8.) ? [ 13 OF 1886.] SALE OF LAND BY AUCTION .
No, 13 OF 1886 .
An Ordinance entitled An Ordinance to amend the Law
us to Sales of Land by Public Auction .
[ 7th May, 1886.]
Colony to the law of England relating to the sale of
*
land by public auction ;
Short title. 1. This ordinance may be cited for all purposes as The Sale
(30 & 31 1
c . 48 , § 1. ] of Land by Auction Ordinance, 1886.
Commence- 2. This ordinance shall commence and take effect on a day
ment of
orilinance. to be proclaimed by the Governor.
[ Ibid. $ 2.)
Interpreta- 3. Auctioneer shall mean any person selling by public auc
tional terms
[ Ibid . $ . tion any land, whether in lots or otherwise :
Land shall mean any interest in any messuages, lands,
or tenements of whatever tenure within the Colony.
Rule
respecting
4. The particulars or conditions of sale by auction of any
sales without land shall state whether such land will be sold without reserve ,
reserve . or subject to a reserved price, or whether a right to bid is
[ Ibid. $ + . ] reserved. If it is stated that such land will be sold without
reserve, or to that effect , then it shall not be lawful for the
seller to employ any person to bid at such sale, or for the auc
tioneer to take knowingly any bidding from any such person .
Rule respect 5. Where any sale by auction of land is declared ,, cither in
ing sale
subject to the particulars or conditions of such sale, to be subject to a
right of right for the seller to bid, it shall be lawful for the seller or any
seller to bic
as he may one person on his behalf to bid at such auction in such manner
think proper. as he may think proper.
[ Ibid . so.]
Practice of
opening
6. No opening of the biddings on any sale by auction of
biildings, by land under or by virtue of any order of the Supreme Court of
order of
Court
Hongkong shalí, from and after the commencement of this
except on ordinance, be allowed , and the highest bonâ fide bidder at such
ground of
frand to be
sale, provided lie shall have bid a sum equal to or higher than
discontinued. the reserved price ( if any ), shall be declared and allowed the
Tid. $ 6.] purchaser, unless the Court or Juuge shall, on the ground of
fraud or improper conduct in the management of the sale, upon
the application of any person interested in the land ( such
application to be made to the Court or Judge before the
Registrar's certificate of the result of the sale shall have become
binding ), either open the biddings, holding such lidder bound
by his bidding, or discharge him from being the purchaser, and
order the land to be re- sold upon such terms as to costs or
otherwise as the Court or Judge shall think fit.