AUCTIONEER'S LICENSE

Hokitika Guardian, 8 February 1927, Page 1

AUCTIONEER'S LICENSE

CAN IT BE TRANSFERRED? (Grey “Star.”) AA’hat was described as “a knotty point,” was placed before Air AV. Aleldrum, S.M., yesterday by Senior-Sergt. P. J. AlcCartliy, when James Daniel Lynch was charged that at Greynioutli on November 26, 1926,' ho did sell by auction, without being tbe holder of an auctioneer’s license, as required by the Auctioneers’ Act. On behalf of defendant. Air J. AAN Hannan pleaded not guilty.

Outlining tho circumstances, the Senior-Sergeant said that Mr Jeffries, of Hokitika, held an auctioneer’s license from tho Westland County Council. Defendant had held auctions at Greymouth. For the purpose of doing so, ho had, before tho auction took place, written to Jeffries and asked him to make a transfer of his (Jeffries’) license, for the particular day required by Lynch, enclosing the transfer feo of 10s. Jeffries then made application to the Westland County Clerk, paid tho 10s, and sent the license, with a receipt for tho 10s to Lynch. Defendant believed that his action was qnito in order, but his attention was drawn to tho fact that there was no provision in tho Act for it. If the transfer was a transfer under the Act, then tho license became Lynch’s, and could not ho transferred back to Jeffries without tho sanction of tho Greymouth Borough Council. Tho section in the old Act which allowed such a procedure as that adopted by defendant was repealed by the amended Act of 1010. The police contended that the local body never at any time gave authority to transfer the license. It was done by the Clerk. Under Section 2 of the amended Act, all that was necessary was the endorsement of tho Clerk, hut in that case it would ho necessary for Lynch to he acting on behalf of Jeffries,, hut neither Lynch nor Jeffries claimed that was so. Jt was admitted that Lynch was acting on his own behalf in holding the auctions. A good deal of troulilo and correspondence had been gone to in the matter, and the local body at Greymouth was much interested. He contended that Section 15 of the Act did not apply to a temporary transfer, but only to a complete transfer. Owing to a clerical error, said the Senior-Sergeant, Mr Jeffries was not. present in Court, and, as the problem was knotty, he suggested that tho evidence of Mr Jeffries and that of the Westland County Clerk (Mr D. J. Evans) he taken at the next sitting of the Court at Hokitika. Sergeant J. Smythe gave evidence as to'the holding of an auction on November 26 bv defendant, who said he believed he was quite within his rights. Two properties were submitted to auction, hut one did not draw a bid. and the other, for which £3OO was offered, was passed in. A receipt from tho Westland County Clerk showed that 10s had. been paid for the transfer of the license from Jeffries to Lvnch.

Mr Hannan contended that all the conditions under Section 15 had been complied with. The section provided that a licensed auctioneer could transfer his license under certain conditions. He must give notice to the local body, and pay a fee of 10s. That had been done. The S.M.: Ho you say that the license became the property of the transferee? —That is so, sir. And that he is the holder of the license?—Unless it has been transferred back to Jeffries, and I am not aware that it has been. From November until the end of last year, when the license expired, it was the property of Lynch. The matter does not affect the Grymouth Borough Council to a great extent, as stated by the Senior-Sergeant, hut it might affect the Westland County Council to the extent of another ]os. The Senior-Sergeant contended that tho only way in which Lynch could transfer the license back to Jeffries was by consent of the Greymouth Borough Council. The S.M. queried whether the Westland County Clerk could give consent to the transfer. Should not such consent be given by resolution passed at a meeting of tho Councils

Air Hannan maintained that there was nothing to stop a local authority delegating its power to its Clerk. The onus was upon Lynch to prove that he was licensed under the Act, said the Senior-Sergeant. Air Hannan argued that under the amendment of 1910, Section 15 of the Act provided that a licensed auctioneer may transfer his license to any other person, subject to tho consent of tho local authority.

In riiply, the Senior-Sergeant maintained that it applied only to a permannet transfer, and not to a transfer made for a day or an hour. Tho S.M. said ho believed the Senior-Sergeant’s contention was correct.

Mr Hannan remarked that there was no doubt that tho parties had been under a misapprehension in believing that they could transfer the license for a, day. Howevere, once the license was transferred, it remained the property of Lynch. After perusing the section, the S.M. said ho read it as providing that the consent of the local authority must, he given at a sitting of that authority, bv resolution.

Mr Hannan said that tho practice had been for tho Clerk to give consent, on behalf of the local authority. Tho S.M. remarked that ho thought it would ho as well to hear, the evidence of Jeffries as to what it was intended should ho done with tho license ,and whether it was intended to be used only for a day. The question of tho transfer was ono for full consideration, so that it could he definitely settled. It was not a matter for a heavy penalty, as there was apparentlv a misunderstanding. Tho Senior-Sergeant said that ho did not press for a heavy penalty ; all he wanted was tlio point cleared up. Tho S.M. added that Lo would also like to know from tho Westland County Clerk whether the consent ot the Council was given to the transfer. Ho adjourned tho hearing until February 17, at Hokitika.