Auctioneers Act

Link to law: http://laws.gov.ag/acts/chapters/cap-37.pdf
Published: 1924

Auctioneers (CAP. 37 1

CHAPTER 37

THE AUCTIONEERS ACT

Arrangement of Sections
Section

1. Short title.
2 . Auctioneers.
3 . L' ~cences.
4 . Refusal and cancellation of licences.
5. Penalties.
6 . Auctioneers to keep accounts.
7. Power to grant permission to sell at auction without

1' ~cence.
8. Exceptions.

SCHEDULE A.
SCHEDULE B.

AUCTIONEERS

(6th August, 1924.)

1. This Act may be cited as the Auctioneers Act. Short

2. Any person- Auctioneers.
(a) who exercises or carries on the trade or business

of an auctioneer, or

( b ) who acts in such capacity at any sale, or

(c) who sells or offers for sale any goods or chat-
tels, lands, tenements or hereditaments, or any interest

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 37) Auctioneers

Licences.

therein, at any sale where any person becomes the pur-
chaser of the same by competition and being the highest
bidder, either by being the single bidder or by increas-
ing upon the biddings made by others or decreasing on
sums named by the auctioneer or person acting as auc-
tioneer, or other person at such sale, or by any other
mode of sale by competition,

shall be an auctioneer within the meaning of this Act.

3. (1) Every auctioneer shall before conducting any
sale by auction take out an auctioneer's licence.

(2) Before an auctioneer's licence is issued to any person
such person shall give to the satisfaction of the Governor-
General good and sufficient security in the sum of four hun-
dred and eighty dollars for the faithful performance of the
duties of his calling or business and for the purpose of securing
the payment of any fines, penalties, judgments, damages or
costs which may be imposed upon or recovered against him
as auctioneer.

(3) The licence shall be issued by the Commissioner
of Inland Revenue on payment of the duty thereon, provided
the Commissioner of Inland Revenue is satisfied that the
applicant for such licence has complied with the provisions
of the preceding subsection.

Schedule A. (4) The licence shall be in the form set forth in
Schedule A and there shall be paid in respect thereof the
sum of nine dollars and sixty cents. Every such licence shall
expire on the 31st day of December and shall be renewed
annually ten days at least before the expiration thereof.

(5) The issue of all licences under this Act shall be
notified in the Gazette.

Refusal and 4. (1) Notwithstanding anything in the preceding sec-
cancellation of
licences. tion contained, the Commissioner of Inland Revenue may

refuse any application for an auctioneer's licence or to renew
any such licence, and may cancel the licence of any auc-
tioneer who has-

(a) been convicted of any offence under this Act, or

LAWS OF ANTIGUA AND BARBUDA

Auctioneers (CAP. 37

( b ) failed to account for or pay over any moneys
or property which have come into his possession or con-
trol as such auctioneer, or

( c ) parted with any property entrusted to him for
sale without obtaining payment for the same and has
failed to make good to his employer the value thereof, or

(d) otherwise misconducted himself as an
auctioneer.

( 2 ) A refusal to issue or to renew, or the cancellation
of, an auctioneer's licence shall be notified to the person
affected thereby under the hand of the Commissioner of
Inland Revenue.

(3) Any person aggrieved by any action of the Com-
missioner of Inland Revenue under this section may appeal
to the Governor-General whose decision shall be final.

5 . Any person who having had an auctioneer's licence Penalties.
continues to carry on business as an auctioneer in the year
next ensuing the expiration thereof, and omits to renew the
same, and any person who carries on an auctioneer's business
without an auctioneer's licence, shall, except as in this Act
provided, on summary conviction, be liable to a penalty not
exceeding three thousand dollars.

6 . (1) Every licensed auctioneer shall keep a regular Auct i~neer~ keep accounts.o
and correct account of all property sold by him at auction,
such account to be written by him in a book to be kept for
that purpose in the form contained in the Schedule B, and schedule B.
every such book shall be open to the inspection of every
person interested.

( 2 ) Any person who fails to comply with any of the pro-
visions of this section shall, on summary conviction thereof,
be liable to a penalty not exceeding three thousand dollars.

7. Notwithstanding anything in this Act, the Governor- ~ ~ ~ ; s ? ~ r ~ : e l ,
General may grant permission to any Government Officer .t auction
to sell at auction any property on account of the Government. without licence.

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 37) Auctioneers

Exceptions. 8 . This Act shall not apply to auction sales-
(a) by the Registrar, Provost-Marshal, bailiff or

any other officer of a Court of Justice on legal process
in the exercise of any powers conferred on them by law;

(b ) by any police officer or other public servant in
any department of the Government Service where such
sales are held under the provisions of any written law
or departmental regulation;

(c) of fresh fish on the sea shore where the same
has been first landed.

SCHEDULE A

Licence

No.
Licence is hereby granted to

of to carry on the business of an
Auctioneer.

This Licence will expire on the 31st December, 19 .
Dated this day of 19 .

Commissioner of Inland Revenue.

LAWS OF ANTIGUA AND BARBUDA

Auctioneers (CAP. 37 5

SCHEDULE B S. 6(1)

Form of Sale Book

Sale of Property belonging to ...........................................

Date
Specification of

article Purchaser Amount
Terms of
payment
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