AUCTIONEERS' AMENDMENT BILL.

Lyttelton Times, Volume IV, Issue 215, 22 November 1854, Page 4

AUCTIONEERS' AMENDMENT BILL.

A BILL to repeal the Auctioneers' Ordinance and Auctioneers' Amendment Ordinance of New Zealand, and to make other provision in lieu thereof within the Province of Canterbury/. Whereas an Ordinance was passed by the Governor and Legislative Council of New Zealand, entituled "An Ordinance for licensing Auctioneers," Session 11., No. 13; and whereas a similar Ordinance was passed, entituled " An Ordinance to amend an Ordinance for licensing Auctioneers,' 1 Session 111., No. 10 ; and whereas it is desirable thai the said recited Ordinances should be repealed, and that further provision should be made for regulating the issue of Auctioneers' Licenses within the Province of Canterbury. Be it enacted by the Superintendent of the Province of Canterbury, by and with the advice of the Provincial Council thereof, as follows :— 1. From and after the day when this Ordinance shall come into operation the above recited Ordinances shall be, and the same are hereby repealed within the said Province. 2. The Provincial Treasurer shall issue an Auctioneer's License to any person who shall, at any time during the year, on applying for the same, pay into his hands the sum of Twenty Pounds sterling. 3. Every such license shall be in the form in Schedule (A) hereunto annexed; and shall commence either on the first day of January or on the first day of July, and shall be in force for the term of six calendar months. Provided always, that it shall be lawful for the Provincial Treasurer to issue Licenses, in accordance with the provisions of this Ordinance, which shall commence on the twenty-fifth day of April next, (1855) and shall be in force until the expiration of the thirtieth day of June next, and for which a fee of only seven pounds, eight shillings (£7 Bs.) shall be payable.

4. The original holder of every such License may transfer the same by endorsempiit made thereon in the form of Schedule B hereunto annexed, and signed before the Provincial Treasurer, who shall also attest the signing of such endorsement; hut no License shall be more than Ignce transferred. Any person to whom transfei shall be so made, shall be deemed to be duly licensed, in lieu of the first.Licensee. 5. Within ten days after the issuing any such License or attesting any such transfer, the Provincial Treasurer shall notify the same in the Government Gazette of the Province, or in some newspaper published therein, and shall at the same time publish the name, place of abode, and calling of the holder, or transferee, as the case may be. 6. If any person so licensed shall exercise his business or calling of an auctioneer by any artificial light, or after the hour of seven o'clock in the evening during the residue of the year, he shall forfeit and pay for every such offence any sum not exceeding fifty pounds sterling. 7. If any person not being duly licensed under the provisions of this Ordinance shall sell any estate, goods, or effects by way of Public Auction or Tender, or in any way whereby the highest bidder shall be deemed the purchaser, either by public sale or otherwise, he shall forfeit and pay for every such offence a sum of not less than ten pounds, nor more than one hundred pounds sterling. 8. In all proceedings taken against any person for having acted as an Auctioneer without License, such person unless he shall produce his license or a duly attested copy thereof, or bring other satisfactory proof of his having been duly licensed at the time at which the offence shall have been committed shall be deemed to have been unlicensed. 9. All fines and penalties recovered under tins Ordinance, shall after deducting the charges of prosecution be given and paid as follows; that is to say, two-thirds to the Provincial Treasurer, on behalf of Her Majesty, her heirs and successors for the public uses of the Province of Canterbury, and the remaining one-third to the prosecutor, or as the case may be to the prosecutor and to any person or persons who shall have given information leading to the prosecution in such portions as the Court shall in their discretion think proper. 10. Nothing herein contained shall extend to any sale by order of the Governor of New Zealand, or of the Superintendent of the Province, or of any Collector or Sub-Collector of Customs, or to any sale of any vessel, or the apparel, stores, or cargo of any vessel which may be taken and condemned as a prize, and sold for the benefit of the captors: —or to any sale of goods distrained by order of any Justices of the Peace. 11. All fines and penalties imposed hereby shall be sued for, and recovered, in a summary way, but at the instance only, and in the name of "the Provincial Treasurer or Solicitor, or any other person lawfully acting in that behalf. 12. For the purposes of this Ordinance the terra Provincial Treasurer shall be taken to include Provincial Sub-Treasurers. 13. This Ordinance shall come into operation on the twenty-fifth day of April, in the year of our Lord one thousand, eight hundred, and liny-five. 14. This Ordinance shall be entitnled, and ; may be cited as the Auctioneers' Ordinance, i Session 111. No. S SCHEDULE A. K>RM OF AUCTIONEEtt's LICENSE. :. Provincial Treasury, (Lyttelton). i day of 185 \ (name at length) of (street and town or I jyliice of abode), (trade or calling), is hereby I Micensed to exercise the business or calling of a Public Auctioneer from the first day of (January or June) next, (or last past) (year, i), for the term of six calandar months. 'Hie said (name) having this day (personally °r by his duly accredited agent) paid into the Provincial Treasury, the sum of twenty pounds sterling (or, in case of clause 4, seven pounds eight shillings). (Signed) Provincial Treasurer SCHEDULE B. FORM OP ENDOBSEMENT. Provincial Treasury^ f T day of 185 . *> (name at length), being bond fide the original holder within named of this License, do

hereby transfer all my powers under the same to (name) of (street, town, place of abode), (trade, or calling.) (Signed) Original Licensee. Witness to signature Provincial Treasurer.