of, and according to the true intent and meaning of this act; which fum or fums of money he is hereby authorised and impowered to retain out of the produce arifing by fuch fale, or depofit made at fuch fale, or otherwife recover the fame by action of debt, or on the cafe, against the perfon or perfons by whom such auctioneer shall be employed, or on whofe account and shall make such goods fhall be fo fold; and every perfon fo acting as

oath to the truth of luch account.

If auctioneer fhall not fulfil

the conditions of the bond,

commiffioners of excite may put it in fuit.

mits of the excife-office in

London, shall give fecurity

as aforefaid in 50%. that he will, within fix

cular account

thereof, &c.

auctioneer, or the perfon who acted as his clerk at fuch fale, if any, shall make oath to the truth of each and every fuch account before the commiffioners of excife, or one of them, or before fuch person as the said commiffioners of excife shall appoint to receive the fame; which oath the faid commiffioners of excife, or one of them, or other perfon fo to be appointed as aforefaid, is and are hereby authorifed and impowered to adminifter: and in cafe the auctioneer giving such bond shall neglect to deliver in his account, or to make payment of the rates and duties as herein directed, or if it fhall appear that the account delivered in by fuch auctioneer was not a true and juft account, or that the faid auctioneer hath acted contrary to the true intent and meaning of fuch bond, and of this prefent act, it shall and may be lawful for the faid commiffioners of excife to caufe fuch bond to be put in fuit, unless they shall find fufficient cause to forbear the fame, and thereupon, in case of a verdict or judgement against the defendant, fuch licence shall thenceforth become void to all intents and purposes.

Every auctio VIII. And be it further enacted by the authority aforefaid, neer in Great That each and every perfon fo acting as aforefaid, at every fuch Britain, not publick auction, in any part of Great Britain not within the within the li- limits of the faid chief office of excife in London, fhall, at the time of receiving fuch licence, as aforefaid, give fecurity by bond as aforefaid, in the fum of fifty pounds, which fecurity thall be taken by the refpective commiffioners of excife in Great Britain, or any two or more of them, refpectively, or by fuch perfon or perfons as the faid commiffioners of excise respectively weeks after fhall appoint to deliver out the faid licences, in like manner as each fale, deli- is herein-before mentioned and directed with regard to the ver in a parti- bonds to be given within the limits of the chief office of excise in London, that be will, within fix weeks after every fale by auction, deliver in an exact and particular account, in manner as is herein-before required to be delivered by perfons felling by auction within the limits of the faid chief office of excife in London, and thall, at the fame time, make payment of all fuch fum and fums of money as fhall be due and payable to his Majesty, for and on account of each and every fale by way of auction by him made, from time to time, within fuch fix weeks refpectively; and all the powers, directions, penalties, and forfeitures, herein-before prefcribed or contained, for the better levying, fecuring, or accounting for, the faid rates or duties within the limits of the faid chief office of excife in London, fhall be observed in all other parts of Great Britain, as if the fame were again particularly repeated and reenacted.

IX. And

Auctioneers

the excife-of

IX. And be it further enacted by the authority aforefaid, That, from and after the said fifth day of July, one thousand to deliver, at feven hundred and feventy-nine, every fuch auctioneer, or feller fice, &c. preby commiffion, felling by auction within the limits of the faid vious notice of chief office of excise in London, fhall, two days at leaft before each fale; and

hkewife an at

he, fhe, or they do begin any fale by way of auction, deliver, tefted cataor caufe to be delivered, at the faid chief office of excife, to the logue,contain. perion who shall be appointed by the commiffioners of excife to ing an exact receive the fame, a notice in writing, figned by fuch auctioneer, enumeration of the particuspecifying in such notice the particular day when fuch fale by laisto be fuld auction is to begin; and fhall, at the fame time, or within twenty-four hours after, deliver, or caufe to be delivered, to the perfon fo to be appointed as aforefaid, a written or printed catalogue, attefted and figned by fuch auctioneer, or his known clerk; in which catalogue thall be particularly expreffed and enumerated each and every article, lot, parcel, and thing, by fuch auctioneer intended to be fold at fuch auction; and every such auctioneer, felling by auction in any part of Great Britain, not within the limits of the faid chief office of excife in Lendon, thall, at least three days before he, fhe, or they do begin any fale by way of auction, deliver, or caufe to be delivered, to the collector of excife, in whofe collection fuch fale is intended to be, or at the office of excife next to the place where fuch fale is intended to be, a like notice in writing, figned by fuch auctioneer, fpecifying therein the particular day when fuch fale is to begin; and thall, at the fame time, or within twenty-four hours after, deliver or caufe to be delivered, to fuch collector, or at the office of excile next to the place where fuch fale is intended to be, a written or printed catalogue, attefted and figned by fuch auctioneer, or his known clerk; in which catalogue thall be particularly expreffed and enumerated each and every article, lòt, parcel, and thing, by fuch auctioneer intended to be fold at fuch auction: and if any fuch auctioneer on penalty of fhall presume to fell any eftate, goods, or effects, by way of 20%. auction, without delivering the notices and catalogues hereinbefore required to be delivered, or fhall, at any fuch fale, fell any eftate, goods, or effects, not particularly expreffed or enumerated in fuch catalogue, every fuch auctioneer shall, for every fuch offence, forfeit and lose the fum of twenty pounds.

if

shall not be

X. And be it further enacted by the authority aforefaid, That Any auctioany fuch auctioneer, fo felling by auction at any place within peer in England or Wales, England or Wales, not within the limits of the faid chief office not within the of excife in London, shall not be prepared to deliver in the ac-limits of the count, by this act required, to the collector of excife within excile-office in whose collection fuch notice was delivered, and fuch fale by London, who auction made, then, and in such cafe, fuch auctioneer fhall, and prepared to he is hereby permitted and required to deliver in his account of deliver in his fuch fale, within fix weeks after every fuch fale, at the faid account of any chief office of excife in London, and to the perfon appointed to fale to the colreceive the fame, and fhall, at the fame time, deliver to the fame perfon, a true copy of the notice, and of the catalogue weeks after

X 2

lector of excife fhall,within fix

by such fale, de

liver it at the by him before delivered to the faid collector, and if any fuch excife office in auctioneer thall neglect to deliver fuch copy of the faid notice, or of the said catalogue, every auctioneer offending therein shall, for each offence, forfeit and lose the sum of twenty pounds.

London.

If the fale by

eltate, &c.

fhall be ren

dered void,

XI. And whereas it may fometimes happen that fales at auction of auction of any eftates or goods may be rendered null and void, by reason that the perfon, for whofe benefit the fame shall be fold, had no title to, or no right to difpofe of the fame; be it further enacted by the authoirty Owing to a de- aforefaid, That, from and after the faid fifth day of July, one fective title, thousand seven hundred and feventy-nine, if any fale by auction the auctioneer, of any eftate, goods, or chattels, thall be rendered void, by &c. may com- reason that the perfon for whose benefit the fame was fold had plain to the commiflioners no title to the fame, or no right to difpofe thereof, then, and in

of excise, or justices of peace;

and deter

mine the fame,

every such case, it fhall and may be lawful for the auctioneer, who paid the duty for the things fo fold, or for the perfon for whofe benefit the fame was fo fold, to lay his, her, or their complaint before the commiffioners of excife, or juftices of the peace, whithin whofe jurifdiction refpectively fuch fale was who fhall hear made; and the faid commiffioners of excife, or juftices of the peace, respectively, upon fuch complaint to them made, by or on the behalf of fuch auctioneer, or by or on the behalf of the perfon for whofe benefit the fame was fold, fhall, and are required to hear and determine all fuch complaints, and examine the witnesses upon oath which fhall be produced, as well on the behalf of the party making fuch complaint, as on the behalf of all and every other party and parties; which oath they have hereby power to adminifter; and thereupon, or by other due proof, to relieve the party fo complaining of fo much of his, her, or their respective payments, as fhall be fo made out before them to have been over-paid; any thing in this statute to the contrary notwithstanding.

Where owners

of eltates, &c.

bid themselves
or employ
others to bid

for them, an

allowance of
the duties is to

be made ac-
cordingly;

provided no
tice be given
neer that fuch
perfons are to

to the auctio

bid for the
owners, &c.

XII. Provided also, and it is hereby enacted by the authority aforesaid, That in cafe the real owner of any eftate, goods, or effects, put up to fale by way of auction, shall become the purchafer, by means of his own bidding, or the bidding of any other person on his behalf, or for his ufe, at fuch fale, without fraud or collufion, then, and in fuch cafe, the refpective commiffioners of excife in Great Britain, and fuch collectors, supervisors, and other officers of excife, as are hereby refpectively authorifed, within their refpective collections and diftricts, to receive the faid duties, are hereby authorised and required to make an allowance to fuch owner of the duties arifing by this act upon fuch bidding; provided notice be given to the auctioneer before fuch bidding, both by the owner and the person intended to be the bidder, of the latter being appointed by the former, and having agreed accordingly to bid at the fale for the use and behoof of the feller; and provided fuch notice be verified by the oath of the auctioneer, as alfo the fairnefs and reality of the faid tranfaction, to the beft of his knowledge and belief; and in case any difpute thall arife whether fuch purchase by the owner was not made by collufion, or in order to leffen the full

a

fum

fum appointed by this act to be paid, or concerning the fairness
of such transaction, then, and in such cases, the proof thereof
thall lie upon the perfon acting as auctioneer; and on failure
therein, or in cafe of any unfair practice, then no fuch allowance
fhall be made as aforefaid; any thing herein contained to the
contrary notwithstanding.

this act fhall ·

not extend.

XIII. Provided always, and it is hereby further enacted by Certain aucti the authority aforefaid, That nothing in this act contained fhall ons to which extend to any fale or fales, by way of auction, of eftates or 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 faid court of exchequer; or by any order or decree of the courts of great feffions in Wales, or by any order or decree of the court, of feffion or exchequer in Scotland refpectively; or to any fuch fales made by the East India company, or the Hudson's Bay company; or by order of his Majesty's commiffioners for the duties of customs or excife; or by order of the board of ordnance, or commiffioners of the navy or victualling offices; nor to the fale by auction of any goods diftrained for rent, or for nonpayment of tithes ; any thing herein-before to the contrary notwithstanding.

XIV. Provided alfo, That nothing in this act contained Not to extend hall extend to any auction to be held, on the account of the to auctions for granting lord or lady of any manor, for the granting any copyhold or copyhold or cuftomary meffuages, lands, or tenements, for the term of a cuftomary life or lives, or any number of years; or to any auction to be lands, &c. held for the letting or demifing any meffuages, lands, or tenements, for the term of a life or lives, or any number of years, to be created by the perfon or perfons on whofe account fuch auction fhall be held; or to the fale or fales 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 fale of any materials used in the working of fuch mines or quarries respectively; or to the fale of any cattle, and live or dead ftock, or unmanufactured produce of land; fo as fuch fale or fales of woods, coppices, produce of mines or quarries, cattle, corn, stock, or produce of land, be made whilst they continue on the lands producing the fame, and by the owner or owners of fuch lands, or proprietor or proprietors of, or adventurer or adventurers in, fuch mines or quarries refpectively, or by his or their fleward or agent, ftewards or agents; any thing herein contained to the contrary notwithstanding.

XV. Provided alfo, and it is hereby further enacted by the Neither this authority aforefaid, 'That nothing in this or in the faid ercited act nor the act contained fhall extend, or be conftrued to extend, to charge former act to extend to any with the faid rate or duty, any eftate, goods, or chattels, fold fale under a at auction, under the authority of any theriff or under-fheriff, theriff's aufor the benefit of creditors, in execution of any judgement had thority for the or obtained; or any eftate or effects of bankrupts, fold by order benefit of creditors; nor to of the affignee or affignees under any commiffion of bank- effects of bankruptcy; rupts fold by

X 3

order of affig ntes, &c.

After July 5. 1779, auctioneers felling any effects,

&c. feized by

a theriff in ex

thereof in the

catalogue to be delivered by them,

which fhall be certified by the theriff, &c.:

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 faid colonies or plantation, on the first sale of such goods, by or for the account of the original importer to whom the fame were configned, and by whom they were entered at the customhouse at the port of importation, fo as fuch fale be made within twelve months after fuch goods fhall be fo imported; nor to any fhips, or other tackle, apparel, and furniture, or the cargoes thereof, which may be taken and condemned as prize, which fhall be fold in this kingdom, by or for the benefit of the captors thereof; nor to charge with the faid rate or duty any fhips or goods that may be wrecked or ftranded on the coafts of this kingdom, and fold by auction for the benefit of the infurers or proprietors thereof, or which may be fold, free of duty, to defray the charges of falvage; nor to charge with the faid rate or duty any goods damaged by fire, and fold by order of and for the benefit of the infurers of fuch goods; nor to fales made by trustees chofen in pursuance of an act, made in the twelfth year of the reign of his prefent Majefty, intituled, An act for rendering the payment of the creditors of infolvent debtors more equal and expeditious; and for regulating the diligence of the law by arrestment and poinding; and for extending the privilege of bills to promissory notes; and for limiting actions upon bills and promiffory notes; in that part af 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 practifed by auctioneers felling eftates, goods, or chattels, under the authority of theriffs, or their under-fheriffs, or under the order and direction of the affignees under any commiffion of bankruptcy; be it further enacted by the auecution, thall thority aforefaid, That, from and after the faid fifth day of enumerate the July, one thousand seven hundred and feventy-nine, every particulars auctioneer who fhall fell at auction any eftates, goods, or chattels, that have been feized by any theriff or under-fheriff, or by their authority, and by them, or either of them, taken for the benefit of creditors, in execution of any judgement had and obtained, fhall fpecify and enumerate, in the catalogue by hin 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 fuch execution; and the sheriff or under-fheriff respectively shall, and they are hereby required to fubscribe and fign every fuch catalogue, and to certify, at the foot thereof, that all and every the eftates, goods, and effects in fuch catalogue refpectively specified and enumerated, were realy and truly the property of the perfon against whom fuch judgement. was had and obtained, and that the fame, and every part And auctio- thereof, were actually feized in execution of the fame judgeneers employment; and every auctioneer who fhall be employed, by the ed to fell the affignees under any commiffion of bankruptcy, to fell the effects bankrupt, fhall of any bankrupt, fhall likewife fpecify and enumerate in the

effects of any

catalogue