the Emits of the chief vfies or Exose, at I mequest that a Duence may be granted to ne ir mat parpoMI LOT TEODOSIL as my sureties C. D. of &c. ant E F e sulle tre Dured this

day of

18 A. B.

3

Benra of 13
G. 1,

N.& CCVI.

Variations where it is for the Country.)

CM AS DI TÍN SCmy regulates respecting such bonds, see Bateman, vil my 7: as Dg. p. AUCTIONS.

Kum 2 Main these Prests That I, A. B. of &c. auctioneer am bed and fry bood to her present Maj. Q. Victoria in the sum of 20000 for the country 5001) of Iful money of G. B. to be på to our si lady the Queen her heirs or successors, to wikh payment well and truly to be made I bind myself my hrs eas and ais and ery of them firmly by these prests. Sealed with sell Dated the my day of in the year of Wise by an Ant of Parit passed in the nineteenth yr of his 0.1236* late May, King George the Third evy psn using or exercising the trade or business of an auctioneer is obliged to take out a Scence for that purpose and to give secty by bond to her Maj, with two or more sufficient sureties that he will within twenty-eight days for the country "six weeks") deliver to the psa apptd to rece the same an exact and partr acct in writing of the total amount of the money bid at each such sale and of the sevl articles lots or parcels which shall have been there sold and the price of each and evy such article &c. and shall at the same time make payment of all such sums of money as shall be due and paye to her Maj. in pursuance of and accdg to the true intent and meaning of that Act And whas the above bounden A. B. hath been duly authorized by licence under the hands and seals of (collector and supervisor to exercise the trade &c. of an auctioneer within (or “witht”) the limits of the chief office of Excise in London And whas 3, c. 93; 43 G. by an Act of Parliament made in the forty-second yr of &c. (amended by the 43 G. 3, c. 130, as to the penalty of the bond

Licence.

Penalty of the bond by 42 G.

3, c. 130.

No. CCVI.
Bond.

for every town auctioneer) every such auctioneer is required at the time of receiving his licence to give secty by bond with two sufficient sureties of 2001. (for the country 501.) each for delivering accts of sales and making payments of duty as hinaftr mentd And whas C. D. of &c. afd hath agrd and is to become bound as one of such sureties and E. F. of the same place hath agrd and is to become bound as the or. of the sd sureties according to the form and effect of the sd Act Now the Con- Condition. dition of this obligation is such That if the sd A. B. shall and do within twenty days (" six weeks" for the country) after each and evy sale by way of auction deliver to the psn apptd to rece the same an exact and parlar acct in writing of the total amount of the money bid at each such sale and of the sevl articles &c. which shall have been there sold and the price of each and evy such article &c. and shall at the same time make payment of all such sums of money as shall be due and paye to her Maj. in pursuance and accdg to the true intent of the sevl Acts of Parlt in that case made and provided Then this obligation to be void. orwise to be and remain in full force and virtue

Signed sealed and delivered [being first duly stamped] in the presence of

G. H.

A. B. (L. s.)

No. CCVII.

Certificate from the Sheriff of Goods sold under an Execution to be indorsed on the Catalogue of Sale.

Obs. This and similar certificates in other cases are required by the 19 G. 3, c. 56, and other Acts, to be given for the purpose of obtaining the exemption from auction duty according to the provisions of the Act, see Bateman, L. A. 83, 169, et seq.; also Dig. p. ii. tit. AUCTIONS.

I hby certify that the goods and chattels mentioned in the within catalogue were the proper goods &c. of (debtor) and were seized and sold under and by virtue of a writ of issued out of her Maj.'s Ct of agst the sd (debtor) for the sum of £

at Dated this

day of

18

(Sheriff)

No. CCVII.
Certificates,
Goods sold
under
Execution.

No. CCVIII.

Goods imported.

No. CCIX.
Complaint.

No. CCVIII.

Certificate of Imported Goods.

Obs. As to the purpose of such certificate and others of a like kind, see Bateman, ub. sup. 83.

This is to certify that the goods specified in the annexed catalogue, to which the lots underneath described refer, were imported from in the ship by the undersigned,

being

and sold at the first sale thereof held at

of

on the

day 18 for the account of the original importers, to whom

the same were consigned, and by whom they were entered at the

Custom House, at the port of

on the day of 18 and that they had never been previously sold or parted with by us,

B. and Co. original importers.

No. CCIX.

Complaint before Two Justices to recover back the Auction Duty where the Sale has become void for want of a Title.

Obs. Where a title cannot be made, the vendor or auctioneer is enabled by the Auction Acts, see Dig. p. ii. tit. AUCTIONS, to recover back the auction duty on laying his complaint before the commissioners or two justices of the peace; but it is said that this provision is construed strictly, and the commissioners must be satisfied that the vendor has used every endeavour to make a title, 1 Sugd. V. & P. 10th ed. 26; 2 Burn's Just. by Chitty, 419, n. (b).

County of
to wit.
county of

Be it remembered that on the

Sat

in the county of

day of

A. B. of in the auctioneer in his own proper person comes before

us (justices) two of her Maj.'s justices of the peace in and for
the said county, and exhibits an information and complaint, and
thereby informs us that on the
day of now last past he

the said A. B. put up to sale by auction for the benefit and on
account of C. D. of &c. afd banker, a certain estate, that is to
say, certain lands &c. situate at
in the county of and
then and there sold the same to A. F. the highest bidder for the

day

same, at the price or sum of £ ; and that on the
of
now last past he the said A. B. paid to (collector) the
proper collector of excise for F-collection, the auction duty
thereupon, amounting to £ and the said A. B. informs us
the said justices, that the sale has been rendered void by reason
that the said C. D., for whose benefit the same was sold, had no
title to the same and no right to dispose thereof; and that the
present complaint is laid within twelve (a) calendar months after
sale (or "within three months after the discovery of the person
for whose benefit the said estate was sold having no title to the
same or right to dispose thereof") And therefore the said A. B.
prayeth the judgment of us the said (justices) in the premises,
and that we will hear and determine the said complaint, and
examine witnesses upon oath, and thereupon and by other due
proof relieve the sd A. B. of so much of the said duty as shall
be proved to have been overpaid, as by the statute in that case
made and provided is required.

Conditions of Sale by Auction, see post, CONDITIONs of Sale.

No. CCIX.
Complaint.

No. CCX.

Auctioneer's Declaration on settling his Sales with the Excise.

Obs. As to the regulations by statute or the orders of the Board of Commissioners, see Bateman, L. A. p. 61 et seq.; Dig. p. ii. tit. AUCTIONS. This declaration may be made either by the auctioneer or his clerk, in all matters except where property has been bought in by or for the owner, in which latter case the auctioneer must personally make a declaration; when such property has been purchased under a written notice, see Bateman, ub. sup.

(a) For the reason of this clause, see 28 G. 3, c. 37, s. 19; Dig. p. ii. tit. AUCTIONS.

VOL. I.

FF

No. CCX. Declaration.

No. CCX. I Declaration.

do declare that

were opened and begun by

sales by auction have been and

at the following times and

places respectively, under notices (a) delivered by

to the statute in that case made and provided, viz.

according

And that the annexed papers do contain an exact and particular account of the total amount of the money bid at each sale by way of auction therein specified, held at the times above mentioned; and also an exact and particular account of the several articles, lots and parcels which were sold at each such sale; and the price of each and every such article, lot or parcel; and also an account of each and every article, lot and parcel contained in the catalogues of such sales which were not then and there sold.

And I do also declare that each and every estate, and all goods and effects put up to sale by way of auction, and in any of the said papers specified or purported to be exempt from duty, was and were actually sold under the respective circumstances therein stated, and was and were lawfully exempt from auction duty for the respective causes therein assigned.

And I do also declare that each and every estate, and all goods and effects put up to sale by way of auction, and in any of the said papers specified or purported to have been sold under an execution (b), was and were actually sold under the

(a) As to the notices, see post, NOTICES.

(b) Where an exemption from duty is to be claimed for goods damaged by fire, instead of this clause, say,

"Purported to have been sold as goods damaged by fire, were actually goods damaged by fire, and sold by order and for the benefit of the insurers, according to the certificate of the insurers hereunto annexed."

say,

Where the exemption is claimed in respect of goods sold under any distress,

"Sold under any distress for rent, were goods and effects which had been actually and lawfully seized and distrained for rent under the warrant hereunto annexed, and sold by auction under such warrant for satisfying the rent therein mentioned."

Where it is the property of any bankrupt or insolvent, say,

"Purported to have been bankrupt (or 'insolvent') property and effects, was and were actually the property or effects of the bankrupt (or 'insolvent') therein mentioned, and sold for the benefit of (creditors) creditors, according to the certificate of the assignee annexed."

Where it is cattle, corn, stock and produce of land put up to sale by way of auction, and in any of the said papers specified or purported to have been farming stock sold on the land producing the same, add,

"Was and were actually cattle, corn, stock and produce of land, and were sold