Page:Halsbury Laws of England v1 1907.pdf/723

 — Part

II.

Auctioneer's Licence.

501

1*^1^^ 11. The licence is an excise licence (d) and is an annual one (e). It runs from the 5th of July in each year, and must be renewed (/) Auctioneer's Licence. at least ten days before that day (e) Any person acting as an auctioneer without taking out a licence Nature of.

as prescribed is liable to a fine of £100 (e). licence. The licence can be obtained by application in writing, at Somerset House or at the Inland Eevenue Office for the district in which the applicant resides (g). person of either sex may obtain a licence (h). The licence is personal, and therefore every member of a firm of auctioneers must take out an individual licence if he himself sells. In addition to the right to act as auctioneer, an auctioneer's licence Effect of entitles the licensee to act as an appraiser (i) or as a house-agent ii^^^^^without any further licence (k),

A

1017. A licence is not required by the auctioneer on a sale under When licence required. a warrant of distress for non-payment of rent or tithes for less than £'20 (l), or by the officer of any Court selling under process of the

Court for less than £20 if exempted by any Act in force at the date of the passing of the Auctioneers Act, 1845 (m), or on a sale under an order of the Chancery Division {n), or on a sale of fish at the place where it is first landed (0), or on a sale by the bailiff under the authority of a county court (p). {d) Auctioneers Act, 1845 (8 & 9 Yict. c. 15), s. 3. Therefore under the Excise Licences Act, 1825 (6 Geo. 4, c. 81), s. 25, the holder must put up over his premises his name and the word " licensed," under a penalty of £20. (e) Auctioneers Act, 1845 (8 & 9 Yict. c. 15), s. 4. (/) For form of notice of intention to renew, see Encyclopaedia of Forms,

Vol. 11.

,

p. 458.

of application, see Encyclopaedia of Forms, Yol. II., p. 457. Wcd~ker v. Advocate-General (1813), 1 Dow, 111 (decided on the earlier Acts, 17 Geo. 3, c. 50, and 19 Geo. 3, c. 56). For appraisers, see titles (?) Eevenue Act, 1845 (8 & 9 Yict. c. 76), s. 1. (g) (h)

For form

Eeveis^ue;

Yaluers Am> Appraisers.

For the licence required (24 & 25 Yict. c. 21), s. 13. An auctioneer who advances money on see title Eevenue. bills of sale with the view of obtaining business, and not with the primary object of lending money, does not require registration as a moneylender under the Moneylenders Act, 1900 (63 & 64 Yict. c. 51) see Furber v. Fieldmgs, Ltd. (1907), 23 T. L. E. 362 ; and see title Money and Money Lending. (Z) Auctioneers Act, 1845 (8 & 9 Yict. c. 15), s. 5. (m) 8 & 9 Yict. c. 15, passed on May 8th, 1845. (n) Court of Chancery Act, 1852 (15 & 16 Yict. c. 87), s. 42. (/t)

Eevenue Act, 1861

by house agents,



Customs and Inland Eevenue Act, 1870 (33 & 84 Vict. c. 32), s. 5. Under the Ip) County Courts Act, 1888 (51 & 52 Vict. c. 43), s. 159. instructions relative to licences issued by the Board of Inland Eevenue in 1893, the following persons are declared exempt from the necessity of taking out licences (2) Customs officers (1) Officers of Inland Eevenue selling seizures conducting sales under the direction of the Board of Customs (3) Officers of (o)







ordnance conducting sales under the authority of the Surveyor- General (4) Clerks authorized by the Admiralty to sell public stores (5) the trustees of any tolls or their clerk letting such tolls to farm (6) any person holding an auction for letting lands or any interest therein (7) any person conducting a sale "by ticket" of mineral ore; (8) receivers of wreck or deputy receivers appointed under the Merchant Shipping Act, whether officers of customs or not, when employed in their official capacities in selling public property for the benefit







of

the Crown;

(9)

non-commissioned

directions of the Secretary for

War the

officers

and

soldiers selling

effects of officers

and

under the dying in

soldiers