwise, out of every penalty recovered a sum not exceeding one half thereof, distributed in such proportions as he may direct, and the other half shall form part of the public Revenue of the Colony; Provided that the Governor may remit the whole or any part of any penalty, notwithstanding the interest of any Informer or other person therein. (2 of 1878, s. 26, and 7 of 1883, ss. 1 and 2, part.)

25. If the Employer of any person holding an Agent's License Penalties is ordered to pay any penalty incurred by such person, and makes incurred by default in doing so, the penalty may be levied by distress, seizure agents;