SALE OF LAND BY AUCTION ORDINANCE, 1886

SALE OF LAND BY AUCTION ORDINANCE, 1886

Sale of Land by Auction.

No. 13 of 1886.

An Ordinance entitled An Ordinance to amend the Law as to
Sales of Land by Public Auction.


[7th May, 1886.]

able to assirnilaa,te the law of the Colony to the,
law of Enatand relating to the sale of land by public auction ;
Be it enacted by the Governor of Honakoncr, with the advice of the
Le(rislztive Council thereof. as follows :-

~1o>>t tz>e. 1. This Ordinance may be cited for all purposes its The Sale
o, f Leznd
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~. 4s, § 1.~.Ly Azteticn Ordinance, .T886.'

wCOmmence-

°ftyent of

`= = Ordnance.

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'~;ton; of teLrn ,

y .zbi~: § 3.1 Ihnd, whether in lots or otherwise:

2, This Ordinance shall commence and take effect on a day to be

proclaimed by the Governor.

`3. Auctioneer shall mean any person selling by public auction any..

Land shall mead any interest in any messuages, lands, or tene-
meats of whatever tenure within the Colony.

Mile 4. The hnr~tic~ulars or conditions of sale by auction of a,ny:land
shall
res~ectti;~ ' state wIzet,her such land will be sold without reserve; or
subject to a re=
gales ~tl~aut-
rGServE. served price, or whether a right to bid is reserved. If it isstated that
such land will be sold without reserve, or to that effect, then it shall not
Ordinance No. 13 of 1886.

Sale of Land by Auction.

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.

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

6. NO ope11111a of the hiddings on any sale by auction of land
under or by virtue of any order of the Supreme CourtCourt, of Honzgkong
shall, from and after the c~omniencemeut of this Ordinance, be allowed,
and the hilliest bona fide bidder at suelz~sale, provided be shall have
bid
<a. surn equal to or higller than the reserved price (if any), shall be
declared acrd allowed the purchaser, unless tire Court or Judge shall, on
the ~roLllld of fraud or improper conduct in the manaaelnent of the sale,
upon the application of any person interested in the land (such applica-
tion to be made to the Court 'or Judge before the (ae(,istrar's
certificate
of the result of tire sale shall lave become binding), either open the
hidding,s, lloldincr such binder bound by his biddirr-; or discharge hilri
from being the purchaser, andp brder the land to be re-sold upon such
terms as to costs or otherwise ors the Court or Judge shall think~fit.

7. Except 'as aforesaid, nothing in this Ordinance contained shall

effect any sole of land made under or by virtue of any order of the
supreme Court or of any other Court lraving jurisdiction within the
(colony. _

[In force ,from 1211, July, 1886, 2mdex° pwlariaution of the. 10th July,
1886.
1984

Short title.
[30 & 31 V. c. 48, s. 1]
Commencement of Ordinance.
[Ibid. s. 2.]
Interpretation of terms.
[Ibid. s. 3.]
Rule respecting sales without reserve.
[Ibid. s. 4.]
1985
Rule respecting sale subject to right of seller to bid as he may think proper.
[Ibid. s. 5.]
Practice of opening biddings, by order of Court except on ground of fraud to be discontinued.
[Ibid. s. 6.]
Supreme Court, &c. in other respects excepted from operation of Ordinance.
[Ibid. s. 7.]

1984

Short title.
[30 & 31 V. c. 48, s. 1]
Commencement of Ordinance.
[Ibid. s. 2.]
Interpretation of terms.
[Ibid. s. 3.]
Rule respecting sales without reserve.
[Ibid. s. 4.]
1985
Rule respecting sale subject to right of seller to bid as he may think proper.
[Ibid. s. 5.]
Practice of opening biddings, by order of Court except on ground of fraud to be discontinued.
[Ibid. s. 6.]
Supreme Court, &c. in other respects excepted from operation of Ordinance.
[Ibid. s. 7.]

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No. 13 of 1886

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