Auctioneers Act 1840 (SA)

W H E R E A S it is expedient to establish replat iom for Licensing

Auctioneers ia the Province of South Awtralia-

BB BT T H R R R P ~ R B ENACTED by His ExceIlenoy Lieutenant-Colonel George

Gttwler Knight of the Royal Hanoverian Guelphic Order Governor and

L'ommandeu-h-Chief of Hor Majesty's Province of South Australia by and

with the adviae ancl consent of the Legislative Comcil thereof as follows:

I. That from a d after the first day of July 1840, no person who shall

exercise the trade or business of an auctioneer of seller by commission at any sale of any estate goods or effects whatsoever by outcry knocking down

of hammer by candle lot parcel or any other mode of sale at auction or

or with any one, of the perrons appointed as aforesaid at least one week shall lodge such application with the Clerk h the srai 1 Bench of Magistrates before

whereby the highest L i d e r is deemed to be the prchaser or who shall act in that capacity sha4 &a1 in sell or put up to sale any estate g o d s or effects whatsoever by public sale or by way of auction asaforesaid without previously

having taken out a license in the manner hereinafter mentioned in which

liceme eeshall be set forth the true name aad real lace of abode of the person or persoar, taking out the same he or they imrne&tdy upon taking out suoh

license pying for the same the sum of fifty poun& sterling and if any person

shall vend or sell by way of auction as aforesaid without taking out such license such pavan &all pay for every such ofknee the sum of one hundred pounds.

IT. And wberem it is expedient that the char6cter of every person appIy-

ing for a license under this act should be carefully ascertained: Be it therefore enacted that every person who shall be desirous of obtaining an

auct ionee~'~ license shall apply for the same in writing to such person or

p e r s m a d at wch time or times as shall be for that urpose appointed by

the h e r n o r fur &kca time being or to the Bench of M" ag~atrates nearest to

his or their uaual place of rwi&nce at any of their uarterly meeting8 and

Idore the clay of their respectivci, meetings and if the persons so appointed as aforesaid or such Bench of :Magistrates two or more 1)einq present shall be satisfied that such applicant 4,s a pcrsoa of unexceptionable character the Chairman or any two Magistrat4s or persons so appointed as aforesaid shall

and is md are hereby authorised- and required to deliver to such applicant a

certificate under his or their l&nd or hands to that effect and upon t h e pmccntation of such certificate tQ the Collector of Interual Revenue of the said Province or to such other officer as the Governor or Acting Goverlior shall from time to time appoint b r that purpose such Collector of Internal Revenue or other officer so appointed shall issue and deliver to the person so applying such a license as is required by this act.

111. And also that every person who shall take out a license as afore- said is hereby required to take out a fresh license ten days at least before the expiration of t w e l ~ e calendar months after taking out the first license before he or they do presume to vend or sell by way of auction as aforesaid and in the same manner to renew every such license from year to year paying

the sum of fifty pounds for each and every nex or renewed license as afor~said

and if any person shall vend or stjll by way of auction as aforesaid without taking out such license or renewiag the same yearly in manner aforesaid such person shall forfeit and pay for every such offence the sum of one hundred pounds.

1V. And whereasit is expedient that all purchasers and parties Lidcling o~ offering to purchase at such public sales should be bound to obserx thc conditions or regulations under which such sales are conducted when duly notified: be it therefore enacted that it shall be lawful for every licensed auctioneer at the commencement of any sale by auction at or immediately I

after the hour fixed for such sale by previous advertisement to publish the co~lditions of sale under which the same shall be conductecl by reading th.? said conditions audibly to the persons present and by posting up a printed or legible written copy tl..ereof is some. conspicuous part of the premises

where such sale takes place and after such publication the said conditions of

sale shall be binding and obligatory an all parties purchasing or bidding or offering to purchase at the sale whether such parties were or were iiot present when the conditions were read: And subject to the proviso aftercnentionccl all sales made in pursuance therjeof shall be valid: and all disputes and differences connected therewith may be heard and determined and all objections claims and demands imposed by or arising out of the same although

exceeding the sum of twenty pounds be recoverable and capable of being enforced by and before the courts of the Resident Magistrates in

manner provided by an act of the Governor in Council passed in t*he first

year of the Reign of Her present Majesty (No. 2.) for establishing such

courts: Anything in the said Act of Ceuncil or in an ,4ct of Parl~ament

passed in the 29th year of the Reign of Charles TT. c. 3 commonly called,

the " Statute of Frauds " to the coatrary notwithstanding Provided always I

that no such claim shall exceed the sum of one hundred pounds sterling or

involve a question relating to real estate or whereby rights in future may be

bound or affected.

GEORGE GAWLRR,

Governor of South Australia.

Passed in Council this Fifth day of June, 1840.

GEORGE HALL,

Clerk of Council.

ADELAIDE : Printed by authority by ROBERT TJXOMAS & CC,

Goveranaegt