SALE OF LAND BY AUCTION ORDINANCE ORDINANCE

SALE OF LAND BY AUCTION ORDINANCE ORDINANCE

CHAPTER 27.

SALE OF LAND BY AUCTION.

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.

2. In this Ordinance-
'auctioneer' means any person selling by public auction
any land, whether in lots or otherwise;
'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 with-
out 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 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 13 of 1886. Fraser 8 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. 8, s. 5. Sale subject to right of seller to bid. 30 & 31 Vict. C. 48, s. 6. discontinuance of practice 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 13 of 1886. Fraser 8 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. 8, s. 5. Sale subject to right of seller to bid. 30 & 31 Vict. C. 48, s. 6. discontinuance of practice 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.

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