Sales by Auctions Act 1843 (SA)

ANNO SEXTO ET SEPTXMO

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Legislative Council. ,

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AN ORDINANCZ furlher to Regulate S a h by Auction .

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WHEREAS	an Act or Ordinance of the Governor of Sonth AUP-------- -	I
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Mia with the aclvick and consent of the Legidativc Council wa0	+ ..I!
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pwed in the Third Ycar of Her Majesty's Rcign intituled " An M viebrir No* 14.

Act to Regulate the Licensing of Auctioneers " and it is expedient	.,	I
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mend and extend the proviaions of the same :	,	..	I
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BE IT THEREFORE ENACTED IOY HIS EXCELLNCY the Governor of :.k

South Auetrnlia with the advice and . eonsenY of the hgislativc Bepiloffons . ,.

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Oouncil thereof	That from and ofter the first day of Deccmber next	:*;;
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the before rccitcd Act ox Ordinance shdl be and the aamc is hereby +r (

repealed and no licenfic takcn out according to thc provisions thereof	. .. .
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8ul be of any forcc or effect : Providcd always that every auction- ha~d& " ' 'i

of aIbth@ L i ~ ~ ~ v o l, i , +. U

@er 80 licensed who shall paid to the Collector of Internal + +'t,# . g

Bevenue or other propcr officer the license money thereby impo~ed i :: l +

O! Fifty Pounds Sterling shall and may rcceive a .~roportiond remi* l ?

* Q O ~	of auch license-money at the ratc of four r d s	sterling for	,	. a: B
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"aJ entire mbnth then remaining unexpircd o the period during

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which	. *
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which any such license would have been in operation if this Ordi-	p" yal:
nance had not been passed which remission the Colonial Treasurer is	ilirec;
hereby authorised and required to pay accordingly on delivery of

such license to be cancelled. IV

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Auction- must bo 11. And be it further enacted that no person who shall exercisc thcbl

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lico-d

bereto. the trade or business of ao A~ictionccr or Seller bp C o i u k n at &ice

any sale of ally estate goods or cffects wliatsoever by outcry to SK

knocking down of 1lat1~11er by candle lot parcel or ally other mode tricts

of sale ,at auction or whcreby thc hig!~est bidder becdmes the pur- the 1

L- J"J-	chaser or who shall act in thnt capacity shall deal in sell or put u p	or in
to sale any estate goods or effects whatsoever by public sale or by

way of tmction as aforesaid yithout previouslv havinp. taken out v4

""not :

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a Town or Country License in manner hereinafter mentioned in

which license shall be sct forth the true name and real place of	havil
abode of the person taking out the same he immediately upon	busil
taking out such license paying down for the same the sum of	ness
Twenty-five Pounds Sterling,	afore

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111. And in ordcr that the character of every person applying every person wlm shall be desirous of obtaining an Auctioneer's I ~ ~ . ~ C O ~

Y O ~ ~ O ~ ~ ~ ~

4 ~ic6nr~.	for, a license should be carefully ascertained be it enacted that	of T
any
License (other than such ss Inay be 1,icensed according to the pro-	such
visions of the recited Act or Ordinance) sllall apply for the same	be a
to the Bench of Magistrates nearest to his usual place of residence

at any of thcir stntctl Qunrtcrly Meetings and shall lodgc st~cll ap v

plicabon with the Clerk to the said Bench of Magistrates at least	shall
onc week t~cfore the clay of thcir respcctivc meetings and such	his
Bench of Magistrates tlirce or more being prcseut if they be satis-	by 11

fied that such applicant is a person of unexceptionable character issut

shall and they are hereby authorised and required to deliver to	ten
such applicant a certificate under their hands to that egect and	Auc
upon presenting such certificate (and in the case of Auctioneers	tlte
holding licenses in force at the passing hereof on presenting such	ble :
license) to the Collector of Internal Revenue or other proper offi-	that
cer in that behalf appointed by the Governor such Collector or	entc
proper officcr shall issue and deiiver to the. pcrson so applying soch	Rev

Applichnb for I,i- a license as is required by this Ordinance:	Provided always thnt	on t
fee

women to give Bond 110 Auctioneer's Liccilsc shall bc granted until h	pcrson applying
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md pay rucbuu duty. l." for the samc sl-mll, hnvc lodged in the llands of tlic Collector

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of Intcmd ltcvcnuc or other officer aforcsnid n bolid to fIcr Mn-

jcsty licr llcirs rind succcssars with two snfficicnt surctics binding out

himself in the Hum of Fitro IIundrcd Pounds and his sttrcties .. fres

'in the sum of Onc IIundrcd Pounds each that he will ctelivet	cale
every account of the Sdcs by him made ancl also nlnlce pay-	as a
lsacl

ment of every sum.wbhg or becoming due for tho Auction duty

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P qable for or in rc~pect	of nll such Sales in the manner hereinafter
directed.

IV. And bc it furthcr enacted that when any person appIying for a ~h-.

licens~ in manner aforesaid shall not usually residenorintend to exercise thebusiness of an A uctioneer within the City of Adelaide the proper '

officer shall on payment of the sum of 'l'en Pounds issue and deliver

such person a License to act as Auctioneer in the country dis-

' tricts;	Provided that no such Country License s h d authorise the party licensed to act as an Auctio~leer	within the City of Adelaide
or in any placc within ten miles tllereof.

V. And be it furtlicr cnactcd that wllcrc any two pcrmlu and pul-hiY =iuw.

not more usually .rcuiding within one and the same district and

having bona jide and in fact one and the same ordinary place of

business only and carrying. on Businevs or purposing to carry on busi-

ness together in partnership as Auctioneers shall apply in manner

aforesaid to be licensed as sach partners the proper officer shall on

rnrnpliance with the provisions hereof issue a License to such

two persons as partners accordingly on payment of the annual sum

of Ten Pounds Stcrling in addition to the license money payable by

any single Auctioneer as aforesaid: Provided always that in every	.
such case the bond taken in manner aforesaid shall be expressed to
be npplicablc to both partners so to be liccnscd.

VI. And bc it furthcr enacted that when any such ~uctioneer A w t i o n a r B ~ Clerkr

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shall apply for o Licenso to authorise his known clerli to act in

his stcad at Salcs by Auction which he Inay bc prevented	L
by wxessary causes from conducting iil person the proper officer shall
issue such a License accordingly on payment of the annual sum of ten pounds sterling in addition the Licensemoney payable by such
Auctioneer as aforesaid: Provided always that in every such case
the bond taken in manner aforesaid shall be expressed to 413 applica-
ble to the known clerk for the time being of such Auctioneer and
that such Auctioneer sliall'from time to time as occasion may require
enter the name or* such clerk at the oftice of the Collector of Internal

Revenue who is hereby authorised and required to rOgister the same	,
on the back of the bond on payment for every such registration of a
fee of ten shi!lings.

VII, And bc it furtlicr enacted that every person shall take

out any sucll License as nlorcsaid is hcrcbj required to take out a

, fresh License ten days at least before the expiration of twelve

calendar montlls after the' taking out the first Licensc, before he act

a an Auctioneer as aforesaid and in the same manner to renew every

8~ch &we from year to year paying the same replated dues for .

, each

each and eveq new and renewed License and if any person shall act

as an Auctioneer contrary to the provisions hereof without taking out	I	Sale
such License or renewing the same yearly in manner aforesaid such	'	retu

1 erson shall forfeit and pay for every such oflimce P!,	sum of on.	tive
I Eundrttd p06aii;-	Auc

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VIII. And be it further enacted that there shall be raised levied " -as 91

a ,,f 4d c . -

p o ~ d b levied collected and paid in such manner as hereafter is mentioned to and acco

~~f,-~.U for the use of Her Majesty her heirs and successors for and upon all manner of Salcs by Auction within the said Province the rate and	sum
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duty hereinafter expressed that is to say the sum of four pence for '. psi1

every twenty shillings and so on in proportion for every greater	at L
or less sum of the purchase money axising from the Sale by	shall
Auction of any estate goode or effects whatsoever the said rate	been
and duty to be paid by every such Auctioneer or Seller by	Sale2
Commission out of the monies arising at each and every such Sale	each

or Auction aa aforesaid. l Intel said

n a t ~IM u n e dub IIX. Provided always and be it enacted and declared that the pm auth

rhdl be paid on all h,, Visions hereof shall extend and apply to all estates goods or effects venu

6 which may subscqucntly to any auction be sold by commission in the nor

, asgueat to the AUO-

UW.	auction-room and to all property sold with reference to the prices at	natic
any prcvious auction or for which the benefits of an auction have	the S
been obtained whether sold by any such auctioneer 'or any person	such
cmployed on llis bchrilf.	any nccol

T C X. And bc it f ~ i r t l m mncted that i l ~ o mid rnto and duty by this tor o

A1lalionaOr Irom Ordiiiniicc irnposrd slinll bc nncl i~ 11crd)y clrclnrcd to be n chnrgc the a

L a olurring ,of the

b idiynte lyule, upon cvery Auctioneer or Scllcr by commission imrnedi~tcly from my E

and after the knockjng down of the hammer or other closing. the at th

bidding at every Sale b y way of Auctiori and that the rat; and dutic

duties so charged shall be paid by every such Auctioneer or Sell~r turn:

by Commission in the manner and at the 'times hereinafter	,	said.
mentioned.	this c term

A-t	of ail ata	XI. And be it further cnncted that each and cvey pcmn so acting	caust
put i

'b.mnderedrriu

ag Auctioneer as aforesaid shall and hc is hercby required withh

lourben day&

fourteen days after the expiration of every calendar month to dc	the 4
liver or cause to be dclivercd to thc Collector of Intcrnd Revenue	inten deck

,	for the timc being or at his office or to such other person as shall
from timc to time bc authorised by tlic Governor to receive the same an an A or JF
exact and pnrtieulm account in writing of the total amount of money i

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that shall l w c beo, bidden at each and every Sde to etl~er \pith a re

turn of t h daily amount of thc Sales which ahdl % ave been b d	Ordi~
and holdcn by 8uch Auctioneer during the said month tcgcthfl	mch
with the ,time or times whEn and the place or placer .where w b

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sale or Sales shall haw been had and holden which account and t : . : q

returns shall be certified as correct under the hands of the respec- , - j; C m

tive clerks who shall have acted at such sales and every such	l, *:	1 2.
Auctioneer shall at the same time make payment to the said	i

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~~]]cctor of Internal Revenue of all such sum and sums of money :

bs s h d be due and payable to Her Majesty in pursuance of and	f .k ? :.
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according to the true intent and meaning of this Ordinance which
sum or sums of money such Auctioneer is hereby authorised and Auctmcar authori-	'. . i ,,

empowered to retain out of the produce arising by such Sale or de- sed to retain the

from pnrreb ..

psit made at such S ~ E	or otherwise to recover the same by Action of M*.	+ l !,
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at Law against the person or persons by whom such Auctioneer	:	1
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have been employed or on whose account such goods shall have , ...'

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been so sold and every person so acting as Auctioiieer at such Sale or	..	4
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Salcs if any shall make oath or solemn declaration to the truth of To arh a dt- 1 ; a.

each and every such account and return before the said Collector of clwation to the mth	of his account	, I ;
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Internal Revenue or such person as shall be so appointed as afore-	.	.'	a" ;.	:
said or before any Justice of the Peace who are hereby respectively	17 -
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authorised to administer the same And the Collector of Internal Re-

venue or other propw officer in that behalf appointed by the Gover- .. *'*j !

nor is also hereby authorised at any time on giving twelve hours .t *

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notice to inspect the books of any such Auctioneer and to compare

the same with the accounts and returns aforesaid and to administer to	.:, j
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such Auctioneer an oath or solemn declmqtioo that he has not kept	, ' :.

any otlwr books relating to the snlcs for illc Gcribd embraced by such . %

accounts and returns than thc books so inspected And such Collcc-	.. ,+. .
tor or propcr officer sId1 olontlily publish in tlic Govcrltnrc~rt Gmcttc	'. i

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the sforcsnid accounts and rcturns or an abstract thereof ancl in cnsc ,$ h

any such Auctioneer sl~all neglect to delivcr in his accounts and returns S F

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at the time and in mnnncr aforesaid or to mnkc payment of the rates and .. I

duties as herein directed or if it shall appcar that the accounts andre- L: ! ! pi

turns delivered in by such Auctioneer arc not true and just or that the . .* l * > S

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said Auctioneer hath acted contrary to the true intent and mealling of

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this Ordinance it o hall and may be lawful for the said Collector of In-	, t I
tmal Rcvcnuc or other person so to be appointed as aforesaid to I" WC of jwlgnwnt	. .;. .'
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cause the bond or bonds of such Auctionecrs and his snrctics to be A,,,ionecr bcing had against an

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Put in suit and in case of a juclgmcnt baing thereupon had n@iast wnue ibdl become	" *
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the defendant such Liccnse shall tbenccforth, bccomc void to a11 void.	*: 5.
intents and purposes ancl such Auctioneer shall be and he is hercby	a s
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declared to be for ever after disqualified for holding any License ils * 4

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Q Auctioneer unlcsa it l a l l appear to the satisfaction of the Uourt Ex-p~oa*

or Judge before whom the trial of such bond shall have been hnd I I

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that no fraud or wilful delay contrary to the true mesning of this	'.:
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Ordinance was intcnded by such Auctioneer &ad a certificate to
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effect shall be granted by such Court or Judge respectively. .,'. ! '

void the d u t ~ paid of estates or goods may be rendered null and void by reaeon that and 4

is to be

turned.	the person or persons for whose bendit the same shall be sold had	such
no title to or no right to dispose of the same be it therefore

enacted that if any Sale by Auction of any estate goods or effect^ X:

shall be rendered void by reason that the person for whose benefit forfe

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the same was sold had no title to the same or no right to dispose	of
thereof then and in.every such case it shall and may be lawful for	lnfol
the Auctioneer who paid the duty for estates goods or effects so	said
sold or for the person or persons for whose benefit the same was so	Just
sold to apply to the said Collector of Internal Revenue or to the	6Um
person w11o shall be appointed as aforesaid for a return of the duty	suck
so paid and the said Collector or the person so appointed as afore?	be a

' said shall and is hereby required to hear and investigate all such Hei:

, applications and examine the witnesses upon oath who shall be, af t

produced on the part of the party or parties making such applica-	son
tion which oath the said Collector of Internal Revenue or other
person appoint& as '8fdi.csaid is hereby empowered to administer
and thcrcupon to report the cnse to the said Governor or Acting
Governor who upoil being satisfied as to the justness of the appli
cation may order the amount of duty which s l d haw been so paid
as aforesnicl to bc refunded and paid to such Auctioneer or such	Pa
other person on whose behalf the same shall have been originally paid to such Collector of Internal %venue or other person ap pointed ns aforesaid anything* in this Ordinance to the contray notwithstnnding,

Ule nwnor of XIII. Providcd nlso and be it fiirtlicr cnactcd that in case the real

"v w * ~ nhnll

m a c the purch~cr owner of m y estate goods or effects pot up to Sale by way of Auc- m rllowanee of the tion shall become thc pnrchascr thereof by inems of his own bidding

~ ~ !: 'or thc bidding of m y other pcrson on his behalf or for his use at such ~ ~ ~ ~ g $ ~

made. Salo without fraud or collusion then andgin such case the said Col- lector or other person appointed to reccive the duties is and are

- to such owner of the duties arising by this Ordinancc upon such	, respectively hercby authorised and empowered to make an allowance
bidding provided notice be given to the Auctionecr before such bidding both by the owner and thc pcrson intended to be the bidder of the latter being appointed by the former and having n~rced accordingly to bid at the Sale for the use.and bchoof of the
skllcr and ~lrovidcd such notice bc vcrificd if reuuired bv the oath
of the huc'tioncer as also by evidence to be of tlk fairness
pnd reality of the transaction nccarding to the best of his know- ' *
~ l e d p and belicf and in case any dispute shall nriae whether such d a

urchase by thc owner was not made by collusion or in order to ,

lkssen the h11 sum ap ointed by this Ordinance to be paid or con-

g derning the fairness o such transaction then and in such cases P

tbe proof thereof shall lie upon the person acting as Auctioneer

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and on failure thkrein or in case of any unfair practice then no

,,eh allowance shall be made as aforesaid.

XIV. And be it further enacted that all fines pqnalties and R q - 7 u d .pp a

f~rhitures imposed by this Ordinance if exceeding the sum achou o Penrlue r.

of f i i y pounds shall be recovered by A c t b of Debt Bill or .

Information in the Supreme Court and if not exceeding the

said sunl shall be recovered summarily before any two or more

Justices of the Peace according to the Law of the Province regulating summary proceedings before Justices and the money arising by all such"fine6 penalties and forfeitures respectively when recovered shall be applied two thirds thereof to our Sovereign Lady the Queen her Heirs and Successors for the public uses of the Province and support

of the Government thereof and the other third to the use of the per-

son informing and suing fbr the same.

GEORGE GREY,

1 1 Governor and Commander-in- Chief.

P w d in the Legidalive Council, th& First

day of November, 1843.

Clerk . of Council.

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ADELAIDE : I.