CA P. LVI.

Geo. 6

6

6

An Act for altering, amending, and enforcing fo much of an Act, made in the feventeenth Year of the Reign of his prefent Majefty, intituled, din Alt for granting to his Majesty certain Duties on Licences to be taken out by all Perfons acting as Auctioneers; and certain Rates and Duties on all Lands, Houfes, Goods, and other Things, fold by Auction; and upon Indentures, Leafes, Bonds, Deeds, and other Inftruments; as relates to the Method of granting Licences to Auctioneers, and to the collecting the Duties on Eftates and Goods fold by Auction. 17 Gcc. 3. c. 50. WHEREAS by an Act, made in the feventeenth Year of the Reign of his prefent Majefty, intituled, An Act for granting to his Majefty certain Duties on Licences to be taken out by all Perfons in the feverteten Duties on Licences of bis in acting as Auctioneers; and certain Rates and Duties on all Lands, Houjes, Goods, and other Things, fold by Auction; and upon Indentures, Leafes, Bonds, Deeds, and other Instruments; certain Duties were impofed on all Licences to be taken out by Perfons felling Eftates, Goods and Chattels, by Auction, and on the Purchase-money of the Things fo fold: And whereas the Powers, Rules, and Regulations therein prefcribed for afcertaining, fecuring, and collecting the faid Duties, and for preventing Frauds therein, have been found ineffectual to fecure the Payment thereof; and the faid Duties have, by reafon of various Frauds and Evations, been greatly decreafed or withheld; for Remedy thereof, and for the better fecuring the Payment of the faid Duties, be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament in Part repealed. aflembled, and by the Authority of the fame, That, from and after the fifth Day of July one thoufand feven hundred and feventy-nine, the feveral Powers, Rules, Regulations, and Provifions, by the faid Act given and directed, for granting Licences to Auctioneers, and for collecting and managing the Duties by the faid Act impofed on Licences to be granted to Perfons felling by Auction, and on the Purchase-money of the Eftates, Goods, and Effects fo fold, fhall ceafe and determine, and be no longer ufed, except in all Cafes relating to the Recovery of any Arrears which may at that Time remain unpaid of the faid Duties, or to any Penalty or Forfeiture which fhall have been incurred upon, or at any Time before, the faid fifth Day of July one thoufand feven hundred and feventy-nine; any Thing herein contained to the contrary notwithstanding.

II. And whereas, by the faid recited Act, it is, amongst other Things, enacted, That from and after the twenty-ninth Day of September one thoufand feven hundred and feventy feven, there fhall be raifed, levied, collected, and paid, in fuch Manner as in the faid Act is mentioned, to and for the Ufe of his Majefty, his Heirs and Succeffors, the Sum of fix Pence for every twenty Shillings, out of the Purchafemoney arifing by Sale at Auction of all Plate and Jewels: And whereas the faid Duty of fix Pence in every twenty Shillings, out of the Purchase-money of the faid Goods, has been found to prevent, in a great Measure, the Sale of the faid Goods by Auction, to the Prejudice of the Revenue intended to be Duty granted lyraifed by the faid Act; be it therefore enacted by the Authority aforefaid, That, from and after the faid fifth Day of July one thoufand feven hundred and feventy-nine, the faid Duty of fix Pence in every twenty Shillings, out of the Purchase-money of the faid Goods, fhall be, and the fame is hereby repealed; and that the Sum of three Pence for every twenty Shillings, out of the Purchase-money arifing by Sale at Auction of all Plate and Jewels, fhall be raifed, levied, and collected, to and for the Ufe of his Majefty, his Heirs and Succeflors; the faid Duty to be paid, accounted for, recovered, and applied, in fuch and the like Manner as the other Rates and Duties, granted by the faid recited At upon Sales by Auction, are directed to be paid, accounted for, recovered, and applied; any Thing therein, or in this prefent Act, contained to the contrary notwithstanding.

the former A& of 6 d. in the Pound of Plate

and Jewels, repealed; and a Duty of 3 d. fubftituted.

No Perfon to

fell, &c. as an Auctioneer,

taken out a Licence.

III. And, for the better preventing the like Frauds, and for the more effectual fecuring the Payment of the Duties by the faid Act impofed,' be it further enacted by the Authority aforefaid, That, from and after the faid fifth Day of July one thousand feven hundred and feventy-nine, no Perfon whatever, not without having already licenfed according to the faid Act, who now, or at any Time or Times hereafter doth or fhall exercife the Trade or Bufinefs of an Auctioneer, or Seller by Commiffion, at any Sale of any Eftate, Goods, or Effects whatsoever, by Outcry, knocking down of Hammer, by Candle, by Lot, by Parcel, or by any other Mode of Sale at Auction, or whereby the highest Bidder is deemed to be the Purchafer, or who fhall act in fuch Capacity, fhall prefume to deal in, vend, or fell any Eftate, Goods, or Effects whatsoever, by publick Sale or otherwife, by way of Auction, as aforefaid, in any Manner whatfoever, without first taking out a Licence, in Manner herein after mentioned, before he, the, or they fhall fo put up to Sale, or fell, any fuch Eftate, Goods, or Effects, by publick Sale, by way of Auction, as aforefaid; and in which Licence fhall be fet forth the true Name and real Place of Abode of the Perfon or Perfons taking out the fame, for which he, fhe, or they fhall immediately, upon taking out thereof, pay down for each and every Licence, fo to be taken out from Time to Time, the feveral Sums of twenty Shillings and five Shillings, by the faid Act granted, over and befides any other Duties or Payments to which fuch Perfon or Perfons may be liable for trading in, vending, or felling, any Gold or Silver Plate, or otherwife, in Manner following; that is to fay, If fuch Licences be taken out within the Limits of the Chief Office of Excife in London, then fuch Licences, whether they be granted for felling by way of Auction within the faid Limits,

Were Licences

hall be taken out for England and Wales;

or

Scotland.

or in any other Part of England or Wales, fhall be granted under the Hands and Seals of two or more of his Majefty's Commiffioners for the Duties of Excife for the Time being, or of fuch Perfon or Persons as the Commiffioners of Excife fhall from time to time appoint for that Purpofe, and the faid refpective Duties fhall be paid at the faid Chief Office of Excife in London; but if the Licence for felling by Auction, in the Parts of England and Wales not within the faid Limits, fhall be taken out without the Limits aforefaid, then fuch Licences fhall be granted under the Hands and Seals of the feveral Collectors and Supervisors of Excite within their refpective Collections and Districts, and the faid Duty of five Shillings, by the faid Act impofed, fhall be paid for the fame to the Collector of Excife who thall grant and deliver the fame: And in cafe fuch Licences fhall be taken out within the Limits of the Chief Office of Excife in Scotland, and where for fuch Licences fhall be granted under the Hands and Seals of two or more of his Majesty's Commiflioners of Excife in Scotland for the Time being, or of fuch Perfon or Perfons as the Commiffioners of Excife in Scotland fhall appoint for that Purpofe; and the Duty of five Shillings, by the faid Act impofed for the fame, shall be paid at the Chief Office of Excife in Scotland, in the fame Manner as is herein before defcribed in regard to the Licences to be taken out within the Limits of the Chief Office of Excife in London but if fuch Licences fhall be taken out in any Part of Scotland, not within the Limits of the Chief Office of Excife in Scotland, then fuch Licences fhall be granted under the Hands and Seals of the feveral Collectors and Supervifors of Excife in Scotland, within their refpective Collections and Districts, and the faid Duty, by the faid Act impofed for the fame, fhall be paid, by each and every Perfon and Perfons fo taking out fuch Licences, to the Collector of Excife who fhall fo grant and deliver the fame; and fuch refpective Commiffioners of Excife, and the Perfons fo to be appointed, as aforefaid, by them refpectively, and alfo fuch Collectors are hereby refpectively authorised and required to grant and deliver fuch Licences to the Perfons who fhall apply for the fame, upon their paying the Duty by the faid Act directed to be paid for each and every fuch Licence.

Licences to be renewed an

IV. And be it further enacted by the Authority aforefaid, That every Perfon or Perfons already licensed, or who, after the faid fifth Day of July one thoufand feven hundred and feventy-nine, fhall take out any fuch Licence as aforefaid, is and are hereby required to take out a fresh Licence, ten Days at leaft before quaily. the Expiration of twelve Calendar Months after taking out the firft Licence, before he, the, or they do prefume to vend or fell by way of Auction, as aforefaid, and in the fame Manner to renew every fuch Licence from Year to Year, paying down the like Sum of twenty Shillings, or five Shillings refpectively, by the faid Act impofed for each and every new or renewed Licence, at the Place and at the Times before mentioned: And if any Perfon or Perfons not already licensed as aforefaid, fhall prefume or offer to vend or fell by way of Auction as aforefaid, without firft taking out fuch Licence, or without renewing the fame yearly in Manner as aforefaid, fuch Perfon or Perfons thall, if the Offence fhall be committed within the Limits of the Chief Office of Excife in London, forfeit and lofe, for every fuch Offence, the Sum of one hundred Pounds; and if fuch Offence fhall be committed in any Place without the faid Limits, then fuch Perfon or Perfons fhall, for every fuch Offence, forfeit and lofe the Sum of fifty Pounds.

V. And whereas, by the faid recited Act, a Rate or Duty of three Pence is to be raised, levied, collected, and paid, for every twenty Shillings of the Purchase-money arifing by Sale at Auction of any Intereft, in Poffeffion or Reversion, in any Freehold, Copyhoid, or Leafehold Lands, Tenements, Houfes, or Hereditaments, and of any Annuities or Sums of Money charged thereon, and of any Utenfils in Hufbandry and Farming Stock, Ships, and Veffels, and of any reverfionary Interefts in the Publick Funds, and the Sum of fix Pence for every twenty Shillings out of the Purchase-money arifing by Sale at Auction of all Fixtures, Furniture, Plate, Jewels, Pictures, Books, Horfes, and Carriages, and all other Goods and Chattels whatfoever: And whereas it may be doubted whether the faid refpective Rates and Duties fo imposed as aforefaid, are payable for any Fart of fuch Purchase-money not amounting to the Sum of twenty Shillings: Now, to obviate all fuch Doubts,' it is hereby enacted and declared by the Authority aforefaid, That the faid refpective Rates and Duties of three Pence and fix Pence fo impofed, as aforesaid, was intended to be charged, and is hereby declared to be charged and chargeable, for every twenty Shillings of the faid Purchase-money, and in proportion for any greater or leffer Sum of the Purchase-money arifing or to arife by Sales at Auction.

VI. And be it further enacted by the Authority aforefaid, That from and after the faid fifth Day of July one thousand seven hundred and feventy-nine, the faid refpective Rates and Duties of three Pence and fix Pence by the faid Act impofed, shall be, and are hereby declared to be, a Charge upon every Auctioneer or Seller by Commulion, immediately from and after the knocking down of the Hammer, or other clofing of the Bidding, at every Sale by way of Auction, and that the Rates and Duties fo charged fhall be paid, by every fuch Auctioneer or Seller by Commiffion, in Manner and at the Times herein. after mentioned.

VII. And be it further enacted by the Authority aforefaid, That, from and after the faid fifth Day of July one thoufand feven hundred and feventy-nine, every Perfon not already licenfed, acting as Auctioneer as aforefaid, at any publick Sale or Auction within the Limits of the Chief Office of Excife in London, fhall, at the Time of receiving the Licence, give Security by Bond to his Majefty, his Heirs and Succellors, in the Sum of two hundred Pounds, with two or more fufficient Sureties, which Security the Com miffioners for the Duty of Excife for the Time being, or any two or more of them, or fuch Perfon or Perfons as the faid Commiffioners of Excife fhall from Time to Time appoint to deliver out the Licences as aforefaid, is and are hereby authorised and empowered to take, that he will, within twenty-eight Days after each and every Sale by way of Auction, deliver, at the Chief Office of Excife in London, to the Perfom

8.

Duties of 3d.

and 6 d. to he charged in pro portion for any greater or lefs

Sum..

Duties a Charge upon the Aus

tioneer.

Every Auctioneer shall be with Sureties,

bound in 200.

&c.

and shall make

Dah.

Every Auction. eer in Great Britain, not within the Li

mits of the Excife Office, fhall give Security as aforesaid, &c.

Auctioneers to

deliver, at the Excife Office, &c. previous

Notice of each Sale, &c.

on Penalty of 201.

Any Auctioneer, not within

the Limits,

who fhall not be

prepared to deliver in his AcCount of Sale to the Collector,

fon or Perfons who fhall be appointed by the Commiffioners of Excife to receive the fame, an exact and particular Account in Writing of the total Amount of the Money bid at each Sale, and of the several Articles, Lots, or Parcels, which fhall have been there fold, and the Price of each and every fuch Article, Lot, or Parcel; and at the fame Time make Payment of all fuch Sum and Suins of Money as fhall be due and payable to his Majefty, in pursuance of, and according to the true Intent and Meaning of this Act; which Sum or Sums of Money he is hereby authorifed and empowered to retain out of the Produce arifing by fuch Sale, or Depofit made at fuch Sale, or otherwife recover the fame by Action of Debt, or on the Cafe, against the Perfon or Perfons by whom fuch Auctioneer fhall be employed, or on whole Account fuch Goods fhall be fo fold; and every Perfon fo acting as Auctioneer, or the Perfon who acted as his Clerk at fuch Sale, if any, fhall make Oath to the Truth of each and every fuch Account before the Commithioners of Excife, or one of them, or before fuch Perfon as the faid Commiffioners of Excife fhall appoint to receive the fame; which Oath the faid Commiffioners of Excife, or one of them, or other Perfon fo to be appointed as aforefaid, is and are hereby authorised and empowered to adminifter: And in cafe the Auctioneer giving fuch Bond fhall neglect to deliver in his Account, or to make Payment of the Rates and Duties as herein directed; or if it fhall appear that the Account delivered in by fuch Auctioneer was not a true and juft Account, or that the faid Auctioneer hath acted contrary to the true Intent and Meaning of fuch Bond, and of this prefent Act, it fhall and may be lawful for the faid Commiffioners of Excife to caufe fuch Bond to be put in Suit, unless they fhall find fufficient Caufe to forbear the fame, and thereupon, in cafe of a Verdict or Judgement against the Defendant, fuch Licence fhall thenceforth become void to all Intents and Purposes.

VIII. And be it further enacted by the Authority aforefaid, That each and every Pefon fo acting as aforefaid, at every fuch publick Auction, in any Part of Great Britain not within the Limits of the faid Chief Office of Excife in London, fhall, at the Time of receiving fuch Licence, as aforefaid, give Security by Bond as aforefaid, in the Sum of fifty Pounds, which Security fhall be taken by the refpective Commitfioners of Excife in Great Britain, or any two or more of them refpectively, or by fuch Perfon or Persons as the faid Commiffioners of Excife refpectively fhall appoint to deliver out the faid Licences, in like Manner as is herein before mentioned and directed with regard to the Bonds to be given within the Limits of the Chief Office of Excife in London, that he will, within fix Weeks after every Sale by Auction, deliver in an exact and particular Account, in Manner as is herein before required to be delivered by Perfons felling by Auction within the Limits of the faid Chief Office of Excife in London; and fhall, at the fame Time, make Payment of all fuch Sum and Sums of Money as fhall be due and payable to his Majefty, for and on account of each and every Sale by way of Auction by him made, from Time to Time, within fuch fix Weeks refpectively; and all the Powers, Directions, Penalties, and Forfeitures herein before prefcribed or contained, for the better levying, fecuring, or accounting for the faid Rates or Duties within the Limits of the faid Chief Office of Excife in London, fhall be obferved in all other Parts of Great Britain, as if the fame were again particularly repeated and re-enacted.

IX. And be it further enacted by the Authority aforefaid, That, from and after the faid fifth Day of July one thoufand feven hundred and feventy-nine, every fuch Auctioneer, or Seller by Commiffion, felling by Auction within the Limits of the faid Chief Office of Excife in London, fhall, two Days at leaft before he, fhe, or they do begin any Sale by way of Auction, deliver, or caufe to delivered, at the faid Chief Office of Excife, to the Perfon who fhall be appointed by the Commiffioners of Excife to receive the fame, a Notice in Writing, figned by fuch Auctioncer, fpecifying in fuch Notice the particular Day when fuch Sale by Auction is to begin; and fhall, at the fame Time, or within twenty-four Hours after, deliver, or cause to be delivered, to the Perfon fo to be appointed as aforefaid, a written or printed Catalogue, attefted and figned by fuch Auctioneer, or his known Clerk; in which Catalogue fhall be particularly expreffed and enumerated each and every Article, Lot, Parcel, and Thing, by fuch Auctioneer intended to be fold at fuch Auction; and every fuch Auctioneer, felling by Auction in any Part of Great Britain, not within the Limits of the faid Chief Office of Excife in London, fhall, at least three Days before he, the, or they do begin any Sale by way of Auction, deliver, or caufe to be delivered, to the Collector of Excife, in whofe Collection fuch Sale is intended to be, or at the Office of Excife next to the Place where fuch Sale is intended to be, a like Notice in Writing, figned by fuch Auctioneer, specifying therein the particular Day when fuch Sale is to begin; and fhall, at the fame Time, or within twenty-four Hours after, deliver, or caufe to be delivered, to fuch Collector, or at the Office of Excife next to the Place where fuch Sale is intended to be, a written or printed Catalogue, attefted and figned by fuch Auctioneer, or his known Clerk; in which Catalogue fhall be particularly expreffed and enumerated each and every Article, Lot, Parcel, and Thing, by fuch Auctioneer intended to be fold at fuch Auction: And if any fuch Auctioneer fhall prefume to fell any Eftate, Goods, or Effects, by way of Auction, without delivering the Notices and Catalogues herein before required to be delivered, or fhall, at any fuch Sale, fell any Eftate, Goods, or Effects, not particularly exprefled or enumerated in fuch Catalogue, every fuch Auctioneer fhall, for every fuch Offence, forfeit and lofe the Sum of twenty Pounds.

X. And be it further enacted by the Authority aforefaid, That if any fuch Auctioneer, fo felling by Auction at any Place within England or Wales, not within the Limits of the faid Chief Office of Excife in London, fhall not be prepared to deliver in the Account, by this Act required, to the Collector of Excife within whofe Collection fuch Notice was delivered, and fuch Sale by Auction made, then, and in fuch Cafe, fuch Auctioneer fhall, and he is hereby permitted and required to deliver in his Account of fuch Sale, within fix Weeks after every fuch Sale, at the faid Chief Office of Excife in London, and to the Perfon appointed to receive the fame, and fhall, at the fame Time, deliver to the fame Perfon a true Copy of

the

the Notice, and of the Catalogue by him before delivered to the faid Collector; and if any fuch Auctioneer fhall neglect to deliver fuch Copy of the faid Notice, or of the faid Catalogue, every Auctioneer offending therein thall, for each Offence, forfeit and lose the Sum of twenty Pounds.

XI. And whereas it may fometimes happen that Sales at Auction of Eftates or Goods may be ren⚫dered null and void, by reafon that the Perfon, for whofe Benefit the fame fhall be fold, had no Title to, or no Right to difpofe of, the fame;' be it further enacted by the Authority aforefaid, That, from and after the faid fifth Day of July one thousand feven hundred and feventy-nine, if any Sale by Auction of any Eftate, Goods, or Chattels, fhall be rendered void, by reafon that the Perfon for whofe Benefit the fame was fold had no Title to the fame, or no Right to difpofe thereof, then, and in every fuch Cafe, it fhall and may be lawful for the Auctioneer, who paid the Duty for the Thing fo fold, or for the Perfon for whose Benefit the fame was fo fold, to lay his, her, or their Complaint before the Commiffioners of Excife,. or Juftices of the Peace, within whofe Jurifdiction refpectively fuch Sale was made; and the faid Commiffioners of Excife, or Juftices of the Peace, refpectively, upon fuch Complaint to them made, by or on the Behalf of fuch Auctioneer, or by or on the Behalf of the Perfon for whofe Benefit the fame was fold, fhall and are required to hear and determine all fuch Complaints, and examine the Witneffes upon Oath. which fhall be produced, as well on the Behalf of the Party making fuch Complaint, as on the Behalf of all and every other Party and Parties; which Oath they have hereby Power to adminifter; and thereupon, or by other due Proof, to relieve the Party fo complaining of fo much of his, her, or their respective Payments, as shall be fo made out before them to have been over-paid; any Thing in this Statute to the contrary notwithstanding.

XII. Provided alfo, and it is hereby enacted by the Authority aforefaid, That in cafe the real Owner of any Eftate, Goods, or Effects, put up to Sale by way of Auction, fhall become the Purchafer, by means of his own Bidding, or the Bidding of any other Perfon on his Behalf, or for his Ufe, at fuch Sale, without Fraud or Collufion, then, and in fuch Cafe, the refpective Commiflioners of Excife in Great Britain, and fuch Collectors, Supervifors, and other Officers of Excife, as are hereby refpectively authorifed, within their respective Collections and Diftricts, to receive the faid Duties, are hereby authorifed and required to make an Allowance to fuch Owner of the Duties arifing by this Act upon fuch Bidding; provided Notice be given to the Auctioneer before fuch Bidding, both by the Owner and the Perfon intended to be the Bidder, of the latter being appointed by the former, and having agreed accordingly to bid at the Sale for the Ufe and Behoof of the Seller; and provided fuch Notice be verified by the Oath of the Auctioneer, as alfo the Fairness and Reality of the faid Tranfaction, to the beft of his Knowledge and Belief; and in cafeany Difpute fhall arife whether fuch Purchafe by the Owner was not made by Collufion, or in order to leffen the full Sum appointed by this Act to be paid, or concerning the Fairnefs of fuch Tranfaction, then, and in fuch Cafes, the Proof thereof fhall lie upon the Perfon acting as Auctioneer; and on Failure therein, or in cafe of any unfair Practice, then no fuch Allowance shall be made as aforefaid; any Thing herein contained to the contrary notwithstanding.

XIH. Provided always, and it is hereby further enacted by the Authority aforefaid, That nothing in this Act contained fhall extend to any Sale or Sales, by way of Auction, of Eftates or Chattels, made by any Rule, Order, or Decree of his Majefty's Court of Chancery, or of Exchequer in England, before the Mafter in Chancery, or the Deputy Remembrancer of the faid Court of Exchequer; or by any Order or Decree of the Courts of Great Seffions in Wales, or by any Order or Decree of the Court of Seffion or Exchequer in Scotland refpectively; or to any fuch Sales made by the Eaft India Company, or the Hudfon's Bay Company; or by Order of his Majefty's Commiffioners for the Duties of Cuftoms or Excife; or by Order of the Board of Ordnance, or Commiffioners of the Navy or Victualling Offices; nor to the Sale by Auction of any Goods diftrained for Rent, or for Nonpayment of Tithes; any Thing herein before to the contrary notwithstanding.

fhall, within fix Weeks after

Sale, deliver it at the ExcifeOffice,

If Sale fhall be void, owing to a the Auctioneer,. &c. may com.

defective Title,

plain, &c.

Where Owners

of Eftates, &c. bid themselves,

or employ others to bid for them, an Allowance of the Duties is to

be made accord

ingly, &c.

Certain Auc

tions to which this Act shall

not extend.

Not to extend to

Auctions for granting Copy

hold or Custom

XIV. Provided alfo, That nothing in this Act contained fhall extend to any Auction to be held, on the Account of the Lord or Lady of any Manor, for the granting any Copyhold or Cuftomary Meffuages, Lands, or Tenements, for the Term of a Life or Lives, or any Number of Years; or to any Auction to be held for the letting or demifing any Meiluages, Lands, or Tenements, for the Term of a Life or Lives, ary Lands, &c. or any Number of Years, to be created by the Perfon or Perfons on whofe Account fuch Auction fhall be held; or to the Sale or Sales of any Woods, Coppices, Produce of Mines or Quarries, or to any Contract relating thereto, or to the cutting or working the fame, or to the Sale of any Materials ufed in the working. of fuch Mines or Quarries refpectively; or to the Sale of any Cattle, and live or dead Stock, or unmanufactured Produce of Land; fo as fuch Sale or Sales of Woods, Coppices, Produce of Mines or Quarries, Cattle, Corn, Stock, or Produce of Land, be made whilft they continue on the Lands producing the fame, and by the Owner or Owners of fuch Lands, or Proprietor or Proprietors of, or Adventurer or Adventurers in fuch Mines or Quarries refpectively, or by his or their Steward or Agent, Stewards or Agents; any Thing herein contained to the contrary notwithstanding,

Neither this nor former A&t to extend to any Sheriff's Au thority for the Benefit of Cre ditors; nor to

Sale under a.

XV. Provided alfo, and it is hereby further enacted by the Authority aforefaid, That nothing in this or in the faid recited Áct contained, fhall extend, or be conftrued to extend to charge with the faid Rate or Duty, any Estate, Goods, or Chattels, fold at Auction, under the Authority of any Sheriff or Underfheriff, for the Benefit of Creditors, in Execution of any Judgement had or obtained; or any Eftate or Effects of Bankrupts, fold by Order of the Affignee or Affignees under any Commiffion of Bankruptcy; or any Goods imported into this Kingdom, by way of Merchandise, from any British Colony or Plantation in America, the fame being of the Growth, Produce, or Manufacture of the faid Colonies or Plantation, on the first Sale of fuch Goods, by or for the Account of the original Importer to whom the fame were configned, and by whom they were entered at the Custom-house at the Port of Importation, fo as fuch der of Affignces Sale &c..

8

Effects of Bank. rupts fold by Or.

Auctioneers

Telling any Ef fects, &c. feized

in Execution, thall enumerate

the Particulars,

which fhall be

Icertified by the
Sheriff, &c.;

and Auctioneers employed to fell

Sale be made within twelve Months after fuch Goods fhall be fo imported; nor to any Ships, or their Tackle, Apparel, and Furniture, or the Cargoes thereof, which may be taken and condemned as Prize, which fhall be fold in this Kingdom, by or for the Benefit of the Captors thereof; nor to charge with the faid Rate or Duty any Ships or Goods that may be wrecked or stranded, on the Coafts of this Kingdom, and fold by Auction for the Benefit of the Infurers or Proprietors thereof, or which may be fold free of Duty, to defray the Charges of Salvage; nor to charge with the faid Rate or Duty any Goods damaged by fire, and fold by Order of and for the Benefit of the Infurers of fuch Goods; nor to Sales made by Trustees chofen in pursuance of an Act, made in the twelfth Year of the Reign of his prefent Majefty, intituled, An Act for rendering the Payment of the Creditors of Infolvent Debtors more equal and expeditions; and for regulating the Diligence of the Law by Arreftment and Poinding; and for extending the Privilege of Bills to Promifery Notes; and for limiting Actions upon Bills and Promiffory Notes, in that Part of Great Britain called Scotland; any Thing herein contained to the contrary notwithstanding.

XVI. And for the better and more effectual preventing Frauds which may be practifed by Auctioneers felling Eftates, Goods, or Chattels, under the Authority of Sheriffs, or their Under-fheriffs, or under the Order and Direction of the Affignees under any Commiffion of Bankruptcy;' be it further enacted by the Authority aforefaid, That, from and after the faid fifth Day of July one thousand feven hundred and feventy-nine, every Auctioneer who fhall fell at Auction any Eftates, Goods, or Chattels, that have been feized by any Sheriff, or Under-fheriff, or by their Authority, and by them, or either of them, taken for the Benefit of Creditors, in Execution of any Judgement had and obtained, fhall fpecify and enumerate, in the Catalogue by him to be delivered under the Directions of this Act, as well the particular Eftates and Effects to be fold, and alfo the exact Sum to be levied under fuch Execution; and the Sheriff or Under-fheriff refpectively thall, and they are hereby required to fubfcribe and fign every fuch Catalogue, and to certify at the Foot thereof, that all and every the Eftates, Goods, and Effects, in fuch Catalogue refpectively specified and enumerated, were really and truly the Property of the Perfon against whom fuch Judgement was had and obtained, and that the fame, and every Part thereof, were actually feized in Execution of the fame Judgement; and every Auctioneer who fhall be employed, by the Affignees under any Commiffion of Bankruptcy, to fell the Effects of any Bankrupt, fhall likewife fpecify and enumerate, in the Catalogue to be by him delivered as aforefaid, the particular Goods and Effects then to be fold; and the Affignees, or the Affignee, if only one under fuch Commiffion, fhall, and he and they is and are hereby required to fubfcribe and fign fuch Catalogue, and to certify, at the Foot thereof, that all and every the Eftates, Goods, Chattels, and Effects, in fuch Catalogue refpectively fpecified and enumerated, were really and truly the Property of the faid Bankrupt at the Time of fuing forth the faid Commiffion; which refpective Catalogue, fo figned and certified as aforefaid, fhall be produced by every fuch Auctioneer, to the Perfon to whom fuch Auctioneer is by this Act directed to deliver his Account, before fuch Penalty on She- Auctioneer fhall be permitted to pafs his Account, or to have the fame allowed: And if fuch Sheriff, Under-fheriff, Affignce or Affignees refpectively, fhall infert, or fuffer or permit to be inferted, in any fuch Catalogue fo to be fubfcribed, figned, and certified, as aforefaid, any Eftate, Goods, Chattels, or Effects whattoever, other than fuch as were really and truly the Property of the Debtor or Debtors, Bank! rupt or Bankrupts, as aforefaid, respectively; or if any Sheriff or Under-fheriff fhall omit or neglect to certify on fuch Catalogue the true Sum to be levied, or thall certify thereon any falfe Sum to be levied, then, and in every fuch Cafe, the Party offending fhall, for every fuch Offence refpectively, forfeit and lofe the Sum of twenty Pounds.

the Effects of any Bankrupt, hall enumerate the Particulars as aforefaid,

which fhall be certified, &c.

riff, &c.

Auctioneers employed to fell Goods damaged by Fire, fhall enumerate the

articulars, &c.

Penalties and
Forfeitures.

XVII. And be it further enacted by the Authority aforefaid, That, from and after the faid fifth Day of July one thoufand feven hundred and feventy-nine, every Auctioneer who fhall be employed to fell any Goods damaged by Fire, fold by Order of, and for the Benefit of, the Infurer or Infurers of fuch Goods, fhall fpecify and enumerate, in the Catalogue to be by him delivered as aforefaid, the particular Goods then to be fold; and the Infurers, or the Infurer, if only one, fhall, and he and they is and are hereby required to fubfcribe and fign fuch Catalogue, and to certify, at the Foot thereof, that all and every the Goods in fuch Catalogue refpectively specified and enumerated, were really and truly fold for the Benefit of fuch Infurer or Infurers; which Catalogue, fo figned and certified as aforefaid, fhall be produced by every fuch Auctioneer, to the Perfon to whom fuch Auctioneer is, by this Act, to deliver his Account, before fuch Auctioneer fhall be permitted to pafs his Account, or to have the fame allowed: And if fuch Infurer or Infurers refpectively fhall infert, or fuffer or permit to be inferted, in any fuch Catalogue fo to be fubfcribed, figned, and certified as aforefaid, any Goods whatfoever other than fuch as were really and truly to be fold for the Benefit of him or them as aforefaid; or if any Infurer or Infurers fhall omit or neglect to certify on fuch Catalogue the true Particular of the Goods to be fold; then, and in every fuch Cafe, the Party offending fhall, for every fuch Offence refpectively, forfeit and lofe the Sum of twenty Pounds.

XVIII. And be it further enacted by the Authority aforefaid, That all Fines, Penalties, and Forfeitures, impofed by this Act, fhall be fued for, levied, recovered, or mitigated, by fuch W Vays, Means, and Methods, as any Fine, Penalty, or Forfeiture, is or may be recovered or mitigated, by any Law or Laws of Excife, or by Action of Debt, Bill, Plaint, or Information, in any of his Majefty's Courts of Record at Westminster, or in the Court of Exchequer in Scotland; and that one Moiety of every fuch Fine, Penalty, or Forfeiture (all neceflary Charges for the Recovery thereof being firft deducted), fhall be to his Majefty, his Heirs and Succeffors, and the other Moiety to him or them who fhall difcover, inform, or fue for the fame.

CAP