A U C 
after every fuch fale at the chief office of excife in Lon¬ 
don, and at the fame time deliver a true copy of the no¬ 
tice and of the catalogue delivered by him before to the 
colledtor. And if he (hall neglect to deliver fuch copy of 
the laid notice, or of the laid catalogue, he (hall forfeit 20I. 
For the preventing of frauds, every auctioneer, who 
fliall fell any eltate or goods that have been feized by the 
flieriff for the benefit of creditors in execution of a judg¬ 
ment, fliall fpecify and enumerate in the catalogue, as well 
the particular eflate and effects to be fold, as the exact fum 
to be levied under fuch execution ; and the fheriff fliall fub- 
fcribe and fign fuch catalogue, and certify at the foot there¬ 
of that all the (aid eflates and effeCts were really and truly 
the property of the perfon again!! whom fuch judgment 
was had, and that the fame were actually feized in execu¬ 
tion of the fame judgment. And every auctioneer, em¬ 
ployed by the affignees under a commillion of bankruptcy, 
to fell the elfeCts of any bankrupt, fliall likewife fpecify 
and enumerate in the catalogue the particular goods and 
effects then to be fold ; and the affignees, or afiignee if 
only one, fliall fubfcribe and fign fuch catalogue, and cer¬ 
tify at the foot thereof, that all the eflates and effeCts were 
really and truly the property of the faid bankrupt at the 
time of fuing out the commiffion. Which refpective ca¬ 
talogue, fo figned and certified, fliall be produced by the 
auctioneer to the perfon to whom he is to deliver his ac¬ 
count, before he (hall be permitted to pafs his account, or 
to have the fame allowed. And if fuch fheriff or affignee 
fliall infert, or fuffer to be inferted, in fuch catalogue, any 
eflate or effects, other than fuch as were really and truly 
the property of the debtor or bankrupt, or fliall not cer¬ 
tify on the catalogue the true fum to be levied, he fliall 
forfeit 20I. 
And every auctioneer employed to fell any goods dama¬ 
ged by fire, for the benefit of the infurers, (hall fpecify 
and enumerate in the catalogue, the particular goods then 
to be fold ; and the infurers, or the infurer if one, fliall 
iubfcribe and fign fuch catalogue, and certify at the foot 
thereof, that all the goods in luch catalogue were really 
and truly fold for the benefit of the infurers: which cata¬ 
logue, fo figned and certified, fliall be produced by the 
auctioneer to the perfon to whom he is to deliver his ac¬ 
count, before he fliall be permitted to pafs his account, or 
to have the fame allowed. And, if fuch infurer fliall in¬ 
fert, or fuffer to be inferted, in the catalogue, any goods 
other than fuch as were really and truly to be fold for the 
benefit of him or them as aforefaid, or fliall not certify on 
the catalogue the true particular of the goods to be fold, lie 
fhall forfeit 20I. 
if the fale fliall be rendered void, by reafonthatthe per¬ 
fon for whofe benefit the eflate or goods were fold had no 
title or right to difpofe thereof, the auctioneer who paid 
the duty may complain to the commiflioners of excife or 
juftices of the peace within whofe jurifdiCtion refpeCtively 
the fale was made, who may hear and determine all fuch 
complaints, and relieve the party complaining of fo much 
as (hall appear to have been overpaid. But, by flatute 
28 Geo. III. c.37, all fuch complaints fliall be laid with¬ 
in twelve calendar months after fuch fale, if the fame be 
rendered void as aforefaid within that time; but, if other- 
wife, then within three calendar months after the difcove- 
ry of fuch defeCt of title, and not otherwife. 
In the cafe of Payne againft Cave, E. 29 Geo. III. it was 
determined, That a bidder at an auCtion under the ufual 
conditions, that the higheft bidder fliall be the purchafer, 
may retraCt his bidding any time before the hammer is 
down. For the auctioneer is the agent only of the vender, 
and the affent of both parties is necelfary to make the con¬ 
tract binding. Every bidding is nothing more than an of¬ 
fer on one fide, which is not binding until aff’ented to by 
the feller, which is fignified on his part by knocking down 
the hammer. Cafe by Durnf. and Eafl. 3 V. 148. And 
finally, all fines, penalties, and forfeitures, fliall be filed 
for, recovered, or mitigated, as by the laws of excife, or 
fued for in the courts at Weftminfter; and be diflributed 
Vol. II. No. 88. 
A U D 549 
(all neceffiiry charges firfl deducted), half to the king, and 
half to him that (hall fue. 19 Geo. III. c. 56, § 18. 
AUC'TIVE, adj. [from auftus, Lat.] Of an increafing 
quality. 
AUCU'BA,y in botany, a genus of the clafs monoe- 
cia, order tetrandria. The generic characters are—I. Male 
flowers. Calyx: perianthium one-leafed, truncate, ob- 
fcurely four-toothed, villofe, very fliort, permanent. Co¬ 
rolla: four-petalled ; petals ovate, acute, (pleading ; un¬ 
derneath concave, hairy ; above convex, decidus. Sta¬ 
mina: filaments four, inferted into the receptacle among 
the petals, thick, ereCt, very fliort; antherae ovate, twin, 
with four furrows. Receptaculum: plano-convex, fmooth, 
with a fquare hole imprelfed upon the middle. II. Fe¬ 
male flowers on the fame tree. Calyx and corolla : as in 
the male. Piftillum: germ inferior; ftyle thick, fliort; 
ftigma fimple, capitate. Pericarpium: nut ovate, one- 
celled.— EJfential CharaBer. Male. Calyx four-toothed ; 
corolla four-petalled ; berry one-feeded. Female. Nec¬ 
tary none; nut one-celled. 
Only one fpecies, known by the name of acuba Japo- 
nica. It is a large tree ; branches and fubdivilions dicho¬ 
tomous, fmooth, rather fleffiy, divaricate, ereCt, angular, 
fcarred from the falling of the leaves. Leaves aggregate 
at the tops of the branches, petiolate, oppolite, oblong 
Iharp, remotely ferrate, fmooth, pale underneath, a hand’s 
breadth long, nerved. Flowers terminal, panicled; pa¬ 
nicle trichotomous, fuper-decompound. Peduncles and 
pedicels villofe. BraCtes lanceolate. It varies with brown- 
green, unfpotted, leaves; and bright-green leaves variega¬ 
ted with white. It is allied to the J'erpicula , but diltin- 
guilhed from it by the recptacle of the male being fmooth, 
not torulofe, but perforated in the middle. Native of Ja- 
yfan; being introduced in 1783 by Mr. JohnGroefer. 
AUCUPA'TION,y. \_aucupalio, Lat.] Fowling; bird- 
catching. 
AUDA'CIA,y. [from audax , Lat. bold.] That fort of 
boldnefs which is obferved in delirium or madnefs. 
AUDA'CIQUS, adj. [audacieux, Fr. audax, Lat.] Bold; 
impudent; daring: always in a badfenfe.— -Young Undents, 
by a conffant habit of difputing, grow impudent and auda¬ 
cious, proud and difdainful. Watts. 
Till Jove, no longer patient, took his time 
T’ avenge with thunder their audacious crime. Dry den. 
AUDA'CIOUSLY, adv. Boldly; impudently: 
An angel (halt thou fee, 
Yet fear not thou, but fpeak audacioujly. Shakefpeare. 
AUDA'CIOUSNESS,y Impudence. 
AUD A'CITY,y [from audax, Lat.] Spirit; boldnefs; 
confidence.—Great eflefls come of induflry and perfeve- 
rance; for audacity doth almoff bind and mate the weaker 
fort of minds. Bacon. 
Lean, raw-bon’d, rafcals ! Who would e’er fuppofe 
They had fuch courage and audacity? Shakefpeare , 
AU'DE, a river of France, which rifes in the Pyrenees, 
pafles by Qmlan, Alet, Limoux, Carcaflonne, &c. and 
empties itfelf into the Mediterranean, about ten miles eaft 
of Narbonne. It gives name to a department through 
which it flows. 
AU'DE AN ISM, f. The fame with anthropomorphifm. 
AUDE'US, the chief of the audeans, obtained the name 
of an heretic, and the puniffiment of banilhment, for ce¬ 
lebrating Eafter in the manner of the jews, and attributing 
an human form to the Deity. He died in the country of 
the Goths, in the year 370. See Anthropomorphites. 
AU'DIBLE, adj. [ audibilis , Lat.] That which may be 
perceived by hearing.—Vifibles work upon a looking-glafs, 
and audibles upon the places of echo, which refemble in 
fome fort the cavern of the ear. Bacon .—Loud enough to 
be heard.—One leaning over a well twenty-five fathom 
deep, and fpeaking foftly, the water returned an audible 
echo. Bacon. 
AU'DIBLENESS,y Capableuefs of being heard. 
7 A AU'DIBLY 3 
