THE GLOBE. WEDNESDAY, SEPTEMBER 15, 1880. AUCTIONEERS AND THEIR CLIENTS.

Globe, Volume XXII, Issue 2047, 15 September 1880, Page 2

THE GLOBE. WEDNESDAY, SEPTEMBER 15, 1880. AUCTIONEERS AND THEIR CLIENTS.

A judgment of a somewhat important character was delivered in Wellington a few days ago by the local District Judge, the bearings and particulars of which are of more than usual interest to all branches of the community, but to the mercantile classes especially. Of course one man’s decision, let him even be a judge, does not constitute what the law may absolutely be in the case, and the ruling to which we refer was not recorded until the Judge had reserved his decision for some days. It appears that during the land furore of two years ago, which mania seems to have extended to every part of the two islands, the plaintiff in the case bad purchased a piece of land at auction on what is called, terms. The terms as stated at the sale were one-half to be paid forthwith in cash, and the balance at the expiration of six months by means of a bill. As is usual, the conditions of the sale had been read by the auctioneer, and one of the clauses of that document was in effect that the vendor, the owner of the property, contracted to give a full and proper title to the purchasers within fourteen days after the payment of the second instalment of the purchase money. The name of the vendor was not mentioned in the conditions of sale. The plaintiff, upon one section of land being knocked down to him by the auctioneer, in due course handed over the amount of purchase monoy in full, and awaited for a transfer of the title. This title for some reason or other

never came, the owner o£ the land having not the means of giving it. After repeated applications to the auctioneer for a refund of his purchase money, the plaintiff at last took legal proceedings. The ruling of the judge, it must be conceded, whether it bo based upon sound law or not, is certainly, to our minds, based upon common sense. He held, notwithstanding the contension of counsel for the other side, that the law was clear that an auctioneer occupied the position of a stakeholder: that in such sales the auctioneer was

liable to the purchasers for the completion of the sale, and was responsible for the purchase-money if the owner of the property refused or failed to give the purchaser a title. And the ruling went further, he added that the auctioneer had no right whatever to hand over a single shilling to the vendor until such time as the purchaser obtained his title. No appeal was lodged against the judgment, so we presume that the auctioneer’s law advisers admitted the deductions upon which the decision was based. "VVo believe that not only in Wellington but in many other places—in Otago especially—innumerable cases have been discovered of uncompleted contracts effected in auction rooms or elsewhere during the land mania of 1878. In Dunedin, not many weeks ago, a largo number of people were made to suffer heavily from the inability of the owner of a “ cut-up ” estate to furnish them with titles at the maturity of their payments for sections purchased at auction. The original title to the township itself was successfully contested by third parties, the unfortunate purchasers, most of them poor men who had scraped all their savings together to acquire a little freehold property, never receiving back one farthing of their purchase money. The fiasco, not to use a harsher term, was on a gigantic scale, and we did not hear that any one troubled the auctioneer, as in this Wellington case,

while all the time the vendor was not worth legal pewder and shot. There can he no doubt but that great prudence and care should be used by lay people when dealing at hap hazard with land at auction sales. It is true that the knowledge of a little law is a dangerous thing. In matters of title deeds and of the investigations which those who transact business based upon their sound validity must necessarily make, the man who is his own lawyer has oftimos a fool for a client.

SQUARE PEGS IN ROUND HOLES. Wk do not see any reason why the motion of which Councillor Vincent gave notice at the last meeting of the City Council in reference to the City Solicitorship should not be well received by that body. We have not a word to say against that eminent firm, Messrs. Garrick and Cowlishaw, whether professionally or otherwise. But we still hold the old fashioned opinion that it is very difficult to make bricks without straw. Now, Messrs Garrick and Cowlishaw are certainly trying too much. When the Council selected those gentlemen to throw legal light upon thoir proceedings, many people wondered both at the offer being made and at its being accepted. The present city solicitors were at tho time retained by a variety of public bodies, some of which, l n tl»« luo ..m or things, would surely come into legal contact with tho civic representatives [of tho citizens. Hero we have in our midst a Drainage Board, a Board of Health, a Tramway Company, and another municipality-—-Sydenham, for the matter of that, close at our doors. We believe that it is a fact that the solicitors of the City Council are also solicitors for some of the bodies wo have mentioned. Not many days ago, a clear proof was at last publicly given of the almost insurmountable difficulties existing in the path of any legal firm endeavoring to “ mako both ends meet ” when retained by two antagonistic clients. Of course, few gentlemen of the black robe will agree with us in this; it is scarcely expected that they should, considering that one of the many qualifications which many are proud tojpossess is, “to speak on both sides and drop in the middle.” Surely tho legal profession is fully represented in Christchurch, both in quantity and quality. Its ranks have considerably swelled of late years, and, to all appearances, they are moat likely to still more increase. Since the misunderstanding between the Tramway Company and the City Council has arisen, much unfavorable comment Las been made on the subject of the dual position of the City Solicitors in the matter. This is not as it should be, and we trust that the Council will see fit to reorganise that branch of their staff.