Sale of Land by Auction Act 1867
| Jurisdiction | UK Non-devolved |
| Citation | 1867 c. 48 |
| Year | 1867 |
Sale of Land by Auction Act, 1867
(30 & 31 Vict.) C A P. XLVIII.
An Act for amending the Law of Auctions of Estates.
[15th July 1867]
B E it enacted and declared by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
1 Short Title.
1. This Act may be cited for all Purposes as the ‘Sale of Land by Auction Act, 1867.’
2 Commencement of Act.
2. This Act shall commence and take effect on the First Day ofAugust 1867.
3 Interpretation of Terms.
3.‘Auctioneer’ shall mean any Person selling by Public Auction any Land, whether in Lots or otherwise:
‘Land’ shall mean any Interest in any Messuages, Lands, Tenements, or Hereditaments of whatever Tenure:
‘Agent’ shall mean the Solicitor, Steward, or Land Agent of the Seller:
‘Puffer’ shall mean a Person appointed to bid on the Part of the Owner.
4 Where Sales are invalid in Law to be also invalid in Equity.
4. And whereas there is at present a Conflict between Her Majesty's Courts of Law and Equity in respect of the Validity of Sales by Auction of Land where a Puffer has bid, although no Right of bidding on behalf of the Owner was reserved, the Courts of Law holding that all such Sales ire absolutely illegal, and the Courts of Equity under some Circumstances giving effect to them, but even in Courts of Equity the Rule is unsettled: And whereas it is expedient that an End should be put to such conflicting and unsettled Opinions: Be it therefore enacted, That from and after the passing of this Act whenever a Sale by Auction of Land would be invalid at Law by reason of the Employment of a Puffer, the same shall be deemed invalid in Equity as well as at Law.
5 Rule respecting Sale without Reserve, &c.
5. And whereas as Sales of Land by Auction are now conducted many of such Sales are illegal, and could not be enforced against an unwilling Purchaser, and it is expedient for the Safety of both Seller and Purchaser that such Sales should be so conducted as to be binding on both Parties: Be it therefore enacted by the Authority aforesaid is follows: That the Particulars or Conditions of Sale by Auction of any Land shall state whether such Land will be sold without Reserve, or subject to a...
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