Ord. 6--1844. Laws repealed. What creditors en executions already levied. pari passu upon such proceeds and to claim that the same may be distributed amongst them pro ruta, as if the same had been levied under all the said writs collectively and without any distinction. And whereas this rule of law above mentioned is productive in practice of delay and inconvenience and it is expedient to modify the same: Be it therefore enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council thereof, that from and after the promulgation of this Ordinance all other laws and customs heretofore in force within this Colony in so far as the same are repugnant to or inconsistent with the provisions of this Ordinance shall be repealed, and the same are hereby repealed accordingly. 2. And be it enacted that from and after the promulgation of titled to benefit of this Ordinance no creditor lodging any writ of execution with the Sheriff or any other officer of the law proper for the execution of writs shall be entitled to share in or receive any part of the proceeds levied under any writ or writs of execution previously lodged, unless such creditor shall have lodged his said writ within ten days from the day on which was or were lodged the writ or writs under and in virtue of which the levy in the proceeds of which such creditor or creditors claim to share was made. No. 4.] [Jan. 30, 1844. Ordinance relating to Merchant Vessels arriving in the Ports of this Colony. [Repealed by Act No. 16, 1857.] No. 5.] [1844. Ordinance to prevent the spread of the Horse Disease called Glanders. [Repealed by Act 27, 1893.] No. 6.-Sd. George Napier.] [Feb. 28, 1844. Ordinance for regulating Sales by Auction. (') WHEREAS the law as contained in Ordinance No. 31, 1827, entituled "An Ordinance for abolishing the Office of Vendues, and for imposing certain Duties on Licences to be taken out by all persons acting as Auctioneers, and on Property sold by Auction," requires 1 The same duties upon auction sales as may from time to time be payable in the rest of the Colony are made payable in the districts of Idutywa, Butterworth, Nqamakwe, and Tsomo by paragraph 79 of Proc. No. 110 of 1879; in Griqualand East by paragraph 72 of Proc. No. 112 of 1879; and in Tembuland and the districts of Kentani and Willowvale by paragraph 71 of Proc. No. 140 of 1885. See Act 5 of 1858; Act 3 of 1876; Ord. 44 of 1828, § 17; Ord. 92 of 1832; Ord. 6 of 1848; Act 28 of 1883, §§ 2, 9, 16; Act 5 of 1884, §§ 24-28, Act 11, 1888; Act 15 of 1892, § 68. Ord. 6-1844. Ordinance No. 31 to be amended: And whereas the said law may be most conveniently amended by repealing the said Ordinance, and enacting other provisions in its room and stead: Be it therefore enacted by the Governor of the Colony of the Cape of Good Hope, with the advice and consent of the Legislative Council thereof, that from and after the first day of July, 1844, the said Ordinance No. 31, of 1927 repealed. 1827, shall be, and the same is hereby repealed, save and except in so far as the same repeals any former laws before that time in force in this Colony, and in so far as relates to, or concerns, the recovery of any duties imposed by virtue of the said Ordinance, or of any sum or sums of money due upon vendue notes or rolls, or in any manner become due by reason of, or in connection with, any public sale which shall be unpaid and in arrear on the said first day of July, 1844. tioner to be under 2. And be it further enacted, that from and after the said first, Business of aucday of July, 1844, it shall be lawful for any person complying licence with the regulations hereinafter mentioned, to exercise the trade or business of an auctioneer, upon taking out a licence, which shall be in force for one year from the date thereof ('), and no longer, from the commissioner of stamps in Cape Town, or the distributors of stamps in the several districts of the Colony, within their respective districts, on paper stamped, to the value of (') three pounds sterling, and which shall contain the true name and residence of the person taking out such licence; and if any person shall exercise Penalty. the said trade or business of an auctioneer, without having a licence in force at the time when he shall so exercise the said trade or business, or sell by way of auction as aforesaid, he shall, for every such offence, incur and be liable to the payment of a fine not exceeding one hundred pounds sterling, () to be recovered in any competent court, one-half of which shall be paid to the informer, and the other half to the Colonial Treasury. 3. [Lapsed.] 4. [Repealed by Act 5 of 1858.] ed immovable pro 5. And be it enacted, that when and as often as any machinery, Things to be deemimplements, utensils, or other matters or things belonging to, or perty. intended for, any trade or manufacture, and whether the same shall be fastened to the ground or building upon or in which the same shall be placed, or separable or separated therefrom, as the case may be, or any movable property whatever, shall be put up and sold in one lot together with any immovable property, (whether the immovable property upon or in which the same shall be at the time of the sale or not), then the whole of the said lot shall for the purpose of the payment of auction duty, and of transfer duty, be deemed and taken to be immovable property, and be chargeable as such. 1 But see Tariff 15, Schedule 2, Act 20 of 1884. See also § 6, Act 13 of 1870. Y Ord. 6-1844. Duty a 6. And be it enacted, that the several duties aforesaid shall be a charge charge upon the auctioneer, after the knocking down of the against auctioneer. hammer or other closing of the bidding, at every sale by way of auction. Licence to be given after security found. Amount for which security to be found. Accounts of sale to be upon oath. By whom security may be enforced. 7. And be it enacted, that no such licence as aforesaid shall be granted by the commissioner of stamps aforesaid, or any distributor of stamps to any person, until such person shall have produced to such commissioner or distributor, a certificate under the hand of the collector of taxes (1) in Cape Town, or the Civil Commissioner of the division, as in the next succeeding section mentioned, that such person has given the security in the said section described, and the said collector of taxes or Civil Commissioner, as the case may be, is hereby authorised and required to accept such security from every person desiring him so to do, and thereupon to grant a certificate under his hand. 8. And be it enacted, that every person about taking out such licence as aforesaid, shall enter into a recognizance before the collector of taxes, (') in Cape Town, if such person shall reside in Cape Town, and before the Civil Commissioner of the division in which such person resides, if he reside in the country (') in the sum of one thousand pounds sterling, with two sufficient sureties in the sum of five hundred pounds sterling each, which recognizance, with the condition thereof, shall be in the form in the schedule to this Ordinance prescribed and set forth; and such recognizance shall be acknowledged in the presence of, and shall be signed by, the said collector of taxes or Civil Commissioner as the case may be. 9. And be it enacted, that every person who shall have received such licence as aforesaid, or otherwise, the person who acted as his clerk at the sales in the account in the condition of the said recognizance mentioned and set forth, shall make oath (*) to the truth of every such account, and every person making such oath, shall, in case the same be false, be deemed to be guilty of the crime of perjury. 10. And be it enacted, that every such recognizance as aforesaid may be put in suit by the collector of taxes, or Civil Commissioner, as the case may be, before whom the same was acknowledged, or by the officer for the time being acting as such collector or Civil Commissioner; and in case of judgment being given against the defendant the licence granted upon such recognizance shall become void. 11. [Repealed by Act 28 of 1883 (Liquor Licensing Act).] 12. And whereas it may sometimes happen, that sales at auction when sale fairly from of property may be rendered null and void, by reason that the Relief from duty want of title. 1 See §§ 3 and 4, Act 3 of 1876. These recognizances to be taken before the Civil Commissioner of the division or the Resident Magistrate of the district in which the person requiring a licence resides. Declaration substituted for oath by Ord. 6 of 1845, repealed by Act 18, 1891, but see § 9 of latter Act. person for whose benefit the same shall be sold, had no title or no right to dispose of the same; be it further enacted, that from any after the said 1st day of July, 1844, if any sale by auction of and estate, goods, or chattels, shall be rendered void by reason that the person for whose benefit the same was so sold, had no title to the same, or no right to dispose thereof, then in every such case it shall be lawful for the auctioneer who paid the duty for the property so sold, or for the person for whose benefit the same was so sold, to lay his complaint before the (') collector of taxes, or Civil Commissioner within whose jurisdiction respectively such sale was made, who are hereby required and empowered to hear all such complaints, and to examine all witnesses produced upon oath, and shall report the case for the information of the Governor of this Colony for the time being, in order that the party may be relieved of so much of his payment as shall appear to have been overpaid. on Ord. 6-1844. 13. And be it enacted that in case the real owner of any No duty payable property put up to sale by auction shall become the purchaser by by purchases made means of his own bidding, or the bidding of any other person on his behalf, without fraud or collusion, then the said collector of taxes () and Civil Commissioner respectively, shall make an allowance to such owner of the duties hereby imposed upon such bidding, provided notice be given to the auctioneer before such bidding, both by the owner and the person intending to be the bidder, of the latter being appointed by the former, and having agreed accordingly to bid at the sale on behalf of the seller, and provided such notice be verified by the oath of the auctioneer, as also the fairness and reality of the said transaction, to the best of his knowledge and belief; and in case any dispute shall arise, whether such purchase by the owner was not made by collusion, or in order to lessen the full sum hereby appointed to be paid, or concerning the fairness of such transaction, then and in such case proof thereof shall lie upon the person acting as auctioneer, and on failure thereof, or in case of any unfair practice, then no such allowance shall be made as aforesaid. Sales for governwithout licence. 14. And be it enacted that it shall and may be lawful for any person appointed by His Excellency the Governor in that behalf, ment may be maile to sell by public sale for or on account of the Government of this Colony any property, movable or immovable, belonging to the said Government, without taking out any licence to exercise the trade or business of an auctioneer, or entering into any recognizance or being bound to comply with any of the regulations of this Ordinance, anything contained in any of the former clauses of this Ordinance to the contrary notwithstanding. See note to § 7. Ord. 6-1844. Form of recogni zance. Preamble. Division of SCHEDULE. ('). (or Cape Town as the case may be). Before me (Collector of Taxes in Cape Town or Civil Commissioner for the Division of -) on the day of 18—, A. B., ofC. D., ofacknowledge themselves to owe to our Sovereign Lady the Queen, that is to say, the said A. B. the sum of £1,000, and the said C. D. and E. F. each the sum of £500, to be made and levied of their goods and chattels respectively. The condition of the above written recognizance is such that if the said A. B. shall by virtue of or in reference to these presents obtain a licence to exercise the trade or business of an auctioneer, he shall render (to the said collector of taxes or Civil Commissioner as the case may be) an exact and true account in writing of the total amount of the money bid at each sale, and of the several lots which have been there sold, and the price thereof respectively, and for that purpose shall produce to the said collector of taxes or Civil Commissioner (as the case may be) all books kept by him relative to his trade or business on the first day of every month (if to the collector of taxes in Cape Town, but if in a country division, then say, the first day of every quarter, to be computed from the first day of July, 1844,") and shall within three months from the date of every such sale make payment of all sums of money imposed upon him by way of duty by this Ordinance; and shall (whenever thereto required by the said collector of taxes or Civil Commissioner as the case may be) truly and justly declare under his hand whether or not he has in any specified period held any sale as such auctioneer as aforesaid; and if he shall so do as aforesaid, then this recognizance to be void, but otherwise to be of full force and effect. No. 7.] on [February 28, 1844, Ordinance for the Discipline and Safe Custody of Convicts employed upon the Public Roads. [Repealed by Act 23, 1888.] No. 8.] [June 27, 1844. Ordinance for applying a Sum not exceeding £172,179 10s. 3d. for the service of the year 1845. [Spent.] No. 9.-Sd. P. Maitland.] [July 4, 1844. Ordinance for facilitating the Recovery of Land-rents in this Colony. (*) WHEREAS it is expedient to facilitate the recovery of land-rents belonging to the Colonial Government, due and in arrear, and for that purpose to remove certain difficulties of a legal nature which now exist and generally to make such provision for the recovery Amended by § 4, Act 3 of 1876. See Ord. 7, 1846, and Acts 3, 1879, and 18, 1870. |