R v Sedgwick
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1835 |
| Date | 01 January 1835 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 257
EXCHEQUER OF PLEAS.
S. C. 1 Tyr. & G. 94; 1 Gale, 283; 5 L. J. Ex. 65.
2C. M. & K. 603. REX V. SEDGWtCK 257 [603] rex w. sedgwicjk. Revenue. lcS35.-A freehold estate was sold by auction, subject to a mortgage, the mortgagee not concurring in the sale, and refusing then to receive his mortgage money. By the conditions of sale, an apportionment was to be made of the mortgage on the several lots, and the purchaser of each was to have an indemnity against the amount apportioned to the other lots. A purchaser bid the sum of 15,5001. for one of the lots, which was to be charged with I0,'2001. of the mortgage money ; and paid a deposit of ten per cent on that sum, and signed an acknowledgment that he had bought the lot for 10,5001., subject to the conditions of sale :-Held, that auction duty was payable, in respect of this lot, only on the balance of 53001., that being the only amount of purchase-money actually payable to the vendor for what was bought at the sale. [S. C. I Tyr. fe G-. 94; 1 Gale, 283; 5 L. -I. Ex. 65.] This was a writ of scire facias on a bond for 10001. given to his Majesty by the defendant, an auctioneer. The defendant craved oyer of the writ of sci. fa., of the return thereon, and also of the condition of the bond; by which, after reciting that by an act of Parliament passed in the 19 (!eo. 3, (c. 56), every person using or exercising the trade or business of an auctioneer is obliged to take out a licence for that purpose, and to give security by bond to his Majesty with two or more sufficient sureties, that he will, within twenty-eight days after every sale by auction, deliver, at tho chief office of Excise in London, to the person who shall be appointed by the Commissioners of Excise to receive the same, an exact and particular account in writing of the total amount of the money bid at each sale, and of the several articles, lots, or parcels which shall (have been there sold, and the price of each and every such article, lot, or paroel, and at the same time make payment of all such sum and sums of money as shall be due and payable to bis Majesty in pursuance of that act; and that the said defendant had been duly licensed as an auctioneer; and that also, by an act of Parliament passed in the 43 Geo. 3 (c. 130), every such auctioneer was required at the time of receiving his licence to give security by bond in the sum of 10001. for delivering accounts of sales and making payments of duty : it was conditioned, that if the said defendant should so deliver such account and make such payment to his Majesty, according to the true intent arid meaning of the several acts of Parliament in that case made and provided, then the obligation to be void, otherwise to remain in full force. And the defen-[604]-dant then pleaded performance of the condition except as to 1541. 1 Is. 8d., and a tender and refusal of that sum. The first replication averred, that the defendant sold an estate in freehold lauds by auction ; that 15,5001. were bid for the same ; and that the defendant did not deliver a true and particular account iti writing of such sale and bidding, according to the meaning of the several acts of Parliament in that case made and provided. The second replication averred, that the defendant sold an estate in freehold lands, and that the sum of 4521. Us. 8d. became due to his Majesty for duties upon such sale, and that the defendant did not pay that sum, but made default, contrary to the said acts of Parliament and to the condition of the said bond. The defendant rejoined to the first replication, that he did deliver an account according to the meaning of the said acts of Parliament; and to the second replication, that no more of the sum of 4521. Us. 8d. therein mentioned than the sum of 1541. 11s, 8d. became due to his Majesty for duty on the sale therein mentioned. The cause was tried before Lord Abinger, C. B., at the sittings after Trinity Term, wh$n a verdict was found by consent for the Crown, subject to the following case. On the 31st of May, 1833, the defendant put up to sale by auction, in the Auction Mart in London, an estate in freehold and copyhold lands, in the parish of Watford, in the county of Herts, in three lots. The whole estate was charged with a mortgage of...
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