376 



6. Upon failure of complying with the abore, the money 

 deposited in part of payment shall be forfeited ; the property- 

 may be re-sold by public or private sale ; and the deficiency 

 (if any) on such re-sale, together with all expences attending 

 the same, shall be made good by the defaulter. 



7. If any person purchase a lot, and not pay for it agree- 

 ably to the fourth and fifth conditions, nothing contained in 

 the sixth shall prevent the auctioneer, or owner of the pro- 

 perty, from compelling him to do so. 



8. No horse, or other property, sold warranted in any re- 

 spect, will be taken back, if not answering the warranty, 

 unless returned before six o'clock in the evening of the second 

 day from the day of sale ; if houses, buildings, land, leases, 

 or fixtures, seven days ; as at the expiration of that time the 

 auctioneer is bound to pay over the proceeds to the original 

 owner ; and all horses or other property, sold without war- 

 ranty, must be kept with all faults. 



9. The auctioneer will not be answerable for any deficiency 

 that may from any cause arise on uncleared property, unless 

 he receives it of the defaulter. 



10. The owner shall be entitled to receive the purchase- 

 money on the third day from the sale, provided the auc- 

 tioneer shall have received the same, or delivered the property 

 out of his custody ; and provided also, that such property has 

 not been returned to him under the eighth condition. 



1 1 . The auction duty and all other expenses to be paid by 

 the seller. 



Lastly, all horses, carriages, &c., brought to this repository 

 for sale, and sold either by Mr. Robinson or the owner of 

 the property, shall pay the usual commission ; and no person 

 shall take away his horses, carriages, &c., until the keep, 

 commission, and other expenses are paid, whether sold by 

 public auction, or private contract, or not sold. 



