Page:Halsbury Laws of England v1 1907.pdf/742

 —— — Auction and Auctioneers.

520 Sect.

2.

Action by Auctioneer

the contract unless other evidence satisfying the statutory require-

ments can be given

{k).

for Price.

Part IX.

—Auctioneer's Rights and Relation to Third

in

Sect. Auctioneer

may sue in trespass or trover.

1066.

An

1.

Auctioneer liable.

V^hat amounts to conversion.

Possession of Goods.

auctioneer by virtue of his lien and special property .

.

Sect. delivered to auctioneer.

to

Persons.

can maintain an action of trespass or trover against persons wrongfully interfering with or converting goods (Z) He has, however, no such property in, or right of action in respect of, unsevered fixtures (m)

Goods

Right

Liabilities

2.

Privilege

from

Distress.

1067 Goods

delivered to an auctioneer for sale are privileged from distress whilst on the auctioneer's premises, as being chattels delivered to a person exercising a public trade to be dealt with in the way of his trade or employ (w). The privilege attaches to the goods either at the auctioneer's ordinary place of business or on premises temporarily hired for the auction, and even though the auctioneer's occupation of the premises is not lawful (o). It also extends to goods in the yard of a house (p). It does not, however, cover goods which are on the owner's premises, and such goods will remain liable to distraint although the subject-matter of a sale by auction {q). Conversion, Sect. 3.

1068. An action for conversion lies against an auctioneer who with or without knowledge of the true ownership has, in cases not covered by the Factors Act, 1889 (?•)> dealt with the property in and possession of goods without the consent or authority of the true

owner (s). A mere advertisement a contract of sale which property, does not auctioneer liable who

without an actual sale, or even possession nor the constitute a conversion {t). To render an has no notice of the true ownership, and who for sale

affects neither the

Farebrother v. Simmons (1822), 5 B. «& Aid. 333 Williams v. Millington (1788), 1 Hy. BI. 81, per Heath, J., at p. 85; Roh'nson V. Butter (1855), 4 E. & B. 954. (w) Davis V. Danhs (1849), 3 Exch. 435. {n) See title Distress Adams v. Grane (1833), 1 Or. & M. 380. (o) Broivn v. Arundell (1850), 10 C. B. 54. [p) Williams v. Holmes (1853), 8 Exch. 861. {q) Lyons v. Elliott (1876), 1 Q. B. D. 210. (r) 52 & 53 Vict. c. 45. See title Agency, p. 205, ante. (s) Barker y. Furlong, [1891] 2 Cli. 172; Consolidated Co. v. Curtis & Sov, [1892] 1 Q. B. 495 Brotun v. Hickinhotham (1881), 50 L. J. (q. b.) 426; Featherstonhaugh v. Jolinston (1818), 8 Taunt. 237; Adamson v. Jarvis (1827), 4 Bing. 66; Cochrane v. Bymill (1879), 40 L. T. 744 Hardacre v. Steivart (1804), 5 Esp. 103. {k)

(Z)







See, further, title {t)

Trover and Conversion.

Lancashire Waggon Co. v. FitzHugh (1861), 6 H.

& N.

502.