SALE OF LAND BY AUCTION ORDINANCE, 1886

SALE OF LAND BY AUCTION ORDINANCE, 1886

No. 8 of 1886.

An0rdinance to amend the law as to sales of land by public auction.

[12th July, 1886.]

WHEREAS it is desirable 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 cited as 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.

(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 land
shall state whether such land will be sold without reserve, or subject to a
reservej 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 sate or for the auctioneer to take knowingly any bidding from any
such person.

4. Where any sale by auction of 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 bidder 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.] Short title 30 & 31 Vict. C. 48, s. 1. Interpretation. 30 & 31 Vict. c. 48, s. 3. Rule respecting sales 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 biddings by order of 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.] Short title 30 & 31 Vict. C. 48, s. 1. Interpretation. 30 & 31 Vict. c. 48, s. 3. Rule respecting sales 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 biddings by order of 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/1419

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