HORSEDEALER. 39 



Horses of others, is a Horsedealer within the Assessed Tax 

 Acts. 



The Judges at Serjeants' Inn held the proprietor of ThoPro- 

 Aldridge's Kepository to be a Horsedealer. When the pi'ietor of 

 case came before the Court of Exchequer, Mr. Baron ^<l^'i<^^ge ^■ 

 Parke, with whom Mr. Baron Alderson agreed, said, " I 

 am by no means prepared to say that the decision of the 

 Judges, as to the construction of the word ' Horsedealer ' 

 in these statutes, was wrong ; if I were forced to give an 

 oj)iuion, it might be in accordance with theirs" (b). 



The duty which was formerly payable by a Horsedealer No duty pay- 

 has been repealed by the 37 Vict. c. IG, s. 11, which '^^e by 

 provides that duties on licences for exercising or carrying '^^^^ ^^ ^^' 

 on the trade of Horsedealers shall cease to be payable. 



Though all debtors are now liable to become bank- A Horso- 

 rupts (c), yet the distinction between traders and non- 'dealer when a 

 traders retains its importance, inasmuch as the test of the Bank- 

 bankruptcy varies in the case of traders and non-traders ruptcy Act. 

 (as defined before the Act of 1861), and many acts, which 

 in the case of a trader would be acts of bankruptcy, would 

 not justify an adjudication in the case of a non-trader. 

 It must therefore be borne in mind that a person who 

 seeks his living by buying and selling Horses (d), or who 

 buys Horses for the express purpose of gaining by it (e) as 

 part of his business (/), which is a question for the Jury {[/), 

 is a trader. 



REPOSITORIES AND AUCTIOXS. 



An Auctioneer is solely the agent of the seller of the An Anc- 

 goods, until the sale is effected, and then he becomes also t^oneer. 

 the agent of the buyer for particular purposes {h). For 

 when he signs the printed particulars of sale, he signs 

 them as the agent of the purchaser {i). But as soon as 

 the auction is over, the Auctioneer loses his distinctive 

 attributes; and to sales afterwards effected by him, the 

 rules of ordinary sales alone are applicable (/.•) . 



(3) Allen v. Sharp, 2 Ex. 352, 66. 



366. (/-/) Wright v. Bird, 1 Price, 20. 



(c) Bankruptcy Act, 1861, 24 & [h) Story on Sales, 61 ; Williams 

 25 Vict. c. 134, s. 69. And see v. Millington, 1 H. Bla. 81 ; Em- 

 32 & 33 Vict. c. 71, s. 6. merson v. Jlcelis, 2 Taunt. 38 ; Ben- 



[d] Martin v. Nightingale, 3 jamin on Sales, 2nd ed. 202. 

 Bing. 421. (() See per Eolfe, B., Eden v. 



((■) Bartholomew v. Sherwood, 1 Blake, 13 M. & W. 619. 

 T. R. 573. (/>•) Mews v. Carr, 26 L. J., Ex. 



(/) Belly. Young, 24 L. J., C. P. 39 ; Marsh v. Jclf, 3 E. & E. 234, 



