THE FARMER'S MAGAZINE. 



335 



SHORTHORN SALES ''WITHOUT RESERVE." 



TO THE EDITOR OF THE MARK LANE EXPRESS. 



Sir, — It is high time that public opinion should be 

 brought to bear upon the i)ractice you so properly 

 denounce in your paper of this week, of advertising for 

 sale by public auction without reserve an entire 

 HERD of Shorthorn cattle, and buying in the best and 

 most attractive animals. 



So common has it become for men occupying the 

 position of gentlemen thus to trade upon the public 

 faith in their integrity, that many of the older and more 

 experienced breeders habitually distrust all statements 

 made at these sales-, and I know several besides my- 

 self, who h&ve firmly resolved never to attend another. 



The proprietor of a Shorthorn herd finds himself 

 incumbered with a large proportion of inferior or 

 otherwise unprofitable cattle. With a view to rid him- 

 self of these, he offers for sale without reserve his 

 ENTIRE herd, Comprising, perhaps, animals of well- 

 known merit or fashionable breeding, whose excellences 

 he previously contrives to have duly lauded in pro- 

 per quarters. The terms of the advertisement being 

 clearly intended to lead the public to suppose that 

 there will be a bona fide sale of every animal in 

 the herd, and in fact amounting to an express promise 

 and engagemeyit to that effect, a host of bidders is 

 attracted together. Amongst these is the usual j)ro- 

 portion of foreigners, and young or inexperienced 

 breeders, whose competition has the desired effect of 

 clearing off the inferior lots at very satisfactory prices ! 

 The really valuable animals, on the other hand, though 

 ostensibly sold, are in fact bought in, and reappear 

 some few weeks or months afterwards, as the pro- 

 perty of the original proprietor, who, we are given to 

 understand, has repurchased them ! The deluded vic- 

 tims of this mendacious auction have then the miserable 

 satisfaction of knowing that they have incurred the ex- 

 pense and inconvenience of a long journey to purchase 

 animals which the proprietor had really no intention 

 of selling; and I may add, that it seems to be the gene- 

 ral rule to grin and bear it ! 



The remedy, however, for this disgraceful state of 

 things, is really in their own hands. The term " with- 

 out reserve" is understood by the law to exclude all 

 interference by the seller, or those employed on his 

 behalf, with the right of the public to have the animal 

 at the highest bidding. Any arrangement, therefore, 

 between the seller and a third party, the result of which 

 is to prevent a bond fide sale of the animal, will render 

 the sale null and void. Hence, wheie it can be proved 

 that the animal has been bought in, the last bond fide 

 bidder can either recover by an action at law all the 

 expenses incident to his attendance at the sale, or, if he 

 chooses, enforce in a court of equity his claim to the 

 animal. Or, where any person has been employed to 

 run up the price of the animal, or prevent it being sold 

 under a fixed sum, the purchaser is clearly not bound 



by a contract which he has been led into by the seller's 

 want of faith, and no court of law or equity would en- 

 force it. 



If a man is desirous of selling his herd by auction 

 without running the risk of certain animals going below 

 their value, surely his proper course is openly to state 

 that a reasonable reserved bid will be put upon these 

 particular lots. This was done at one of the sales at 

 Farnley (4th March, 185G), when it was announced that 

 a few of the animals would be offered subject to a 

 moderate reserve (from 40 to 80 guineas each), and the 

 announcement did not interfere with the success of the 

 sale. Or, if it be desired to retain a few favourites, 

 why not state that the entire herd will be sold, with the 

 exception of such and such animals, which may be seen 

 on the premises, and which are kept to form the nucleus 

 of a fresh herd ? Something like this was the plan 

 adopted by Mr. Bolden, on the 5th of July, when he 

 sold his Waterloo tribe, reserving all the other families 

 of his valuable herd. The prices realized at this sale 

 were something remarkable. " When once a shorthorn 

 breeder, always a shorthorn breeder," seems to be so 

 general a sentiment that the suggestions I have ventured 

 to make would, I am pursuaded, have the approval and 

 sympathy of the public, who would bid with none the 

 less spirit from feeling that all was fair and above-board. 



In conclusion, I beg to observe that these remarks 

 have been called forth simply by the notorious preva- 

 lency of the practice deprecated in your paper of this 

 week, and with no reference to any particular sale, 

 much less to any now on the tapis, which indeed I have 

 reason to believe will be far from meriting any animad- 

 versions of this kind. The question is one which 

 nearly concerns the whole Shorthorn community, every 

 member of which is bound to raise his voice against 

 any practice which has the appearance of fraud, not 

 only as contrary to the rule of right and justice, but to 

 the interests of their whole body, by destroying confi- 

 dence, and so deterring bidders at respectable sales, 

 besides lowering our national character in the eyes of 

 foreigners, now liberal purchasers of our Shorthorn 

 cattle. I am, Sir, your obedient servant, 



Stackhouse, Settle. Sept. 12. Wm. Carr. 



[Mr. Dixon has requested the insertion of the followuig 

 explanation on the result of his sale. His statement does 

 not tend to raise the character of such gatherings, but only 

 goes to confirm the unfair combiaation, for or against, now 

 too commonly associated with these occasiona. Mr. Dixon 

 has given us the name of the offender, hitherto considered an 

 authority in the shorthorn world ; but as further proceedings are 

 contemplated, it may for the present be better to withhold this. 

 It must be clearly understood, however, that our columns are 

 open to a full investigation of the case.— Ed. M. L. E.]. 



A malicious report was circulated previous to and during my 

 sale by a pretended friend in this neighbourhood, and which 



