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Waikato Times, Volume XXXVII, Issue 2971, 30 July 1891, Page 2

For some time past a strong fooling has existed among the general public, particularly country settlers, that some legislation should be enacted which would afford at least some measure of protection to those who consigned goods and farm produce to the auction sales. We referred to the subject some few weeks ago, and the remarks then made met with geueial approval. The pressure of public opinion lias apparently reached the sacred precincts of the Houso, for by a late mail we have received among a batch of Bills from the Government printer one entitled " The Auctioneers Act 1891." This measuro, which emanates from tho Hon. Mr Seddon, evidently aims at romodying some of tho evils now complained of, but although tho Bill may affoct some improvements, particularly in its fixing a limit to the time allowed for the rendering of account sales, we fear that which our settlers really needed — namely, complete protection from any risk of loss of the moneys derived from the sale of their produce — w iU nover be obtained under it, Section 17 being the onlv ouc bearing upon the point, and then only in a. half-hearted manner. "Wo give in full: " Every auctioneer shall, as far as practicable, keop all moneys arising from sales by auction apart from othor moneys of his business, and such tirst-inoutioued moneys shall net bo capable of being attached or taken in execution under tho procoss of any court for any dobt or liability of such auctioneer." This is right enough as far as it goes, but considering that the auctioneers have already iutiuiated that keeping such moneys apart is not practicablo, the only security given by the section is, that the proceeds of sales will be free from attachment on account of other claims. The following is a short synopsis of the Act:—After the preamblo, interpretation, &c, Section 3 provides " That no one shall sell by auction without a license, under a penalty from £10 to £100." Sections 4 to 0 providos for the granting of licenses to any porsons applying in the proper form to tho local authority. Such liconso will bo granted unless a majority of two - thirds of the number of such local body are against it. Thu fee is tixed at £ 10 per annum, but Section 7 deals with sparsely-populated districts, or districts not within any county. Tho fee in such special cases may be reduced to £10. Section 11 pro-

vides for appointing ii -suhstituf.o in cusi! of illness or absence! of licensed auctioneer upon payment of the registration fee of ten shillings. Sei-tion 14 states that a wholesale license may be granted to any licensed auctioneer, but no holder of ii publican's license, shall become a licensed auctioneer. .Section 10 we i,'Lve in full : " Every auctioneer shall, within one month after receiving a demand in writing from the vendor of any property sold by auction by him so to do, render an account of the procmls of the sale of such property, and on failure to do so shall be deeuiud to have committed an ofl'enc: against the Act, and shall be liable for each such offence to a penalty not exceeding ten pounds." Section 18, clause 2, enacts " That any auctioneer who, with intent to defraud, renders an account of tho proceeds of any property sold by auction by him, knowing "the same to be false in any particular, shall be deemed guilty of a misdemeanour, and on conviction thereof shall be liable to imprisonment for any time not exceeding two years." The remaining sections provide penalties for other infringements of the Act, and winds up by repealing existing ordinances. Although clauses 16 and 17 make provision for demanding account sales and for keeping moneys, the proceeds of sales by auction, separate, the Act does not, as was hoped, make these moneys " trust moneys," nor does it give any protection in case of bankruptcy by making these claims preferential. If action be taken, these imperfections in the Bill may he remedied before it becomes law, and we commend the subject to the attention of the Waikato Fanners' Club.