Page:Halsbury Laws of England v1 1907.pdf/724

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Auction and Auctioneers.

502 Part

A person hawking (q)

II.

Auctioneer's must take out a Licence, licence (r).

Hawker's

goods from place to place for sale by auction hawker's licence in addition to an auctioneer's

1018. The licence granted to an auctioneer will not authorise to sell, either on his own or any other person's behalf, any commodities for which an excise licence is required except (a) upon premises in respect of which the owner of the commodities has a proper and subsisting licence or (b) in the case of sales by sample (s) in the same town or place (f) in which the owner has a licence or (c) at sales authorised by the Commissioners of Inland Eevenue where they are satisfied that the commodities are the property of a private person and are not sold for profit or by way of trade (t).

licence.

him

Excisable articles.

Part

III.

—Authority

Sect.

1.

As Agent

of Auctioneer.

for the Vendor.

1019. An auctioneer may sell property of his own as principal, and need not disclose the fact that he is so selling {a) but, when selling as agent, he is the agent of the vendor only, except for the purpose of signing the contract or a memorandum of the contract, for which purpose he is also the agent of the purchaser (b). There are no special rules affecting the form of contract between the vendor and the auctioneer, and, subject to the ordinary exceptions common to all forms of agency, the contract may be either verbal

Agency of auctioneer.



Contract

between vendor and auctioneer.

or in writing

(c).

The implied authority

of the auctioneer, apart from express instructions narrowing or amplifying it, is a general authority to sell {d), and extends to selling and dealing with the subject-matter of the sale in the way usual and customary amongst auctioneers (e). The agency of the auctioneer is personal and cannot be delegated (/)

Extent of authority.

Delegation.

1020. Where a reserve has been fixed by the vendor, there is no implied authority to sell without reserve even though the auctioneer

Sale below reserve price,

service or the effects of deserters, when the proceeds are to be accounted for to the public. But a person declaring the purchase on a sale by tender must be licensed. Eevenue. For definition of "hawker," {q) See titles Markets and Fairs see the Hawkers Act, 1888 (51 & 52 Yict. c. 33), s. 2. (r) Hawkers Act, 1888 (51 & 52 Yict. c. 33), s. 3 ; Dean qui tamy. King (1821),

& Aid. 517 R. v. Turner (1821), 4 B. & Aid. 510 MansonY. Hope (1862), & S. 498 Hudson v. Shooter (1891), 55 J. P. 325. And contrast B. v. Faraday (1830), 1 B. & Ad. 275.

4 B.



2 B.





(s) As to what constitutes a sale "in the same town or place," see Casey Rose (1900), 82 L. T. 616. it) The Eevenue (No. 2) Act, 1864 (27 & 28 Yict. c. 56), s. 14.

(a) Fli7it V. (6)

See See

Woodin

(1852), 9

v.

Hare, 618.

p. 504, post.

title Agency, pp. 153 et seq., ante ; Coles v. Trecothick (1804), 9 Yes. For forms of auctioneer's aj)pointment, see Encyclopaedia of Forms, Yol. II., pp. 458—460. (c)

234.

.

Hoiuard v. Braithwaite (1812), 1 Yes. & B. at p. 210 Collen v. Gardner (1856), 21 Beav. 540. (/) Coles Y. Trecothick, supra.

{d) (e)