Auctioneers Act 1862 (SA)

ANNO VICESIMO QUINTO ET VICESIMO SEXTO

VICTORILE REGIN&.

A. D. 1862.

No, 9,

An .Act to regulate &?ales by Auction.

[Assented to, 21st October, 1862.1

HEREAS it is expedient to amend the law relating to Sales by Prwnble.

W Auction-Rr it therefore Enacted, by the Governor-in-Chief	of the Province of South Australia, with the advice and consent of
the Legislative Council and House of Assembly of the said Province,
in this present Parliament assembled, as follows:
repealed, save so far as is necessary to give validity to all licences No. 6, 1848. 1. The Ordinances mentioned in the Schedule hereto are hereby R9peal No. Q, 1843;
granted and acts donc in pursuance thereof respectively, to enable any penalty to be imposed, enforced, or recovered, or any punish- ment to be inflicted for any offence against the repealed Ordinance No. 9, of 1843, and also save so far as such Ordinance repeals any other Ordinance.

which licence shaU be set forth2f;e true n a ~ X ~ E ~ I; ; ~ u X n e s s

2. No person who shall exercise the trade or business of an Auc- Auctio~eeremmt be

tioneer or Seller by Commission, at any sale of any estate, horses, h,,,b,	licensed acaording
cattle, goods, or effects whatsoever, by outcry, knocking down of
hammer, or any other mode of sale at auction, or whereby the highest
bidder becomes the purchases, or tcho, not being an auctioneer's
clerk licensed as hereinafter mentioned, shall act h the capacity of
an auctioneer shall deal in, sell, or put up to sale, any estate, horses,
cattle, goods! or effects whatsoever, by public sale or by way of
auctim as aforesaid, without sreviouslv having obtained a town or

country licence in that behalf: in ma&er hereinafter mentioned, in -& -4-

of the person taking out the same, and upon taking out such licence,

TOW licence 6%. paying down for the same the sum of Twenty-five Pounds sterling

co~ntryi icen~e $10, if for a town licence, and the sum of Ten Pounds sterling if for

a country licence.

Persona employed to 3. Every person employed to sell by auction any of the Waste

sellGroye*mentpro- or authorized Lands of the Crown, or Crown Lands, or any estate or interest

G%V to make ula, therein respectively, or any goods, chattels, or other property of the exempted. Crown, and every person expressly authorized by any law to make

any sale by auction, shall, so far as the sales which he may as afore- said be employed or authorized to make, be exempted from the operation of this Act,

Cedcatesoflicencea 4. Every person who shall be desirous of obtaining an Auctioneer's

tObe0btai9"d. @p licence (oiher than such as are licensed accord~ng to the pro-

of the Ordinances hereby repealed) shall apply fi r 'the

same to the Local Court, nearest t~&*pJ place ef residence, - _- at a Court of Full Jurisdiction, and shall lodge such application with the Clerk of the siLid Court at least one week before the day of meeting,

and the Magistrates present, if&e~ b -.-W that such applicant

is a fit and proper person, shall deliver to su& applicant a certificate under their hands to that effcct, and upon presenting such certificate (or in the case of Auctioneers holding licences in force at the passing hereof, on presenting such licence) to the Collector of Internal Revenue at the Treasury in Adelaide, or other propex officer in that - behalf duly appointed, and upon payment of the licence fee or sum hereinbefore prescribed, such Collector or proper officer shall issue and deliver to the person so applying such a licence as is required

hp this Act.

NO

unoertificatea in- 5. No person adjudicated an insolvent, ahall, unless such adjudi- licence, until he shall receive a certificate under the provisions of the laws, for the time being, in force within the &id Province

solvent to receive a

Iieence or renewal of	cation be annulled, be entitled to receive a licence or renewal of a
lioence.
respecting insolvency.

m e e t of bwn lioence	6.	A town licencc shall authorize the person holding	the same to
and of country

licence.	act as an auctioneer anywhere in the said Province, but a country
licence shall only a11 t,horize. the person holding the same to act as an auctioneer at any place in the said Prcavince upwards of ten miles from the City of Adelaide; and every licence issued under this Act shall continue in force for a year from the date thereof unless such licence be a renewed licence; and in such case it shall continue in force for a year dtcr the expiration of the last pre- ceding licence, whether such preceding licence shall have expired at the time of the granting of the renewed licence or not.
Partnemhip licenoe~.	7. When more than two persons in partnership as Auctioneers, constituting bm& JFde and in fact one firin, and having or proposing to have a place of business as Auctioneers within the City of Adelaide, or in some place within ten miles thereof, either with

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or without additional places of business in the same capacity in the country districts, shall apply in manner aforesaid to be licensed as partners, the proper officer shall, on compliance with the provisions hereof and on payment of Twenty-fire Pounds each by two of the partners for their licences, issue partnership licences to the other member or members of such firm on payment of the sum of Ten Pounds each.

8. NThen any such Auctioneer shall apply for a licence to ~ ~ c t i o n ~ " cledm

authorize his known clerk to act in his stead at sales by auction,

the proper officer shall issue such a licence accordingly on payment

of the annual sum of Ten Pounds sterling in addition to the licence- money payable by such Auctioneer as aforesaid: Provided always that in every such case such Auctioneer shall from time to time as occasion may require enter the name of such clerk at the office of the Collector of Internal Revenue, who shall register the same on payment for every such registration of a fee of Ten Shillings.

9. Every person who shall take out any such licence as aforesaid is Renewal~l of licences.

hereby required, if he desires to continue in business as an Auc- tioneer, to take out a fresh licence, ten days at least before the expiration of twelve calendar months after the taking out the first licence, and in the same manner to renew every such licence from

ycar to year, paying the same regulated dues for cvcry renewed

licence; and the Collector of Ilacrnal Revenue, or other proper officer appointed in that behalf, shall, on the due.application of the holder of a liceace for any current year, issue and deliver to the person so applying, a fresh licence in renewal of the then sub- sisting liceilcc of such person; but if any person licensed under this Act shall not renew his licence in manner aforesaid, and shall aftcr- wards desire to renew the same, i t shall be lawful for, but not obli- gatory on, such Collector or other officer to require such a certificate as ~vould have been necessary if such person were then for the first time applying to be licensed.

10. If any person shall act as an Auctioneer without a valid and Penaltien.

subsisting liccnce authorizing him in thai behalf, every sucFerson

shall be liablc for cvery such offence to forfeit and pay any sum not exceeding One Hundred Pounds, and to be imprisoned with or without hard labor for any period not exceeding three calendar months.

11. All offences a ainsLthis Act, or against the hereby repealed Mode ofpxoeding.

Ordinance No. -----&l 9, of F43, whether committed before or after the

commencement of this Act, shall bequnished .- .-- - and all fines and

penalties under either the said Ordinance or this Act shall be recover- able upon summary conviction before two Justices of the Peace for the said Province.

12. Any person may lay informations for any such offences.	mstionr.
W ~ O may lay infor-

Appeals. 13. Every person aggrieved by any conviction u ~ d e r this Act, or

any informant whose information under this Act may have been dismissed, may appeal to the Local Court of Adelaide of Full Jurisdiction; and the proceedings on such appeal shall be con- ducted under the provisions of the Ordinance No. 6, of 1850, " To facilitate the performance of the Duties of Justices of the Peace out of Sessions with respect to Summary Convictions and Orders;" but the said Local Court may make any order as to the costs of such appeal, although such costs may exceed Ten Pounds.

Appropriation of 14. The money arising by all such fines, penalties, and forfeitures shall be appropriated to Her Majesty, Her heirs, and successors, for the public uses of the said Province and support of the Government thereof.

penalties.

Bhort title. 15. This Act may be cited as The Auctioneers' Act, 1862."

In the name and on behalf of the Queen I hereby assent to

this Act.

D. DALY, Governor.

SCHEDULE.

SCHEDULE.

Reference to and Date of

Ordinance. Title of Ordinance.

l - I--

1843, No. 9. NOV. 1, An Ordinance further to regulate Sales by Auction

1848, NO.

6. Au,wt 2, An Ordinance to amend an Ordinance ( le t November, 1843, No, 9)

1

1848

further to regulate S d e e by Auction

5- ~-

Adelaide : Printed by authority, by W, C, Cox, Government Aintsr, Yiotoriw-square.

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