Licensed Auctioneers Act 1847 No 16a (NSW)

No. XVI.

An Act to regulate the licensing of Auctioneers

and the collection of Duties on Proper ty sold

by them. [31st August, 1847.]

2. A n d be it enacted That from and after t he first day of January one thousand eight hundred and forty-eight no person whatever who a t any t ime or t imes thereafter shall exercise the t r ade or business of an auct ioneer or seller by commission a t any sale of any estate goods or effects whatever by outcry knocking down of h a m m e r candle lot

WH E R E A S by a cer ta in Act of t h e Governor and Council of New South "Wales passed in t he n i n t h year of t h e re ign of H i s la te

Majesty K i n g George t he F o u r t h in t i tu led " An Act to regulate the

" licensing of Auctioneers and the collection of Duties on Properly sold

" by Auction" cer ta in duties were imposed on all l icenses thereby required to be t aken out by persons who should exercise t he t r ade or business of an auct ioneer and on the purchase-money of th ings sold by auct ion A n d whereas it is expedient to repeal t he said Ac t and to m a k e other provision for the bet ter regula t ion of sales by auct ioneers Be it therefore enacted by H i s Excel lency the Governor of N e w South W a l e s wi th the advice and consent of t he Legislat ive Council thereof T h a t from and after t h e thirty-first day of December one thousand eight hund red and forty-seven the said recited Act shall be and t h e same is hereby repealed.

lot parcel or any o ther mode of sale by auct ion or whereby the h ighes t bidder is deemed to be t h e purchaser or who shall ac t in t h e capaci ty of an auct ioneer or seller by commission as aforesaid shall deal in sell or p u t u p to sale or re-sale any es ta te goods or effects whatsoever by publ ic sale or by way of auct ion as aforesaid wi thou t previously hav ing t aken out a license in m a n n e r and form hereinafter directed in which shal l be set forth t he t r u e n a m e and real place of abode of the person t ak ing out t h e same and every such license shall e i ther be a Genera l License which shall be in t he form in t he Schedule m a r k e d A for all p a r t s whatever of t h e Colony inc lud ing the City of Sydney and Town of Melbourne and for which the sum of fifteen pounds shall he paid by the person t ak ing out t he same or a Dis t r ic t License in t h e form in t he Schedule m a r k e d B which shall be in force for t h e police district only for which the same shal l be t aken out and for which the sum of two pounds shall be paid Provided always t h a t no person shall be allowed under t h e provisions of th i s A c t to act as auct ioneer in t he police distr icts of Sydney and Melbourne respectively who shall not have t a k e n out a general license as aforesaid and t h a t all such licenses respectively shall be in force un t i l t he first day of J a n u a r y nex t after the t ime the same shal l have been t a k e n out unless sooner forfeited and t h a t no greater s u m be payable upon such licenses respectively t h a n for the propor t ionate period of t he year t h e same may have to r u n calcula t ing for t he whole of t he year at t h e respective rates herein­

before ment ioned.
3 . A n d whereas i t is expedient t h a t t he character of every

person apply ing for a license unde r t h i s Act should be carefully ascer­ ta ined Be it enacted Tha t every person who shall be desirous of obtain­ ing an auct ioneer 's license shall on or before the first Tuesday in t he m o n t h of November in every year deliver to the Clerk or t he person officiating as Clerk of t he Pe t ty Sessions for the city town place or police district wi th in which such person shall reside a notice in wr i t ing of his in t en t ion to apply for t he same which notice shall be in t h e form or to the effect of t he form in t h e Schedule to th is Ac t annexed m a r k e d C and shall conta in t h e names residences and addit ions of two or more sufficient sureties.

4. A n d be i t enacted Tha t t he Clerk of every such P e t t y Sessions as aforesaid or t h e person officiating as such shall cause a list of the names of all such appl icants toge ther wi th the i r places of abode respectively and the names of the i r proposed sureties together w i th

Tuesday in t he said m o n t h of November in some conspicuous place the i r respective places of abode to be posted u p on or before t h e t h i r d

inside and also outside every Police Office a t which such P e t t y

Sessions shall be held and t h e same to be kep t so posted u p un t i l after

t he day of the a n n u a l l icensing meet ing hereafter ment ioned.

5. A n d be i t enacted Tha t t h e Clerk of P e t t y Sessions ac t ing

for such l icensing distr ict shall cause a notice of each a n n u a l l icensing mee t ing to be inser ted at least one calendar m o n t h before t h e ho ld ing thereof in the New South Wales Government Gazette and t h e Port Phillip Government Gazette respectively and also to be affixed to t he door of the Cour t H o u s e in which the same is appoin ted to be holden b u t no omission or i r regular i ty in any such notice shall affect t he au thor i ty vested in any a n n u a l l icensing meet ing held conformably in other respects to t h e provisions of th i s Act .

6. A n d be i t enacted Tha t a general meet ing to be called t h e annua l meet ing for t he l icensing of auct ioneers of t h e Jus t ices for or usual ly residing in each police distr ict of t he Colony in which P e t t y Sessions shall be held shall be holden in thei r respective Cour t Houses or u sua l places of mee t ing on the four th Tuesday in t h e m o n t h of November in every year for t he special purpose of t a k i n g in to con­

siderat ion

sideration appl icat ions for such licenses as aforesaid and any two Jus t ices shal l be sufficient to const i tute such meet ing Provided always t h a t whenever the re shall no t he two Jus t ices resident in any district where such meet ing shall b e h e l d then any one Jus t i ce so resident shall be sufficient to const i tu te such meet ing .

7. A n d b e i t enacted Tha t it shall be lawful for t h e Jus t i ce or

Jus t i ces a t t end ing such mee t ing to adjourn the consideration of all or any of t h e applicat ions b e f o r e t h e m from the day of such annua l l icensing mee t ing to such other day or days as t he said Jus t ice or J u s ­ tices shall from t ime to t ime agree upon Provided always t h a t such ad journments do no t in the whole exceed one calendar m o n t h from the day appointed for the said annua l l icensing meet ing .

8. A n d be it enacted Tha t whenever a t any annua l l icensing

mee t ing to b e holden in any police district as aforesaid or any adjourn­ m e n t thereof two Jus t ices usual ly residing in such district shall n o t be present by one of the clock of t h a t day a t t he Cour t H o u s e or other place appointed for t he mee t ing it shall be lawful for any one Jus t i ce res ident in such district being present to adjourn or further adjourn t he said meet ing for one week (any l imi ta t ion hereinbefore prescribed to t he cont ra ry no twi ths tanding) and to give notice of such adjourn­ m e n t to all o ther Jus t ices resident in such distr ict and if a t such adjourned mee t ings there shall not be present by one of t he clock of t he day fixed for the adjournment two Jus t i ces usual ly resident in such distr ict it shall be lawful for such Jus t i ce to do all such acts as an annua l l icensing meet ing is by th is Act empowered to do.

9.    A n d be it enacted T h a t every such a n n u a l l icensing meet ing

and every ad journment thereof shall be held in open Cour t and every considerat ion of any applicat ion the rea t shal l be deemed and t aken to be a judic ia l proceeding and tha t it shall be t he du ty of t h e Jus t i ce or Jus t ices a t t end ing such mee t ing to refuse a license to any appl icant of bad or doubtful character .

10.    A n d h e it enacted Tha t i t shall be lawful for t h e Jus t i ce or

Jus t i ces assembled a t and forming such a n n u a l l icensing meet ings to g ran t to such persons as shall be approved by such Jus t ice or Jus t ices or t h e majori ty of t h e m certificates au thor iz ing such licenses as aforesaid in t h e form in t h e Schedule he reun to annexed marked D Provided always t h a t before t he Jus t i ce or Jus t ices shall deliver to any applicant for a l icense any certificate to author ize t he issue thereof every appli­ cant shall en ter in to a bond in the form or to t h e effect of t h e form in
t he Schedule he reun to annexed marked E to H e r Majesty H e r He i r s
and Successors wi th two or more sufficient sureties to t he satisfaction
of such Jus t i ce or Jus t ices in m a n n e r following ( that is to say) himself in the s u m of five hundred pounds and his suret ies in the sum of two h u n d r e d and fifty pounds each t h a t he shall and will deliver every account of t h e sales by h im made and also m a k e paymen t of all and every sum and sums of money ar is ing or becoming due for the duty payable for or in respect of all such sales in t he m a n n e r herein­ after directed and otherwise duly conform to all t he enac tments conditions and provisions of th i s Ac t on his behalf to be observed.

1 1 . A n d be it enacted Tha t t he Jus t i ce or Jus t i ces by w h o m any

such certificates a s aforesaid shall be g ran ted by v i r tue of th i s Act shal l w i t h i n fourteen days after t h e g ran t ing thereof t r a n s m i t t o the Colonial Treasurer for t he t ime being or to such other person or persons as may b e appointed b y the said Governor for t h e purpose of issuing licenses under this Act a list signed b y the Jus t i ce or Jus t ices g r a n t i n g t h e same specifying t h e names and residences o f a l l the persons t o w h o m any such certificates shall have been so granted and of their respective sureties.

12. A n d be i t enacted Tha t every such certificate as aforesaid shall be nu l l and void unless t he same and the sum requi red to be pa id for such license be lodged in t he office of t he Colonial Treasurer or of such other person or persons aforesaid as m a y be appointed by t h e said Governor in t h a t behalf on or before t he thir ty-f irs t day of December nex t ensu ing each a n n u a l l icensing mee t ing and t h e said Colonial Treasurer or other person as aforesaid shall and he is hereby author ized and requi red for thwith after t he receipt of every such certificate to issue and register in his office a general or district license as aforesaid upon paymen t be ing made to t he said Colonial Treasurer or other person as aforesaid of t h e sums hereinbefore respectively ment ioned.

13 . Provided however and be i t enacted Tha t no twi ths t and ing

default in lodging any such certificate or in paymen t of t h e sum requi red as aforesaid whereby such certificate shall become void i t shall nevertheless be lawful for t h e Governor of t he Colony upon representa t ion to h im made of t he c i rcumstances occasioning such default to direct t he issue of t he license for which such certificate shall have been gran ted on paymen t of not more t h a n five pounds in addi t ion to the sum payable as hereinbefore ment ioned Provided always t h a t such paymen t be made wi th in one calendar m o n t h of the t ime hereinbefore l imited for payment of t he money for such license as aforesaid.

14. A n d be i t enacted Tha t whenever i t shall appear to a majori ty of t he ent i re n u m b e r of Jus t ices residing wi th in any city town or police district in P e t t y Sessions assembled or any th ree of t h e m if such major i ty shall be more t h a n th ree t h a t any injustice or mater ia l in jury of a publ ic na tu r e will be occasioned by delay in t he g ran t ing of any license unde r th i s Ac t u n t i l t h e nex t annua l mee t ing for t he l icensing of auct ioneers i t shal l be lawful for such Jus t i ces if t hey shall in the i r discretion t h i n k fit to g ran t at any period of t he year t h e certificate requi red unde r th i s Ac t signed by all t h e Jus t i ces as aforesaid au thor iz ing the issue of a license and upon the recogni­ zances requi red by th is Act being duly entered in to t h e Colonial Treasurer or o ther person author ized as aforesaid shall issue the license applied for t o cont inue in force un t i l the first day of J a n u a r y nex t ensu ing unless sooner forfeited.

15. A n d be it enacted Tha t t h e Colonial Treasurer of t h e said Colony or such other person or persons as m a y be appoin ted for t he purpose of issuing licenses unde r th is Ac t as aforesaid shall cause a	list of t he names of all persons duly licensed under t he au thor i ty of th i s
Ac t together w i th the i r places of abode respectively and the names of
the i r suret ies and specifying also t he description of license granted and in t he case of district licenses the police distr icts for which licenses have been gran ted to t h e m to be publ ished in t he Government
Gazette or t he Port Phillip Gazette respectively wi th in one m o n t h
after such person or persons shall be so duly licensed as aforesaid.
16. A n d be i t enacted That from and after t h e commencement of th is Ac t there shall be raised levied collected and paid in such m a n n e r as hereinafter is ment ioned to H e r Majesty H e r H e i r s a n d Successors for t he purposes of the General Revenue of t he said Colony for and upon all m a n n e r of sales by way of auct ion as aforesaid wi th in t h e said Colony t h e ra te and du ty of ten shil l ings for each and every one hundred pounds of t he purchase money ar is ing by sale by auct ion of all p roper ty of every description whether real or personal and the said ra te and du ty shall be paid by every such auct ioneer or seller by commission out of t he moneys ar is ing a t each and every such sale by auct ion as aforesaid and t h e said ra te and du ty shall be chargeable in propor t ion to t he r a t e aforesaid for any lesser or greater sum t h a n one

h u n d r e d

hundred pounds of t he purchase money ar is ing or to arise by sales by
auct ion.

17. Provided always and be it enacted Tha t all sales effected by any licensed auctioneer or by any agent or other person act ing for or u n d e r t h e au thor i ty of such auct ioneer dur ing the t ime his l icense shal l be in force shall be deemed to be sales by auct ion wi th in t h e mean ing of th i s Ac t so as to render t he same liable to the paymen t of du ty thereon and to all o ther t h e provisions of th is Act applicable to sales by auct ion and no twi ths tand ing tha t any such sales may be effected by p r iva te barga in or contract .

18. A n d be it enacted T h a t t h e said r a t e and du ty by th is A c t imposed shall be and is hereby declared to be a charge upon every auct ioneer or seller by commission immedia te ly from and after the knock ing down of t he h a m m e r or other closing of every sale by auction or by pr iva te barga in or contract as aforesaid and t h a t the said r a t e and duty so charged shall be paid by every such auct ioneer or seller by commission in m a n n e r and at the t imes hereinafter ment ioned .

19. A n d be it enacted Tha t each and every auct ioneer as afore­ said shall and he is hereby required wi th in th i r ty days after t he expi­

ra t ion of every calendar m o n t h to deliver or cause to be delivered to t he said Colonial Treasurer for the t ime being or at his office or to such o ther officer as shall from t ime to t ime be appointed as aforesaid to receive t he same an exact and par t icular account in wr i t ing of t he to ta l a m o u n t of each and every sale whether by auct ion or pr ivate ba rga in or cont rac t as aforesaid and of t he several articles lots or parcels w i t h t he price at which every such art icle lot or parcel shall have been sold a t all such sales respectively which shall have been had and holden or effected by such auctioneer or by his agent or other person act ing for or under his au thor i ty as aforesaid dur ing the said m o n t h toge ther wi th the t ime or t imes when and the place or places where such sale or sales shall have been had and holden or effected and every such auct ioneer shall at t he same t ime m a k e paymen t to t he said Colonial Treasurer or other officer appointed as aforesaid of all such sum and sums of money as shall be due and payable to H e r Majesty in pu r suance of and according to t he t r u e in ten t and mean ing of th i s Act which sum or sums of money such auct ioneer is hereby authorized and empowered to re ta in out of the proceeds ar is ing by such sale or deposit made at such sale or otherwise to recover t he same by action of law against t he person or persons by whom	such auct ioneer shall have been employed or on whose account such	goods shal l have been so sold and every such auct ioneer or person
ac t ing as an auct ioneer at any such sale or sales shall make oath to t h e t r u t h of each and every such account before t he said Colonial Treasurer or other officer appointed as aforesaid or before any Jus t i ce of t he Peace who are hereby respectively authorized to adminis ter t h e same and in case any such auctioneer shall neglect to deliver in his account a t t he t ime and in t he m a n n e r aforesaid or to m a k e paymen t of the rates and duties as herein directed or if it shall appear t ha t t he account delivered in by such auct ioneer is not a t r u e and jus t account or t h a t t h e said auctioneer has acted contrary to t he t r u e in ten t and mean ing of this Act it shall a n d m a y be lawful for the said Treasurer or other officer appointed as aforesaid to cause the bond or bonds of such auct ioneer and his suret ies to be pu t in suit and in case of a j u d g m e n t being the reupon had agains t the defendant such license shall thenceforth become void to all i n t en t s and purposes and such auct ioneer shall be and he is hereby declared to be for ever after disqualified for holding any license as an auct ioneer unless it should appear to the satisfaction of t he Court

or

or J u d g e before w h o m t h e t r i a l of such bond shall have been h a d t h a t

no fraud or wilful delay cont rary to t he t r u e mean ing of th i s Act was in tended by such auct ioneer and a certificate to such effect shal l be granted by such Cour t or J u d g e respectively.

20. A n d whereas i t may sometimes happen t h a t sales of estates or goods whe ther effected by auct ion or p r iva te barga in or cont rac t as

aforesaid m a y be rendered nu l l and void by reason t h a t t h e person or persons for whose benefit t he same shal l be sold had no t i t le to or no r igh t t o dispose of t he same Be i t therefore enacted Tha t if any such sale of any estate goods or effects shal l be rendered void by reason t h a t t he person for whose benefit t he same was or shall be sold h a d no t i t le t o t he same or no r igh t to dispose thereof t hen and in every such case i t shall and m a y be lawful for t he auct ioneer who shall have paid t he d u t y for t he es ta te goods or effects so sold or for t he person or persons for whose benefit the same was so sold to apply to the said Colonial Trea­ surer for t h e t ime be ing or o ther officer appointed as aforesaid to refund t h e du ty so paid and provided such applicat ion be made wi th in one year from the date of t he sale by auct ion then t h e said Colonial Treasurer or officer so appointed as aforesaid shall and is hereby requi red to hear and invest igate all such appl icat ions and examine the witnesses upon oa th who shall or may be produced on the p a r t of t h e pa r ty or par t ies m a k i n g such applicat ion which oa th t h e said Colonial Treasurer or other officer appointed as aforesaid is hereby empowered to adminis ter and there­ upon to repor t t he case to t he said Governor or ac t ing Governor who upon being satisfied as to t he jus tness of t h e applicat ion may order t h e a m o u n t of du ty which shall have been so paid as aforesaid to be refunded and paid to such auct ioneer or such other person on whose behalf t he same shall have been originally paid to such Colonial Treasurer or o ther officer appointed as aforesaid any th ing in th i s Ac t

to t he contrary no twi ths tand ing .

21 . Provided also and be i t enacted Tha t no th ing in th i s A c t

contained shall be construed to al ter change de termine or m a k e void any o ther condit ion cont rac t covenant or agreement whatever be tween any buyer or seller b y auct ion or any other person touch ing t h e pay­ m e n t of any of t he ra tes or duties hereby respectively imposed so as t h e same do no t ex tend to the lessening or aba tement of t h e full sum appointed by th is Act to be raised levied collected and paid as is herein­ before ment ioned and directed a n y t h i n g conta ined in th i s A c t or in

such cont rac t covenant or agreement to t h e cont ra ry no twi ths tanding .

22. A n d provided fur ther and be i t enacted T h a t n o t h i n g in

th i s Ac t shall ex tend or be cons t rued to ex tend to charge w i t h t h e

said dut ies any proper ty sold by auct ion by order of t he Governor of t h e Colony or of t h e Super in tenden t of P o r t Phi l l ip for t h e t ime be ing respectively or any es ta te goods or chat te ls sold a t auct ion by or unde r t he au thor i ty of t h e Sheriff or U n d e r Sheriff of t h e said Colony or of t he Commissioner of any Cour t of Reques t s or Cour t of P e t t y Sessions for t he recovery of small debts for t h e benefit of creditors in execut ion of any j u d g m e n t had or obtained or to be had or obtained nor to a n y sale or sales by way of auct ion of estates or chat tels m a d e by or u n d e r any ru le order or decree of t h e Supreme Court of t h e said Colony in pursuance of i ts equi table jur i sd ic t ion nor to t h e sale b y auct ion of a n y an imal impounded in t e rms of law or of any goods dis trained for r en t or a r rears of r en t a n y t h i n g in th i s A c t conta ined to t he

con t ra ry no twi ths tand ing .

23 . A n d for t he be t te r a n d more effectual prevent ion of frauds

which m a y be practised by auct ioneers selling estates goods or chat tels u n d e r t he au thor i ty of t he Sheriff of t he said Colony the Commissioner of any Cour t of Reques t s or Cour t of P e t t y Sessions for t h e recovery of Smal l Debts or unde r t he order or decree of t h e said Supreme Cour t

Be

Be it enacted Tha t every auct ioneer who shall sell any es ta te goods or chat te ls t h a t have been or shall be seized by the Sheriff or by his au tho r i t y and by h im t aken for t h e benefit of creditors in execut ion of any j u d g m e n t h a d and obtained or to be had and obtained whe the r such sale be effected by auct ion or p r iva te ba rga in or cont rac t as aforesaid shal l specify and enumera t e in the cata logue as well as in t he m o n t h l y accounts by h im to be delivered unde r t h e provisions of

t h i s A c t t h e exact sum to be levied u n d e r such execut ion as also t h e

pa r t i cu la r estates and effects to be sold toge the r w i th t h e t ime and place w h e n and where such effects were sold and the exact a m o u n t bid or offered at all such sales respectively and t h e Sheriff or his U n d e r Sheriff t h e Mas te r in E q u i t y of t he Supreme Cour t and the Reg i s t ra r s of t h e Cour ts of Reques t s and Small D e b t s Cour ts shall and are hereby required to subscr ibe and sign every such cata logue and to certify a t t h e foot thereof t h a t all and every the es ta te goods and effects sold a t such sale and in such cata logue respectively specified a n d enumera t ed were really and t ru ly t he p roper ty of the person against w h o m such j u d g m e n t was had and obtained and tha t t he same and every p a r t thereof were actual ly seized in execut ion of t h e same j u d g m e n t which ca ta logue so signed and certified as aforesaid shall be produced by every such auct ioneer to the Colonial Treasurer or o ther officer appo in ted as aforesaid before such auct ioneer shall be pe rmi t t ed to pass his accounts or have t he same allowed and if the said Sheriff or U n d e r Sheriff respectively t he Mas te r in E q u i t y of t he Supreme Cour t or t he Reg i s t r a r s of t he Cour ts of Reques t s or Small Debts Cour ts shall insert or suffer or permi t to be inser ted in any such catalogue so to be subscribed signed and certified as aforesaid any s u m or sums as bidden or offered for any es ta te goods chat te ls or effects whatsoever other t h a n such as were really and t ru ly t h e p roper ty of the above debtor or debtors or if t he Sheriff or U n d e r Sheriff the Mas te r in E q u i t y of t h e Supreme Cour t or t he Reg i s t r a r s of t he Cour t s of Reques t s or

Smal l D e b t s Cour ts shall omit or neglect to cert ify on such catalogue

t h e t r u e s u m to be levied or shall certify thereon any false s u m then and in every such case the pa r ty offending shall for every such offence forfeit a n d pay a pena l ty or s u m of no t less t h a n five pounds nor

more t h a n t w e n t y pounds .

2 4 A n d whereas m a n y frauds are commit ted and stolen a r t i ­

cles disposed of by means of auc t ions carried on a t n igh t Be it

wha tever who a t any t ime or t imes thereaf ter shal l exercise t he t rade	enac ted Tha t from and after the commencement of th i s A c t no person
or business of a n auc t ioneer or seller by commission a t any sale of any es ta te goods or effects whatsoever by outcry knock ing down of h a m m e r candle lot parcel or any o ther mode of sale by auct ion or whereby t h e h ighes t b idder is deemed to be the purchase r or who shall act in the capacity of any such auct ioneer or seller by commission as aforesaid shall deal in sell or p u t u p to sale or resale any es ta te goods or effects whatsoever by publ ic sale or by way of auct ion as aforesaid after sunset or before sunr ise of any day t h r o u g h o u t t he year and every such auct ioneer or seller by commission or person ac t ing in such capaci ty who shall in anywise offend agains t th i s enac tmen t shall for every such offence forfeit and pay a pena l ty or sum of not less t h a n two pounds nor more t h a n fifty pounds and every such penal ty
Or s u m shall and may be recovered in m a n n e r hereinafter provided.
25. A n d be it enacted T h a t if any person shall vend or offer to vend or sell by way of auct ion as aforesaid w i thou t hav ing obtained in m a n n e r and form hereinbefore directed a license in m a n n e r aforesaid such person shall forfeit and pay for every such offence t he s u m of two
h u n d r e d pounds .

F — V O L . 3. 26.

26. A n d be i t enac ted Tha t all fines penal t ies and forfeitures

imposed b y th is A c t which shall exceed t h e s u m of twen ty p o u n d s shal l be recovered by act ion of debt bill or informat ion in t h e Supreme Cour t of t h e said Colony and t h a t all fines penal t ies a n d forfeitures imposed by th i s A c t which shal l no t exceed t h e s u m of twen ty pounds shal l be recovered before any two or m o r e Jus t i ce s of the Peace in a s u m m a r y m a n n e r a n d every such fine pena l ty and forfeiture respec­ t ively shal l if no t paid wi th in six days after j u d g m e n t or conviction be levied by distress and sale of t h e offender's goods and chat te ls a n d for w a n t of sufficient distress by impr i sonment of such offender for any t ime n o t exceeding six ca lendar m o n t h s or u n t i l such fine be paid and t h e

money ar is ing by all such fines penal t ies and forfeitures respectively

w h e n recovered shall be paid t h e one moie ty thereof to H e r Majesty H e r H e i r s and Successors for t h e publ ic uses of t h e said Colony and in suppor t of t h e Gove rnmen t thereof as m a y be appointed b y any Ac t of t h e said Governor and Legislat ive Counci l and the o ther moie ty to a n d for t h e use of such persons as shal l inform or sue for t h e same Provided always t h a t n o t h i n g he re in conta ined shall be deemed or

cons t rued to p reven t H e r Majes ty	H e r H e i r s and Successors from	par­
doning the offender and from	r e m i t t i n g	t h e whole or any p a r t of any

such tine penal ty or forfeiture as to H e r or Them shall seem meet .

S C H E D U L E S	R E F E R R E D	TO.
A.
Form of an Auctioneer's	General	License.

W H E R E A S A. B . of hath deposited in this office a certificate from the Just ices of

the Peace assembled in Pe t t y Sessions at on the day of in

the year of our Lord one thousand eight hundred and [or a single Jus t ice as the case may be] authorizing the issue to the said A. 13. [under and by virtue of the Act of the Governor and Council passed in the eleventh year of the reign of Her present Majesty inti tuled "An Act to regulate the licensing of Auctioneers and the collection of Duties on Property sold by them"] of the License in the said Act called an Auctioneer's General License for all parts of the Colony in New South Wales including the Police Districts of the City of Sydney and Town of Melbourne and stat ing tha t the said Just ices or Just ice have taken from the said A. B . and two sureties the recognizance required by the said Act And whereas the said A . B . hath paid into my office the sum of fifteen pounds sterling or the sum proportionate to the period of the year for which the License shall have to run as

person appointed by the said Governor for the purpose of issuing Licenses under the said

the duty on such License Now I the Colonial Treasurer of the said Colony [or other

Act as the case may be] in vir tue of the powers vested in me by the said Act do hereby license the said A. B. to act as an Auctioneer for all parts of the Colony of New South Wales including the Police Districts of the City of Sydney and Town of Melbourne and this License shall continue in force unt i l the first day of J a n u a r y next provided it be not forfeited in the meantime according to the provisions of the said Act .

Given under my hand and seal a t Sydney this

day of one thousand eight hundred and

A. B . ( L . S . )

Colonial Treasurer

Registered (or other person as the case may be.)

C. D.

B .

Form of an Auctioneer's District License.

W H E R E A S A. B . of hath deposited in this office a certificate from the Just ices of

the Peace assembled in Pe t ty Sessions a t on the day of in

t he year of our Lord one thousand eight hundred and [or a single Just ice as the case may be] authorizing the issue to the said A . B . [under and by virtue of the Act of the Governor and Council passed in the eleventh year of the reign of Her present Majesty

inti tuled

inti tuled "An Act to regulate the licensing of Auctioneers and the collection of Duties on Properly sold by them"] of the License in the said Act called an Auctioneer 's District License for the Police District of only and stating tha t the said Justices or Jus t ice have taken from the said A. 13. and two sureties the recognizance required by the said Act And whereas the said A. B . hath paid into my office the sum of two pounds sterling or the sum proportionate to the period of the year for which the License shall have to run as the duty on such License Now I the Colonial Treasurer of the said Colony [or other person appointed by the said Governor for the purpose of issuing Licenses under the said Act as the case may be] in virtue of the powers vested in me by the said Act do hereby license the said A. B . to act as an Auctioneer for the Police District of and not elsewhere and this License shall continue in force unt i l the first day of January next provided it be -not forfeited in the meantime according to the provisions of the said Act.

Given under my hand and seal at Sydney this

day of one thousand eight hundred and

A. B . ( L . S . )

Colonial Treasurer

Registered (or other person as the case may b e )

C D,

c.

Form of Notice of Application for an Auctioneer's License.

To the Worshipful the Just ices of the Peace acting in and for the District

of in the Colony of New South Wales.

I A. B . now residing at (in the Parish Town or District of

) do hereby give notice that it is my intention to apply to the next Annual Meeting for the Licensing of Auctioneers to be holden for this District for an Auctioneer's General License [or District License as the case may be] I further give notice that I propose C D . of and E . P . of as my sureties to enter with me into the required bond.

Given under my hand this day of 18

E . P.

D .

Form of Certificate by Justices to authorize the granting of a License.

A T the Annual Meeting for the Licensing of Auctioneers (or an adjournment of the

Annual Licensing Meeting or Special Meeting as the case may be) of H e r Majesty's Justices

of the Peace acting in and for the District of holden at on the

day of in the year of our Lord one thousand eight hundred and

pursuant to the Act of the Governor and Council passed in the eleventh year of the reign

Auctioneers and the collection of Duties on Property sold by them" for the purpose of

of Her present Majesty Queen Victoria int i tuled "An Act to regulate the licensing of

considering applications made to us for Licenses pursuant to the said Act we being the majority of the Just ices assembled at 1he said Sessions (or I being the only Just ice present after such adjournment of the said Sessions and notice as required by the said Act or we being the majority of the entire number of the Just ices resident in the said District as the case may bo) do in virtue of the power vested in us (or me) hereby authorize the Colonial Treasurer or other proper officer to issue to A. B . of an Auctioneer's General License (or District License as the case may be) for the year ending on the thirty-first day of December 1 8 And we do hereby certify that the said A . B . is a fit and proper person to be licensed as aforesaid and also that we have taken from the said A. B . and his sureties C. 1 ) . of and E . P . of a bond to Her Majesty Her Heirs and Successors himself in the sum of five hundred pounds and his sureties in the sum of two hundred and fifty pounds each according to the form prescribed in the said Act of the Governor and Council.

Given under our hands (or hand) the day of at the

place aforesaid.

G.	II .	J . P .	( L . S . )
I .	K.	J . P .	( L . S . )

E.

E.

Form of Bond.

K N O W all men by these presents Tha t we	of
in the Colony of New South Wales	and

are severally held and firmly bound unto our Sovereign Lady the Queen in the several
sums hereinafter respectively mentioned and expressed that is to say the said
in the sum of five hundred pounds of good and lawful money of Great Britain and the said

in the sum of two hundred and fifty pounds each of like lawful money to be paid to our Sovereign Lady the Queen and Her Successors for which payments well and t ruly to be made we bind ourselves joint ly and each and every of us by himself severally and respectively our and each and every of our heirs executors and administrators firmly by

these presents scaled with our respective seals and dated this	day of
in the year of our Lord one thousand eight hundred and

Whereas the above bounden has applied for an Auctioneer's

"An Act to regulate the licensing of Auctioneers and the collection of Duties on Property sold by them" and also for his duly and faithfully performing and keeping all and every other order rule and regulation mentioned in and required by the said Act Now therefore the condition of this obligation is such that if the said do and shall duly and faithfully deliver all and every account of sales made by him and well and truly account for and pay over every and all sum and sums of money received by him as duties as aforesaid in the manner and at the times and at the place or places specified in and required by the said Act and also do and shall well and faithfully perform and keep all and every such order rule and regulation mentioned and required in and by the said Act then this obligation to be void otherwise to be and remain in full force and virtue.

General License (or District License as the case may be) and the said by a certain Act of the Governor and Council passed in the eleventh year of the reign of Her Majesty Queen Victoria int i tuled
and have agreed to become his sureties dur ing the time the said License
when issued shall remain in force for his duly delivering over all and every account of sales
made by him and also for his faithfully accounting for and paying over every and all sum

and sums of money received by him as duties on sales for and on account of Her said

Signed sealed and delivered in the presence of