and assigns, shall and may from time to time and at all times hereafter peaceably and quietly have, hold, possess and enjoy the said hereby assigned premises and every part thereof to and for his and their own use and benefit, without any manner of hindrance, interruption, molestation, claim or demand whatsoever, of, from or by him, the said party of the first part, or any person or persons whomsoever; And that free and clear and freely and absolutely released and discharged or otherwise at the costs of the said party of the first part, effectually indemnified from and against all former and other bargains, sales, gifts, grants, titles, charges, and incumbrances whatsoever; And, moreover, that he, the said party of the first part, and all persons rightfully claiming or to claim any estate, right, title or interest of, in or to the said hereby assigned premises or any part thereof, shall and will from time to time and at all times hereafter, upon every reasonable request of the said party of the second part, his executors, administrators, or assigns, but at the costs and charges of the said party of the second part, make, do and execute or cause to be made, done and executed all such further acts, deeds, and assurances for the more effectually assigning and assuring the said hereby assigned premises unto the said party of the second part, his executors, administrators and assigns, in manner aforesaid and according to the true intent and meaning of these presents, as by the said party of the second part, his executors, administrators or assigns, or his counsel, shall be reasonably advised and required.

In Witness whereof, the said parties to these presents have hereunto set their hands and seals, the day and year first above written.

Signed, sealed and delivered

in the presence of

Y. Z.

A. B. [L.S.]

[NOTE. -Where goods mentioned in a Bill of Sale, are at once handed over to the purchaser, and an actual and continued change of possession takes place, the Bill of Sale does not require to be filed, nor is it necessary to make any affidavit as to the bona-fides of the transaction. But where the goods are allowed to remain in the hands of the seller, affidavits must be made, and the Bill of Sale filed, just as in the case of a Challel Mortgage :-WHICH SEE POST.]

CHAPTER V.

AUCTIONS AND AUCTIONEERS.

An auctioneer is a person who is authorized to sell goods or merchandise at public auction or sale for a recompense, or (as it is commonly called) a commission. He cannot buy: he can only sell. Primarily, he is deemed the agent of the seller of the goods only; but for certain purposes he is

also deemed to be the agent of both buyer and seller. Thus, by knocking down the goods sold to the person who is the highest bidder, and inserting his name in his book or memorandum, he is considered as the agent of both parties; and the memorandum so made by him will bind both parties, as being a memorandum sufficiently signed by an agent of both parties within the statute of Frauds before referred to. Before the knocking down of the goods, he is, indeed, exclusively the agent of the seller; but after the knocking down, he becomes also the agent of the purchaser, and the latter is presumed to give him authority to write down his name as purchaser. An auctioneer has also a special property in the goods sold by him, and a lien on the same and the proceeds thereof, for his commissions; and he may sue the purchaser at the sale in his own name, as well as in the name of his principal. An auctioneer can sell only for ready money, unless there be some usage of trade to sell on credit, or unless the terms of sale are on credit. Auction sales should be conducted with rigid fairness, and due notice of the sale ought to be given. Every bona fide bid should be accepted. Before proceeding to sell, the conditions of sale ought to be read or announced. Usually these conditions are written or printed; but the verbal declarations of the auctioneer at the sale, where they do not contradict the written conditions, are binding.

Although the entry by the auctioneer in his book is a sufficient memorandum to bind both seller and buyer, yet in every sale of land it is usual to have

agreements of sale and purchase signed by auctioneer and purchaser.

Forms of such agreements, and ordinary conditions of sale, are subjoined.

Memorandum to be signed by an Auctioneer, after a sale of land.

I hereby acknowledge that A. B. has been this day declared by me the highest bidder, and purchaser of [describe the land] at the sum of $

at the sum of $

, [or

per acre or foot,] and that he

has paid into my hands the sum of $ as a deposit, and in part payment of the purchase money; and I hereby agree that the vendor, C. D., shall in all respects fulfil the conditions of sale hereto annexed.

Witness my hand, the

day of

18

J. S., Auctioneer.

Memorandum to be signed by Purchaser.

per

I hereby acknowledge that I have this day purchased at public auction all that [describe the land] for the sum of $ [or for the price of $ acre or per foot,] and have paid into the hands of J. S., the auctioneer, the sum of $ as a deposit, and in part payment of the said purchase money; and I hereby agree to pay the remaining sum of $ , unto C. D., the vendor, at on or before and in all other respects on my part to fulfil the annexed conditions of sale.

the

day of

Witness my hand, this

day of

18.

A. B.

Conditions of Sale of Goods.

1. The highest bidder to be the purchaser; and if any dispute shall arise as to the last or highest bidder, the property shall be immediately put up again at the former bidding.

2. No person to advance less than $

bidding.

at a

3. The purchasers to give in their names, and places of residence (if required), and pay down a deposit of per cent. in part payment of purchase money; in default of which, the lot or lots so purchased will be immediately put up again and re-sold.

4. The lots to be taken away at the buyer's expense, within three days after, and the remainder of the purchase money to be paid on or before delivery.

5. Upon failure of complying with these conditions, the deposit money shall be forfeited; and all lots uncleared within the time aforesaid shall be re-sold by public auction or private sale, and the deficiency, if any, on such re-sale shall be made good by the defaulter.

Conditions of Sale of Land.

1. The highest bidder shall be declared the purchaser; and, if any dispute shall arise as to the last or best bidder, the property shall be immediately put up again at the former bidding.

2. No person shall advance at any one bidding less than $ or retract his or her bidding;