THE AUCTIONEERS ACT.

Ashburton Guardian, Volume XIII, Issue 2514, 14 November 1891, Page 2

THE AUCTIONEERS ACT.

For some years past Mr Secklon has, session after session, endeavoured to carry into law his Bill to amend and codify the law relating to auctioneers. ' That well-meant effort failed from various causes for seven successive I sessions, but what plain" Richard Seddon was unable to accomplish the Honorable Richard was last year, as a Minister of the Crown, at last able to achieve, The Act which has now its place m the statute-book of 1891, contains thirty-three clauses and five schedules —all comprised within the modest compass of eight pages, and one of its chief ' recommendations is that it makes the law as affecting auctioneers uniform throughout New Zealand. ' Prior to this, there were m force no less than fifteen Acts and Ordinances of general or local operation, viz., two Ordinances of the Governor and Legislative Council m the days prior to " responsible government" (1842-1848), one Act of the General Assembly (the Fish Auction Act, 1886), three Acts of the Province of Auckland, one Ordinance of the Province of Taranaki, three Acts of the Province of Nelson, one of the Province of Marlborough, one Ordinance of the Province of Canterbury, and three of the Province of Otagoj and the substitution for all this mass of general and local legislation of one ', measure of general application is of itself no small advantage. In many respects the law as now defined is a distinctimprovementupon that hitherto existing, as will be seen by the following synopsis of the provisions of the Act. " Auctioneer " is defined to mean "any person who sells, or attempts to sell by auction, or offers for sale or resale by auction, property of any kind whatever, or any interest or suipposed incerest m any property." The; terms "sales.by auction,"'or "sell by auction," are also so broadly defined as to bring m all sorts of sales by competition, including the method 6f the itinerant vendors known as "'Cheap Jacks," who will m future have to take out an auctioneer's license. At least that is how we read the definition of a "sale by auction," which (sayd the interpretation clause) "means; the selling of any property whatever, or any interest or supposed interest m any property, by outcry, by the auctioneer saying, ' I'll take,' and commencing at a higher figure and going to a lower figure, by what'is known as Dutch auction, knoekihg-down of hammer, candle, lot, parcel, instrument, machine, or any other mode whereby the highest, the lowest, or any bidder is the purchaser, or whereby the first person who claims the property submitted for sale at a certain price named by the person acting as auctioneer is the purchaser, or where there is a competition for the putfehase of any property or any interest therein m any way ,commonly known and understood to be by way of auction." Selling without a license,is. punishable by a penalty of !not! leiss tha¥t £10j Wild not exceeding £100, for every such offence. Any person desiring to take out a license must lodge with the clerk of the local authority_o£tlie_ r dis.triet m _ w .j^i^_i*w-TesTaeß~or lias liis place of business (the Borough Council, or County Council, or m counties Where the Counties Act is suspended the Road Board or Town Board), a notice of his intention to apply therefor at; the next meeting of such local authority. Such application iriiist be dealt with and granted at such meeting unless by resolution of a two-thirds majority of those present and voting, the members of the local authority decide that the applicant is not a proper person to receive a license. The license is to take effect from date of issue, and to be m force till the 31st day of December next following, the yearly fee payable being £40. If the license takes effect at any time during the -months of January, February, or March, the;full fee is to be paid ; if during April, May, or June, thi*ee-fourths of the annual fee ;if during July, August, or September, one-half of the annual fee ; and if during October, November, or December one-quarter of the annual fee. Power is given to. the Governor by Order-in Council, to declare special districts for the purposes of the Act, comprising respectively any parts of the colony which are sparsely popu-" lated, or are excepted from the operation of "The Counties Act, 1886," or are not within any county; and the Governor may appoint persons to grant auctioneers' licenses for such special !districts, upon payment' of a licensefee not exceeding £10. All licenses heretofore issued and m force are to remain m force until their expiration by effluxion of time or forfeiture; Any person falsely pretending to be an auctioneer is liable to a penalty of one hundred? pounds,' and any licensed auctioneer guilty of any breach of the V#t to a penalty of ten pounds. Gorging, counterfeiting, 6r altering a license is a felony punishable byjtwo years'imprisonment, and the lendingor hiring of a license is punishable by a fine of £50 for every separate offence. Any auctioneer who fraudulently converts to his own use the proceeds of property sold by auction by him, or fraudulently omits to pay such proceeds toM the person: entitled theretoj is punishable as for larceny, and the rendering of fraudulent account sales is declared a misdemeanour punishable by imprisonment for any period !not exceeding two years. For any fraudulent offence under the Act forfeiture of license is ajso an immediate penalty. An auctioneer may hold a wholesale liquor license, but. a "pawnbroker »nay not" hold an auctioneer's license. No auctioneer may sell property between the hours of 6 p.m. and 6 a.m., except that when an auction sale of live stock has been commenced at any-time not later than two o'clock m the afternoon of any day it may be continued until eight o'clock m the evening of the same day, but not later; and that land, plans of which have been exhibited m the auction-rooul for at least two clear days prior to the day ,of sale, and also tallowy wool, and books sold'only from catalogues, after daylight inspection, may be sold by auction without limit lof time. Newly-caught fish may also, ! under the local by-laws, be sold at any hour either by auction or by fish hawkers. The local authority granting any license must, within ten days, publicly fcotify the fact m one or more \ newspapers circulating m the district

Provision is made that, m the case of the illness of a licensed auctioneer, or", of his absenceor intended absence from the district, he may, on paying a fee of ten shillings, appoint*a substitute, who may be authorised to act as auctioneer on his behalf, and it is also provided that, m the case of the death or bankruptcy of an auctioneer, his license may be transferred on payment of a similar registration fee. The two most important sections of the Act, as regards the general public are, however, sections 18 and/ 19, which we give m extenso. They are as follows:— 18. Every auctioneer shall within fourteen days after a sale render to the person on whose behalf such sale shall have taken place a correct account of such sale, and shall, subject to the deductions authorised by section nineteen of this Act .(viz.,, the auctioneer's fees, charges, and advances,;if any) within such, period of fourteen days, pay to such person the balance of the proceeds of such sale received by such auctioneer. If any such auctioneer shall, after a written demand from such person m that behalf, neglect for seven days to render such account or to pay such balance to ,such person, lie shall be guilty of an offence under this Act, and shall be liable for every such offev.ee to a penalty not exceeding ten pounds. This section shall not affect any other' remedy against or liability of an auctioneer: Provided that moneys received by an auctioneer m respect, of real property shall be paid by him intjq a general or separate account, as provided by, section nineteen, and it shall not be obligatory upon such auctioneer to pay over the said moneys to the vendor until the sale is completed according to the conditions of sale, notwithstanding a written demand has been made to him forsach moneys. But, if any such;auctioneer shall neglect for seven days after the completion of; such sale to render such account or to pay such moneys to the vendor, he shall be guilty of an offence under this Act, and shall be liable to the penalties m this section hereinbefore provided. 19. Every auctioneer shall apply the proceeds of saie r wheh realised, as follows:—(a) In or towards payment of the expenses, commission, and other charges of or incidental $o the sale. (6) In or towards payment of any moneys owing to such auctioneer by the person on whose behalf the property was sold, (c) Ihe baiance of. such proceeds' shall be held by the auctioneer exclusively for such person; to be paid to him or as ho may direct, and until so paid such balance shall be paid, into a bank carrying on business under the authority of ah Act of the General Assembly to a general or separate 'tru'stf account, and such balance shall not be available for payment of the debts of any other creditor of such auctioneer, nor shall such balance be liable to be attached or taken-in execution und?r the order or process of.Jtny Court at the instance of any such creditor. Any auctioneer who knowingly acts ■ contrary', to the provisions of this section be linble •for ■every such offence to a penalty not exceeding one hundred pounds.