SALE OF LAND BY AUCTION ORDINANCE, 1886
Title
SALE OF LAND BY AUCTION ORDINANCE, 1886
Description
No. 8 of 1886.
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 re-
lating to the sale of land by public auction to the law of England
on the same subject :--
1. The Sale of Land by Auction Ordinance, 1886,
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 tene-
ments 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 reserved price, or whether a right to bid is reserved.
(2) If it Is stated that such land will 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 know-
ingly 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
selling 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 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 thee 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
sake of land made. under or by virtue of any order of Court.
[30 & 31 Vict.c. 48 s.1.] Short title. Interpretation of terms. [30 & 31 Vict.c.48 s.3.] Rule respecting sale without reserve. [ib.s.5.] Sale subject to right of seller to bid. [ib.s.6.] Discontinuance of practice of opening biddings by order or the Court, except on ground of fraud. [ib.s.7.] Sales by order of Court. [ib.s.8.]
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 re-
lating to the sale of land by public auction to the law of England
on the same subject :--
1. The Sale of Land by Auction Ordinance, 1886,
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 tene-
ments 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 reserved price, or whether a right to bid is reserved.
(2) If it Is stated that such land will 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 know-
ingly 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
selling 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 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 thee 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
sake of land made. under or by virtue of any order of Court.
[30 & 31 Vict.c. 48 s.1.] Short title. Interpretation of terms. [30 & 31 Vict.c.48 s.3.] Rule respecting sale without reserve. [ib.s.5.] Sale subject to right of seller to bid. [ib.s.6.] Discontinuance of practice of opening biddings by order or the Court, except on ground of fraud. [ib.s.7.] Sales by order of Court. [ib.s.8.]
Abstract
[30 & 31 Vict.c. 48 s.1.] Short title. Interpretation of terms. [30 & 31 Vict.c.48 s.3.] Rule respecting sale without reserve. [ib.s.5.] Sale subject to right of seller to bid. [ib.s.6.] Discontinuance of practice of opening biddings by order or the Court, except on ground of fraud. [ib.s.7.] Sales by order of Court. [ib.s.8.]
Identifier
https://oelawhk.lib.hku.hk/items/show/825
Edition
1912
Volume
v1
Subsequent Cap No.
27
Cap / Ordinance No.
No. 8 of 1886
Number of Pages
2
Files
Collection
Historical Laws of Hong Kong Online
Citation
“SALE OF LAND BY AUCTION ORDINANCE, 1886,” Historical Laws of Hong Kong Online, accessed November 23, 2024, https://oelawhk.lib.hku.hk/items/show/825.
