SALE OF LAND BY AUCTION ORDINANCE, 1886

SALE OF LAND BY AUCTION ORDINANCE, 1886

No. 8 of 1886.,
an Ordinance to amend the law as to sales of land by public
auction.,
[12th July 1886.]

WHEREAS it is ddsirable to assimilate the law of the Colony relating to
the sale of land by public auction to the law of England on the
same subject:-

1. This Ordinance may be elted is the Sale of Land by
Auction Ordinance 1886.

2. In this Ordinance

(a) Auctioneer means any person selling by public
auction any land, whether in lots or otherwise.

As amended by Law Rev. Ord., 1923.

(b) Land means any interest in any messuages, lands,
or tenements of whatever tenure within the Colony.

3.-(1) The particulars or conditions of sale by auction of
any laud shall state whether such land will be land without
reserve, or subject to a reserved price, or whether a right
to bid is reserved.

(2) If it is stated that such land will be sold without
reserve or to that effect, then it shall not be lawful for the
seller to employ any person to bid at such sale or for the
auctioneer to take knowing any bidding from any such
person.

4. Where my sale by auction of land is land is declared, either
in the particulars or conditions of such sale, to be, subject to
a right for the seller to bid, it shall be lawful for the seller
or any one person on his behalf to bid at such auction in
such manner as he may think proper.

5. No opening of the bidding on any sale by auction of
land under or by virtue of any order of the Supreme Court
shall be allowed, and the highest bona^ fide higher at such
sale, provided he has bid a sum equal to or higher than the
reserved price, if any, shall be declared and allowed the
purchaser, unless the court or judge, on the ground of fraud
or improper conduct in the management of the sale, on the
application of any person interested in the land (such
application to be made to the court or judge before the
Registrar's certificate of the result of the sale has become
binding,), either opens the biddings, holding such bidder
bound by his bidding, or discharges him from being the
purchaser, and orders the land to be re-sold, on such terms
as to costs or otherwise as the court or judge may think fit.

6. Except as aforesaid, nothing in this Ordinance shall
affect any sale of land made under or by virtue of any order
of court.
[Originally No. 13 of 1886. Law Rev. Ord., 1924.] Short title. 30 & 31 Vict.c. 48, s. 1. Interpretation. 30 & 31 Vict.c. 48, s. 3. Rule respecting sale without reserve. 30 & 31 Vict.c. 48, s. 5. Sale subject to right of seller to bid. 30 & 31 Vict.c. 48, s.6. Discontinuance of practice of opening bidding by order of the court, except on ground of fraud. 30 & 31 Vict.c. 48, s. 7. Sales by order of court. 30 & 31 Vict.c. 48, s. 8.

[Originally No. 13 of 1886. Law Rev. Ord., 1924.] Short title. 30 & 31 Vict.c. 48, s. 1. Interpretation. 30 & 31 Vict.c. 48, s. 3. Rule respecting sale without reserve. 30 & 31 Vict.c. 48, s. 5. Sale subject to right of seller to bid. 30 & 31 Vict.c. 48, s.6. Discontinuance of practice of opening bidding by order of the court, except on ground of fraud. 30 & 31 Vict.c. 48, s. 7. Sales by order of court. 30 & 31 Vict.c. 48, s. 8.

https://oelawhk.lib.hku.hk/items/show/1116

1923

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