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Lyttelton Times, Volume LXXVI, Issue 9489, 11 August 1891, Page 4

The Bill now before Parliament to regulate the licensing of auctioneers, aims at several important alterations in the law relating to this important mercantile class. By the interpretation clause what are known as “ Dutch auctions ” are abolished, and it is evidently intended that, while the auctioneers are to be compelled to render, prompt account sales, and guarantee payment for goods entrusted to them for sale, their business is not to be interfered with by those who are not licensed. In future auctioneers’ licenses are to be granted by the local bodies. A twothirds majority at a meeting of the local body may, however, decide that the applicant is not a fit and proper person to receive a license. The clerks of the local bodies are to issue the licenses. The fee is fixed at MO per annum. Provision is, however, made that the Governor may declare special districts comprising respectively (a) parts of the Colony which are sparsely populated, (b) or districts excepted from the operation of the Counties Act, (c) or districts which are not within any County. In these special districts the license fee will be .£lO. A clause of this kind is of doubtful utility. The responsibility of declaring such districts should not be left with the Government. It opens the door for favouritism and wire-pulling. Parliament should take the responsibility from the Government, and mark the line which is to divide the two classes of districts. It would not be difficult to fix the standard. A sliding scale would probably ba the easier method, .£4O being the maximum, and .£lO for town districts or boroughs of less than one thousand population the minimum. A good deal of friction has been caused in the past by the rival claims of local bodies to the fees for licenses. This will be set at rest by the allotment of two-tbirds to the local body in which the licensee has bis chief place of business, and the other third to the local body of the district in which he resides. A new feature in the Bill is the power granted to an auctioneer to appoint a substitute iu case of illness or absence from the district in which his principal office is placed. The license does not, as at present, lapse in case of death or bankruptcy, but may be transferred; and the Licensing Act is so far amended as to allow of an auctioneer holding a wholesale license. The most important clauses of the Bill are, however, those which refer to the rendering of account sales and the keeping of the proceeds of auction sales iu a separate account. These are points upon which legislation was badly wanted. The Auckland farmers have, during the past few years, lost heavily from failures amongst produce auctioneers. In Canterbury, also, not very many months ago, a large number ofi sheep and cattle owners were “ left lamenting,” their money being irretrievably lost through the bankruptcy of the auctioneer to whom they had entrusted their stock.. By

the amendments which the Hon W. D. Stewart has carried in the Legislative Council, it is provided that auctioneers shall render account sales and pay over the proceeds within seven days; i£ after a written demand in that behalf the auctioneer neglects to pay over the amount, he is to be liable to a penalty of .£lO. He is also required to pay all moneys received by him on account of sales into a bant to a “ general or separate trust account.” The moneys so deposited are to be held exclusively for the owner, and are not liable to attachment or execution, nor to he available in any way for the payment of the other debts of the auctioneer. A penalty of £IOO may be inflicted for wilful breach of the provisions of this section. The above are some of the more salient points of the Bill, and, as it repeals all the provincial ordinances, and puts the law relating to auctioneers on a sounder footing, it should be hailed with satisfaction by all classes of the community.