( 38 ) 



CHAPTER II. 



HORSEDEALERS, REPOSITORIES AND AUCTIONS. 



HOESEDEALEE. 



Definition of a Horse-dealer .... 38 



ji Seller on Commission id. 



The Proprietor of Aldridge' s , . 39 

 Ko Duty payable by a Horsedealer id. 

 Horscdealer when a Trader within 

 BankrujJtcy Act id. 



Kepositoeies and Auctions. 



An Auctioneer id. 



Liable to an Action for Negligence 40 



Or for Conversion id. 



Selling Horse comp)riscd in Bill of 

 Sale 41 



Horse sent to a Repository id. 



Auctioneer'' s Possession id. 



An Auctioneer canset up Jus tertii 42 



Interpleader by Auctioneer id. 



Goods privileged from Distress .. id. 



His Right to remain on the Pre- 

 mises 43 



Auctioneer or Clerk Agent of both 

 Parties id. 



Purchaser'' s Name signed to a 

 Catalogue id. 



Printed Particulars of Sale .... 44 



An incorrect Catalogue .... .... id. 



A liiniicd IFarranty id. 



JFhere it applies only to Sound- 

 ness 45 



Trial of a Horse warranted quiet 

 in Harness 46 



Notice of the Conditions of Sale. . id. 



Notice of Particulars 47 



JFhere a Bidder may retract .... id. 



Sale " tviihouf reserve'''' id. 



Effect of Advert'isement 48 



Warranty of Ownership id. 



Auctioneer not disclosing h is Pr'm- 

 cipal 49 



Liabd'dy for Non- Delivery .... id. 



Puffoig id. 



Person employed to bid 50 



Eff'ect of previous Private IFar- 

 ranty 51 



Agreement not to b'ul against each 

 other id. 



Mock Auctions id. 



Purchaser may transfer his Bar- 

 gain id. 



Where Party refuses to take Goods id. 



Goods resold without comnmni- 

 eating luith Purchaser 52 



Auctioneer proper Pccrty to receive 

 the Price id. 



Has no Authority to receive a Bill 

 of Exchange id. 



He is Stakeholder for both Parties id. 



Effect of this Attribute id. 



As to Interest 53 



Auct'ioncer'' s Lien id. 



When the Price vests in the Fendor id. 



Price obtained by Principal's 

 Fraud id. 



Agent not declaring himself to be 



so 54 



. . id. 



Auct'ioncer^ s Commission 



Definition of 

 a Horse- 

 dealer. 



A seller on 

 Commission. 



HORSEDEALER. 



A Horscdealer, strictly, is a person who by liis traffic " dis- 

 tributes" Horses (f/). And by 29 Greo. 3, c. 49, s. 5, he 

 is clearly defined to be a person who " seeks his living by 

 buying and selling Horses" {a). 



It has not however been decided, whether a person who, 

 for Commission, sells by auction or private contract the 



(«) Alloi V. Sltarp, 2 Excli. 357. 



