SALES IJY IIORSEDFALERS, AUCTIONEERS, ETC. 



25 



bo on tlio premises of the owner, or at a public 

 auction room, for on the premises of the owner, an 

 actual possession is given to the auctioneer and 

 his servants Ly the owner, not merely an authority 

 to sell. I have said a possession coupled with an 

 interest ; but an auctioneer has also a special pro- 

 perty in him with a lien for the charges of the 

 sale, the commission with the auction duty which 

 he is bound to pay/' 



The auctioneer at a rciiository may be, from the Auctioneer 



, J 1 J** some- 



terms of the sale, a stake-holder between the owner times 



of the horse sold and the pui'chaser, as, for in- j'.^^ucrfor 

 stance, where a horse is sold at a repositor}", on ^^^^^^ ^'^'^ 

 the condition, that if it does not answer the war- 

 ranty or guarantee given with the animal, it may 

 be retm-ned within a certain time. Until that 

 tune has elapsed, the money paid by the buyer 

 does not vest in the seller, but shoidd be held and 

 retained by the auctioneer (s) . ^Vhere an auc- 

 tioneer is employed to sell horses for ready money, 

 he is the agent of the seller to receive the money (f), 

 imlcss the conditions of sale point out that the 

 money should be paid otherwise. 



A statement by an auctioneer, that the horse Framlu- 



, ■■ , , ,1 1 lent state- 



put up for sale belongs to the person whose pro- ments by 



perty he is advertised as selling, when in fact the j'lJ'ay vftiate 



a sole. 



(«) HardingMm v. Alien, o C. B. 793. 



[i) CapclY. Thornton, 3 C. & P. 352; Sykes v. Gihs, o M. .v "W. 

 645. 



