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 — — Auction and Auctioneers.

506

Sect. 2. 1028. The contracts signed by auctioneers are subject to the Authority to ordinary law as to stamps (i) ; and for stamp purposes also the sale sign Conof each lot must be treated as a separate contract (j).

tract etc.

1029. Where possession of goods is not given under the contract memorandum signed by the auctioneer, the document may Memorandum amount to a bill of sale and require registration (k). of contract Stamps.

a

or

bill of sale.

Part

IV.— Conduct Sect.

1030. place

A

and Place.

Ti7ne

1.

of the Sale.

There are no special restrictions affecting the time and a sale by auction may be held (/). by auction should not be held on a Sunday (m), or at any

when and where

sale

place in contravention of the legal rights of another, e.g., in a house in respect of which restrictive covenants against sales by auction exist (n), or under such circumstances as to constitute an

infringement of market rights

(o).

Any

place at which a public auction is held, even though a private house, is for the time being a "place of public resort" for the purposes of the criminal law (^9).

Sect. Exposure

name and address.

of

2.

Statutory Regulations

(q).

1031. Before an auction is commenced a ticket or board bearing the auctioneer's full christian and surname and his residence painted, written, or printed thereon in letters large enough to be publicly visible must be placed in some conspicuous part of the auction rooms and kept there during the continuance of the auction (r). The penalty for a contravention of this provision is a fine of

£20

(s).

(0 See

title

(/) Boots Y. 12 Jul-. 48.

Eevexue. Lord Dormer

{1832),

4:

B.

&

Ad. 77; Watliny

v.

Horwood

(1847),

Re Boherts (1887), 36 Ch. D. 196. See Charlesworth y. Mills, [1892J A. 0. where an authority given to an auctioneer to sell for repayment of advances was unsuccessfully alleged to be a bill of sale. See, generally, title Bills or Sale. (1) Keith V. Beid (1870), L. E. 2 Sc. App. 39. (m) Fennell v. Bidler (1826), 5 B. & C. 406. See title Time. {n) Toleman v. Porthury (1872), L. E. 7 Q. B. 344. See also Abergavenny Improvement (0) Elwes Y. Payne {1819), 12 (Jh. D. 468. {k)

23i,

Commissioners (_p)

Law and

Straker (1889), 60 L. T. 756, Taylor (1859), 7 C. B. (n. s.) 160.

v.

Seivell Y.

See, further, title

Criminal

Procedure.

In addition to the regulations dealt with in this title, see other titles: for sales by the Chancery Division Bankruptcy and Insolvency for sales under the Bankruptcy Coui-t Distress for sales under a distress Companies for sales in the winding up of companies Execution for sales by the sheriff Mortgage and Eeal Property and Chattels Eeal for sales by mortgagees; Trusts and Trustees for sales of trust property; Executors and Administrators for sales by personal representatives. (5)

Sale of Land











-

(r)

Auctioneers Act, 1845 (8

(s)

Ihid.

&

9 Vict.

c.

15),

s. 7.