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of, and according to the true intent and meaning of this act; vyhich sum or sums of money he is hereby authorised and impowered to retain out of the produce arising by such sale, or deposit made at such sale, or otherwise recover the same by action os debt, or on the case, against the person or persons by whom such auctioneer shall be employed, or on whose account and (hall make such goods shall be so sold; and every person so acting as oath to the auctioneer, or the, person who acted as his clerk at such sale, if

account a°y' ^a11 make °ath t0 tlie trUth of each and every such aC~ count before the commissioners of excise, or one of them, or

before such person as the said commissioners of excise (hall appoint to receive the some; which oath the said commissioners Oi excise, or one of them, or other person so to be appointed as atoresaid, is and are hereby authorised and impowered to If auctioneer administer: and in case the auctioneer giving such bond (hall the1 conditions neS^ec^ to deliver in his account, or to make payment of the of the'boVd rates anc* duties as berein directed, or if it shall appear that the commissioners account delivered in by such auctioneer was not a true and of excise may just account, or that the said auctioneer hath acted contrary to putitin suit. tne true intent and meaning of such bond, and of this present acs, it shall and may be lawful for the said commissioners of excise to cause such bond to be put in suit, unless they shall find sufficient cause to forbear the same, and thereupon, in case of a verdict or judgement against the defendant, such licence shall thenceforth become void to all intents and purposes. Everyauctio- VIII. And be it further enacted by the authority aforesaid, neer in Great That each and every person so acting as aforesaid, at every such Britain, not publick auction, in any part of Great Britain not within the within the h- jjmjtS Qf tne fa^ chief office of excise in London, shall, at the nuts of the ex- . . . r , .< t- r-j • r • i

cise-office in time °^ receiving such licence, as aroreiaid, give iecurity by London, shall bond as aforesaid, in rhe sum of fifty pounds, which security give security (hall be taken by the respective commissioners of excise in Great ro/^tha^he111 Br'tta'w> or any two or morc °^ them, respectively, or by such will withinsix person or persons as the said commissioners of excise respectively weeks after (hall appoint to deliver out the said licences, in like manner as each sale,deli-is herein-before mentioned and directed with regard to the ver m a parti- bonc]s to be given within the limits of the chief office of excise thereofC&c.nt m London, that he will, within six weeks after every sale by auction, deliver in an exact and particular account, in manner as is herein-before required to be delivered by persons selling by auction within the limits'of the said chief office of excise in London^ and (hall, at the same time, make payment of all such sum and sums of money as (hall be due and payable to his Majesty, for and on account of each and every sale by way os auction by him made, from time to time, within such six weeks respectively; and all the powers, directions, penalties, and forfeitures, herein-before prescribed or contained, for the better levying, securing, or accounting for, the said rases or duties within the limits of the said chief office of excise in London, (hall be observed in all other parts of Great Britain^ as if the fame were again particularly repeated and reenacted.

o IX. And

IX. And be it further enacted by the authority aforesaid^ Auctioneer* That, from and after the said fifth day of July, one thousand [^excWe'of6 seven hundred and seventy-nine, every such auctioneer, or seller ^ce? &c' pres by coin million, selling by auction within the limits'of the said vious notice of chief office of excise in London, (hall, two days at least before each sale; and he, (he, or they do begin any sale by way of auction, deliver, []^^^n at*

2 or cause to be delivered, at the said chief office of excise, to the'\^e containperion who shall be appointed by the commissioners of excise to mg an exact receive the same, a notice in writing, signed by such auctioneer, enumeration, specifying in such notice the particular day when such sale by j^fghe ^r??^~ auction is to begin; and shall, at the fame time, or within aiSL0 0 3 twenty-four hours after, deliver, or cause to be delivered, to the person so to be appointed as aforesaid, a written or printed catalogue, attested and signed by such auctioneer, or his known clerk 5 in which catalogue (hall be particularly expressed and enumerated each and every article, lot, parcel, and thing, by such auctioneer intended to be sold at such auction -3 and every such auctioneer, selling by auction in any part of Great Britain, not within the limits of the said chief office of excise in London, (hall, at least three days before he, she, or they do begin any sale by way of auction, deliver, or cause to be delivered, to the collector of excise, iri whose collection such sale is intended to be, or at the office, of excise next to the place where such sale is intended to be, a like notice in writing, signed by such auctioneer, specifying therein the particular day when such sale is to begin; and (ball, at the fame time, or within twenty-four hours after, deliver or cause to be delivered, to such collector, or at the office of'excise next to the place where such sale is intended to be, a written or printed catalogue, attested and signed by such auctioneer, or his known clerk; in which catalogue (hall be particularly expressed and enumerated each and every article, lot, parcel, and thing, by such auctioneer intended to be sold at such auction: and if any such auctioneer on penalty of shall presume to fell any estate, goods, or effects, by way of 20/. auction, Without delivering the notices and catalogues hereinbefore required to be delivered, or mall, at any such sale, sell any estate, goods, or effects, not particularly expressed or enumerated in such catalogue, every such auctioneer mall, for every such offence, forfeit and lose the sum of twenty pounds.

X. And be it further enacted by the authority aforesaid, That Any auctioif any such auctioneer, so selling by auction at any place within p^trin EngEngland or Wales, not within the limits of the said chief office ^^h^^e of excise in London, shall not be prepared to deliver in the ac- 1»II571s of Ihe count, by this act required, to the collector of excise within excile-cfficein whose collection such notice was delivered, and such sale by London, who auction made, then, and in such case, such auctioneer shall, and sl|a^ not be he is hereby permitted and required to deliver in his account of d'-Wr In^is such sale, within six weeks after every such sale, at the said accountof^ny chief office of excise in London, and to the person appointed to (ale to the colreceive the same, and (haJi, at the same time, deliver to the Jh^wTtltr0^ same person, a true copy of the notice, and of the catalogue wle£v*

X 2 by such sale, de* liver it a^-the by him before delivered to the said collector, and if any such London n auctioneer .lhaU neglect to deliver such copy of the said notice, or of the said catalogue, every auctioneer offending therein shall, for each offence, forfeit and lose the sum of twenty pounds. If the sale by XI. And whereas it may sometimes happen that sales at auttion of auction ot any estates or goods may be rendered null and void, by reason thai the estate, &c. person, for whose benefit the same sha]l be sold, had no title to, or no dered void * rig^A t0 ^fP°se °s^e fame > be xi father enacted by the authoirty owing toade- aforesaid, That, from and after the said fifth day of July, one festive tide, thousand seven hundred and seventy-nine, if any sale by auction the auctioneer, 0f any estate, goods, or chattels, (hall be rendered void, by &c. may com- reafon tnat lne person for whose benefit the same was sold had

plain to the • l ^ i r • i r i r , 1 .

commissioners no tltle t0 tne 'ame5or no ri&lt t0 dnpose thereof, then, and in of excise, or every such case, it (hall and may be lawful for the auctioneer, jutUcesof who paid the duty for the things so sold, or for the person for peace j whose benefit the same was so sold, to lay his, her, or their

complaint before the commissioners of excise, or justices of the peace, whithin whose jurisdiction respectively such sale was who (hall hear made; and the said commissioners of excise, or justices of the and deter- peace, respectively, upon such complaint to them made, by or mine the same, Qn the beha]f of such auctianeer, or by or on the behalf of the person for whose benefit the same was sold, shall, and are required to hear and determine all such complaints, and examine the witnesses upon oath which shall be produced, as well on the behalf of the party making such complaint, as on the behalf of all and every other party and parses; which oath they have hereby power to administer; and thereupon, or by other due proof, to relieve the party so complaining of so much of his, her, or their respective payments, as shall be so made out before them to have been over-paid ; any thing in this statute to the contrary notwithstanding.

Whereowners XII. Provided also, and it is hereby enacted by the authority of eltates, &c. aforesaid, That in cafe the real owner of any estate, goods, or orVrn^lo" effects, put up to sale by way of auction, shall become the purothers to bid chafer, by means of his own bidding, or the bidding of any for them, an other person on his behalf, or for his use, at such sale, without allowance of fraud or collusion, then, and in such case, the respective combe* ma^Vc-*0 missioners of excise in Great Britain, and such collectors, sucordingly ;" pervisors, and other officers of excise, as are hereby respectively

authorised, within their respective collections and districts, to 'receive the said duties, are hereby authorised and required to

make an allowance to such owner of the duties arising by this provided no- act upon such bidding; provided notice be given to the auctiotice be given ne^r |3efore fucn bidding, both by the owner and the person n°ecr lhatisuch intended to be the bidder, of the latter being appointed by the person* are to former, and having agreed accordingly to bid at the sale for the bid for the ufe and behoof of the seller; and provided such notice be verified" owners &c. ^y the oath of the auctioneer, as also the fairness and reality of

the said transaction, to the best of his knowledge and belief;

and in cafe any dispute (hall arise whether such purchase by the

owner vvas not made by collusion, or in order to lessen the full a furn sum appointed by this act to be paid, or concerning the fairness

of such transaction, then, and in sucf\ cases, the proof thereof

ihall lie upon the person acting as auctioneer; and on failure

therein, or in cafe of any unfair practice, then no such allowance

shall be made as aforesaid; any thing herein contained to the

contrary notwithstanding.

XIII. Provided always, and it is hereby further enacted by Certain aucti. the authority aforesaid, That nothing in this act contained shall on.s to which extend to any sale or sales, by way of auction, of estates or ^Jt extend1 chattels, made by any rule, order, or decree, of his Majesty's

court of chancery, or of exchequer in England, before the master in chancery, or the deputy remembrancer of the said court of exchequer; or by any order or decree of the courts of great sessions in Wales, or by airy order or decree of the court 7 of session or exchequer in Scotland respectively; or to any such sales made by the East India company, or the Hudson's Bay company; or by order of his Majesty's commissioners for the ^duties of customs or excise; or by order of the board of ordnance, or commissioners of the navy or victualling offices; nor to the sale.by auction of any goods distrained for rent, or for nonpayment of tithes; any thing herein-before to the contrary notwithstanding.

XIV. Provided also, That nothing in this act contained Not to extend shall extend to any auction to be held, on the account of the *°rTMfTMns for lord or lady of any manor, for the granting any copyhold or copyhold or customary messuages, lands, or tenements, for the term of a customary life or lives, or any number of years; or to any auction to be iands, &c. held for the letting or demising any messuages, lands, or tenements, for the term-of a life or lives, or any number of years,

to be created by the person or persons on whose account such auction shall be held; or to the sale or sales of any woods, coppices, produce of mines or quarries, or to any contract relating thereto, or to the cutting or working the fame, or to the sale of any materials used in the woiking of such [nines or quarries respectively; or to the sale of any cattle, and live or dead stock, or unmanufactured produce of land; so as such sale or sales of woods, coppices, produce of mines or quarries, cattie, corn, stock, or produce of land, be made whilst they continue on the lands producing the fame, and by the owner or owners of such lands, or proprietor or proprietors of, or adventurer or adventurers in, such mines or quarries respectively, or by his or their steward or agent, stewards or agents; any thing herein contained to the contrary notwithstanding.

XV". Provided also, and it is hereby further enacted by the Neither this authority aforesaid, That nothing in this or in the said ercited nor the act contained snail extend, or be construed to extend, to charge *ormer act to with the said rate or duty, any estate, goods, or chattels, fold soi^under at auction, under the authority of any sheriff or under-meriff, sheriff* aufor the benefit of creditors^ in execution of any judgement had thorny for the or obtained; or any estate or effects of bankrupts, fold by order ^nefit of crepf the assignee or assignees, under any commission of ;bank- effects

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£fter July 5, 1779, auctioneers Telling any effect?, ,&c. seized by a sheriffin execution, (hall enumerate the particulars thereof in the catalogue to be delivered by them, which shall be certified by the sheriff, Sec.:

And auctioneers employed to fell the effects or any bankrupt, sliall

ruptcy; or any goods imported into this kingdom, by way of merchandize, from any British colony or plantation in America the fame being of the growth, produce, or manufacture, of the said colonies or plantation, on the first sale of such goods, by .or for the account of the original importer to whom the fame were consigned, and by whom they were entered at the customhouse at the port of importation, so as such sale be made within twelve months after such goods shall be so imported; nor to any ships, or other tackle, apparel, and furniture, or the cargoes thereof, which may be taken and condemned as prize, which sliall be fold in this kingdom, by or for the benefit of the captors thereof; nor to charge with the said rate or duty any ships or goods that may be wrecked or stranded on the coasts of this kingdom, and fold by auction for the benefit of the insurers or proprietors thereof, or which may be fold, free of duty, to defray the charges of salvage; nor to charge with the said rate or duty any goods damaged by fire, and fold'by order of and for the benefit of the insurers of such goods; nor to sales made by trustees chosen in pursuance of an act^ made in the twelfth year of the reign of his present Majesty, intituled, An a£l for rendering the payment os the creditors os insolvent debtors more equal and expeditious; and for regulating the diligence of the law by arrestment and poinding; and for extending the privilege os bilk to promissory notes; and for limiting aclions upon bills and promisfory notes; in that fast as Great Britain called Scotland; any thing herein contained to the contrary notwithstanding.

XVI. And for the better and more effectual preventing frauds which may.be practised by auctioneers felling estates, goods, or chattels, under the authority of sheriffs, or their under-sheriffs, or under the order and direction of the assignees under any commission of bankruptcy; be it further enacted by the authority aforesaid, That, from and after the said fifth day of July, one thousand seven hundred and seventy-nine, every auctioneer who sliall sell at auction any estates, goods, or chattels, that have been seized by any (heriff or under-fheriff, or by their authority, and by them, or either of them, taken for thfe benefit of creditors, in execution of any judgement had and obtained, sliall specify and enumerate, in the catalogue by him to be delivered under the directions of this act, as well the particular estates and effects to be fold, and also the exact sum to be levied under such execution; and the meriffor under-sheriff respectively shall, and they are hereby required to subscribe and {\<y\\ every such catalogue,' and to certify, at the foot thereof, that all and every the estates, goods, and effects in such catalogue respectively specified and enumerated,, were realy and truly the property of the person against whom such judgement was had and obtained, and that the fame, and eveify part thereof, were actually seized in execution of the same judgement; and every auctioneer who shall be employed, by the assignees under any commission of bankruptcy, to fell the effects of any bankrupt, sliall likewise specify and enumerate in the . 'catalogue.

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