Page:Halsbury Laws of England v1 1907.pdf/730

 — Auction and Auctioneers.

508 Sect.

2.

Statutory Regulations.

Signed catalogue

showing amounts realised.

Sale of cattle in mart.

down name

pawnbroker, the auctioneer must audibly declare the pawnbroker as the purchaser (/). After the sale the auctioneer must within fourteen days deliver to the pawnbroker a signed copy of the catalogue, or of as much as relates to any individual pawnbroker's pledges, showing the amount realised for each pledge, and the pawnbroker must preserve this for

three years at least after the auction (g). If the auctioneer fails to comply with these regulations, he to a fine of £10 {h).

cattle sold.

Penalty.

(l),

bid.

applies (7?i). auctioneer sells cattle at

When an

any mart in a place from which by these Acts returns must be made by a market authority, he must, unless exempted by the Board of Agriculture and Fisheries, make the like returns with respect to the cattle entered, weighed, and sold at the mart, and is subject to the like penalties for false or fraudulent returns (n). Default in complying with these requirements renders the auctioneer or his employer, if he is employed by any person, liable on summary conviction to a fine of £'20, or, if the ofience is continuing, of i 10 a day (o). Sect.

Notification of reserve and of right of vendor to

is liable

1034. Unless exempted by order of the Board of Agriculture and Fisheries, an auctioneer must not sell cattle {i) at any mart where cattle are habitually or periodically sold, unless such facilities for weighing cattle are provided at the mart as are required in the case of a sale of cattle at a market or fair to which the Markets and Fairs (Weighing of Cattle) Act, 1887 (k), or the Markets and Fairs (Weighing of Cattle) Act, 1891

Eeturns of

to a

of the

Sales subject

3.

1035.

When the

a Reserve and Vendor's Right

to

goods

to

Bid.

subject to a reserve price, or when the vendor reserves a right to bid or to employ persons to bid on his behalf, the fact must be notified before the sale, and in a sale of land it must be expressly notified in the particulars and conditions of sale whether the sale is with or without reserve, or sale of land or

is

whether such right to bid is reserved {p). Unless such notification is made (5-), (/) {q)

Pawnbrokers Act, 1872 (35 2 hid., Sched. Y. (8) and (9).

&

36 Yict.

c.

it is

illegal for

93), Sched.

Y.

the vendor

(7).

(h) Ibid., ss. 19, 20, 45. (i)

For definition

1887 (50 to

&

51 Yict.

markets and (k) (l)

(n)

Ibid.

returns (0)

27),

s, 3.

fairs, see title

50 & 51 Yict. 54 & 55 Yict.

(m) Ibid.,

of cattle, see c.

c. c.

Markets and Fairs (Weighing of Cattle) Act, to cattle generally, see title Animals, and as

As

Markets and Fairs.

27. 70.

s. 4.

See

sect.

3 as to returns

and the schedule as

to places

from which

must be made.

Ibid.,

s.

3 (3).

Act, 1867 (30 & 31 Yict. c. 48), s. 5; Sale of (56 & 57 Yict. c. 71), s. 58. to {q) Notification of a reserve price is not in itself a reservation of the right bid {GiUiat v. GilUat (1869), L. E. 9 Eq. 60; Sale of Goods Act, 1893 (56 & 57 Yict. c. 71), s. 58). (p) Sale of

Land by Auction

Goods Act, 1893