The Short Title of this Act is “The Auctioneers Act, 1891,” and it shall come into force on the first day of November in the now current year.

In this Act, if not inconsistent with the context,—

No person, except as hereinafter mentioned, shall sell by auction unless he shall be the holder of an auctioneer’s license as hereinafter provided; and every person offending against this provision shall be liable to a penalty of not less than ten pounds and not exceeding one hundred pounds for every such offence.

Any person who is desirous of obtaining an auctioneer’s license shall lodge with the Clerk of the local authority in the district within which such person resides or has his place of business a notice, in the form in the First Schedule hereto, that he intends at the first meeting of such authority to apply for a certificate for an auctioneer’s license; but

Any person holding an auctioneer’s license at the time of the passing of this Act shall, on the expiry of the said license by effluxion of time, be entitled on application to receive from the local authority of the district in which he resides or has his place of business a certificate for the issue of a new license.

At such meeting of the said local authority such application shall be dealt with and granted, unless the members of such local authority, by resolution of a two-thirds majority present and voting, decide that the applicant is not a fit and proper person to receive such license.

If such application be granted, the Chairman, Acting Chairman, or Mayor of the said local authority, as the case may be, shall sign a certificate in the form in the Second Schedule hereto, and hand the same to the Clerk of the local authority, and, upon payment to the said Clerk of the sum of forty pounds as license-fee, or such proportionate part of such sum as hereinafter mentioned, he shall issue to such applicant a license in the form in the Third Schedule, signed by such Clerk, which shall, for the period of its continuance, authorise the person therein named to sell by auction in any part of the colony, subject to forfeiture as hereinafter provided.

Every license shall take effect from the date of the issue thereof, and shall expire on the thirty-first day of December next following such date.

There shall be paid the following proportionate parts of the annual license-fee in respect of every license granted under this Act, that is to say: If such license takes effect at any time during the months of January, February, or March, the full amount of the annual license-fee; or, during the months of April, May, or June, three-fourths of the amount of such annual fee; or, during the months of July, August, or September, one-half of the amount of such annual fee; or, during the months of October, November, or December, one-quarter of the amount of such annual fee.

The Governor from time to time, by Order in Council, may declare special districts for the purposes of this Act, comprising respectively any parts of the colony which are sparsely populated, 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 license-fee not exceeding ten pounds, and may prescribe the mode of applying for and issuing such licenses.

All sums received as license-fees or registration-fees under this Act shall be paid by the Clerk receiving the same to the fund of the local authority within which the licensee has his usual place of business, or, if he has no such place, then his usual place of residence, which place shall be mentioned in the license.

All sums as aforesaid received in any special district shall be paid into the Public Account, and, after deducting therefrom all expenses incident to the administration of this Act in such part of the colony, shall be paid to the local authority of the district wherein the licensee has his principal place of business; and if there be no such local authority shall form part of the Consolidated Fund.

Every Clerk or person appointed by the Governor to issue auctioneers’ licenses shall, within ten days after the issue of any license by him, publicly notify that the same has been so issued in the form in the Fourth Schedule hereto.

Every auctioneer’s license in force at the commencement of this Act, issued under any of the Acts and Ordinances hereby repealed, shall be deemed to have been issued under and be subject to the provisions of this Act, and shall remain in force until its expiration by effluxion of time or forfeiture.

In case of the illness of any licensed auctioneer, whose license has not been forfeited or cancelled, or of his absence or intended absence from the district in which his principal or sole place of business shall be situated, he may give notice in writing to the Clerk who has issued such license that he intends to appoint one other specified person to sell by auction as his substitute for a period in such notice mentioned, not exceeding six months; and such substitute may, if approved of in writing by the Clerk by whom such license was issued, be registered by the Clerk who has issued such license upon payment of a registration-fee of ten shillings, and may act as such substitute accordingly, and shall whilst so acting be deemed the holder of such license and a licensed auctioneer within the meaning of this Act.

No licensed auctioneer who shall have appointed another person to sell by auction as his substitute shall sell by auction until ten days after he shall have delivered to the Clerk by whom his license was issued a notice in writing that he intends to resume business personally as an auctioneer, and upon the expiration of such period of ten days his substitute shall cease to be a licensed auctioneer, and his right to sell by auction shall absolutely cease and determine.

If any licensed auctioneer shall die or be adjudicated a bankrupt his executors or administrators, or the Official Assignee in Bankruptcy of his property, as the case may be, shall be entitled to transfer the auctioneer’s license to any other person, with the previous consent in writing of the local authority having jurisdiction in the district in which such license was issued, and after paying to the Clerk who issued the license a registration-fee of ten shillings, and delivering to the said Clerk a notice in writing of such intended transfer, describing the name, occupation, and principal or sole place of business of the intended transferee, and immediately after such transfer the transferee shall be deemed to be the holder of such license, and a licensed auctioneer within the meaning of this Act.

Notwithstanding anything contained in “The Licensing Act, 1881,”—

No auctioneer shall sell by auction any property except between the hours of six o’clock in the morning and six o’clock in the evening of the same day; saving that any auction sale of live stock which shall have been commenced at any time not later than two o’clock in the afternoon of any day may be continued until eight o’clock in the evening of the same day, but not any later: Provided that land, plans of which have been exhibited in the auction-room for at least two clear days prior to the date of sale, may be sold without limit to time; also the tallow, wool, and books sold only from catalogues, after daylight inspection, may be sold without limit as to time.

No person holding a pawnbroker’s license under any Act in reference to pawnbrokers shall be competent to hold an auctioneer’s license.

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, 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 in that behalf, neglect for seven days to render such account or to pay such balance to such person, he shall be guilty of an offence under this Act, and shall be liable for every such offence 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 in respect of sale of real property shall be paid by him into a general or separate trust 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 for such moneys. But if any such auctioneer shall neglect for seven days after 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 in this section hereinbefore provided.

Every auctioneer shall apply the proceeds of sale, when realised, as follows: (a.) In or towards payment of the expenses, commission, and other charges of or incidental to the sale. (b.) In or towards payment of any moneys owing to such auctioneer by the person on whose behalf the property was sold. (c.) The balance of such proceeds shall be held by the auctioneer exclusively for such person, to be paid to him or as he may direct, and until so paid such balance shall be paid into a bank carrying on business under the authority of an Act of the General Assembly to a general or separate trust 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 under the order or process of any Court at the instance of any such creditor. Any auctioneer who knowingly acts contrary to the provisions of this section shall be liable for every such offence to a penalty not exceeding one hundred pounds.

Any auctioneer who—

Any person, not being a licensed auctioneer, who shall have any words written, painted, or inscribed, or which may have been written, painted, or inscribed, and not thoroughly obliterated, over or about his house, window, or premises, which shall lead to the belief or supposition that such person is an auctioneer, or who shall place or cause to be placed any placard, board, writing, matter, or thing in the public view, to the intent that it may be believed or supposed that such person is an auctioneer, or that any property of any kind whatever or any interest therein is to be sold by auction by such person, shall be liable to a penalty not exceeding one hundred pounds.

If any person acting as a licensed auctioneer does not at the time of any sale by auction, or within three days thereafter, on demand of any police officer or constable, produce and show to such officer or constable a proper license granted or deemed to be granted to him under this A ct, such person shall be liable to a penalty not exceeding ten pounds.

If any licensed auctioneer shall exercise his business at any time or in any manner contrary to the provisions of this Act, he shall for every such offence be liable to a penalty not exceeding ten pounds.

Every person who shall forge, counterfeit, or alter, or cause to be forged, counterfeited, or altered, any license, or any signature to any license, or shall use or tender in evidence any such forged, counterfeited, or altered license, or signature, knowing the same to be forged, counterfeited, or altered, shall be guilty of felony, and being convicted thereof shall be liable to be imprisoned for any term not exceeding two years, with or without hard labour.

Every person shall be liable to a penalty not exceeding fifty pounds for every separate offence who shall let out or hire or lend any license granted to him, or shall, except as hereinbefore provided, trade with or under colour of any license granted to any other person whomsoever, or of any license in which his own name shall not be inserted as the name of the person to whom the same is granted.

In all proceedings against any person for having acted as an auctioneer without a license, such person, unless he shall produce his license or bring other satisfactory proof of his having been licensed at the time at which the offence was committed, shall be deemed to have been unlicensed.

If any auctioneer holding a license under this Act shall be convicted of an offence under sections nineteen, twenty, or twenty-four of this Act, his license shall be ipso facto forfeited; and any auctioneer convicted of an offence under any other sections of this Act, and thereafter be convicted within twelve months of a second or any subsequent offence of any kind under this Act, the convicting Magistrates or Justices may, if they think fit, in addition to any other penalty, cancel his license.

All offences under this Act, except under sections twenty or twenty-four, may be heard and determined, and all fines and penalties may be recovered, in a summary way before a Resident Magistrate or any two or more Justices of the Peace, and shall be paid into the Public Account, and form part of the Consolidated Fund.

Nothing in this Act contained shall be deemed to take away or limit any civil remedy which any person may have against an auctioneer in respect of any matter which is constituted an offence under this Act.

Notwithstanding anything contained to the contrary in this Act, or in any by-law made by any Borough or County Council or Town Board respectively, it shall be lawful for fishermen, or for any person appointed by them in that behalf, to sell newly-caught fish of any kind, except shell-fish, by auction at any hour of the day or night, in the manner usual at auction-sales or in any other manner customary in the fish-trade, or to hawk and carry such fish for sale at any private houses by retail, without taking out a license either as auctioneer or hawker and pedlar.

If any person shall in any way exceed the authority granted by this Act, and sell any articles under the colour of this Act which are not thereby authorised, he shall be liable to the penalties prescribed for selling goods without having taken out an auctioneer’s license, or a hawker’s and pedlar’s license, as the case may be.

Nothing in this Act contained—

Nothing in this Act contained shall be taken to render legal and valid any sale which before the commencement of this Act was contrary to law.

The several enactments enumerated in the Fifth Schedule hereto are hereby repealed.