Complete Works of R S Surtees

by R S Surtees

  All people, however, cannot get their horses into these stables; and such as cannot had better put them either into the large stable, the back fourteen-stall, or the boxes. The great thing to avoid is, having the horses brought out before the buyers arrive.

  The best way is to bespeak stalls, and rather to defer sending the horses for a week or two sooner than have them put into bad stables.

  For the Thursday’s sale they should be sent in on the Tuesday: but for whichever day stalls are engaged, care must be taken that the horses are sent in on those I have named, otherwise it will be presumed that they are not coming, and the stalls given up to some one else.

  All that has been here said respecting sales by auction at Messrs. Tattersall’s Repository, is equally applicable to those at Mr. Young’s Bazaar, except so far as the same may be altered by the printed conditions of sale, and by which all persons are bound.

  At Mr. Young’s there is a greater quantity of stabling, and horses need not to be sent in until the day preceding the sale: for instance, a horse sent there on a Friday morning will be in time for the Saturday’s sale, though an earlier day might secure a better place in the catalogue.

  The Bazaar itself is of immense extent, and admirably arranged; of which perhaps I cannot give a better description than by inserting one of the prospectuses.

  BAZAAR,

  King Street, and Baker Street, Portman Square, FOR THE SALE OF HORSES, CARRIAGES, AND FURNITURE, BY COMMISSION.

  For Horses and Carriages by Auction every Tuesday and Saturday; and for Saddlery, Harness, and Miscellaneous Articles, daily.

  Regulations for the Sale of Horses by Commission.

  George Young humbly begs leave to submit the following Regulations for the Sale of Horses by commission in this establishment, which covers upwards of two acres of ground, and contains early four hundred stalls, and good exercising grounds, all inclosed by high walls.

  1. Horses will be taken in for sale every day (Sundays excepted), from nine o’clock in the morning until eight in the evening during summer, and until dark in the winter, after having passed the examination of the Veterinary Surgeon, in order to guard against the introduction of contagious disease.

  2. The premises will be open for general business only during these hours, within which horses may be tried or taken away.

  3. A commission of 5 per cent, will be charged on the amount of all sales.

  4. The price for forage, &c will be that ordinarily charged in the same neighbourhood from time to time, and each horse will have an hour’s walking exercise every day.

  5. Horses sent as carriage horses may be seen in harness, and tried a short distance out of the Bazaar; but saddle horses will not be allowed to go out, unless by the express permission of the owner, as the space within is sufficiently extensive and convenient for trial and exercise.

  6. Studs of horses will be received with their grooms; but such grooms must, if required, comply with the regulations laid down for the servants of the Bazaar.

  7. An able veterinary surgeon, assistants, and smiths, will be constantly looking over the stables; careful, experienced head grooms and stablemen selected; and a watchman kept up all night, to guard as much possible against accidents, particularly those arising from horses getting cast in their stalls.

  8. Great attention will be paid to horses’ feet, which is of the utmost importance while they are out of work.

  9. All horses purchased must be paid for previously to delivery; and persons failing to make payment within two days after the purchase will become liable either to an action at law by the owner, or to a dissolution of the contract, at his (the owner’s) option.

  10. Should any horse be warranted and prove unsound, he must be returned within the second day after the sale (not including the day of sale), and within the prescribed hours of that day. It must, however, be distinctly understood, that this period only applies to George Young’s liability, the law being open against the owners after that date, as in all other cases of warranty, and that all liability on the part of the agent will cease at the period he binds himself to pay over the amount of sales to the owners.

  11. In all disputes which may arise respecting purchases and sales, where the law leaves it at the option of the parties either to bring or defend actions in the name of the agents or the principals, no action will be brought or defended by the agent, or in his name; but the action and defence must be brought and made by the parties themselves, and in their own names; thereby leaving the agent, what he ought to be in the transaction, the witness, to prove the facts in dispute.

  12. When a horse, having been warranted sound, shall be returned within the prescribed period on account of unsoundness, a certificate from a veterinary surgeon, particularly describing the unsoundness, must accompany the horse so returned; when, if it be agreed to by the veterinary surgeon of the establishment, the amount received for the horse shall be immediately paid back; but if the veterinary surgeon of the establishment should not confirm the certificate, then, in order to avoid farther dispute, one of the veterinary surgeons of the College shall be called in, and his decision shall be final; and the expense of such umpire shall be borne by the party in error.

  13. If any horse, warranted quiet in harness or quiet to ride, or warranted in any other respect (except as to soundness), shall be returned within the prescribed period, as not answering the warranty given with him at the time of sale, he shall be tried and examined within the Bazaar by an impartial person, approved of by George Young, whose decision shall be final; and the consideration for the examination, viz. 10s., shall be paid by the party in error.

  14. The proprietors of horses sold may receive the amount of sales (if received from the purchasers), deducting for keep, commission, &c on the fourth day after the sale; but no liability is to attach to George Young, in the event either of an offer or an agreement to purchase not being subsequently carried into effect.

  15. The keep, &c. &c of horses that may be taken away unsold must be paid for before delivery.

  16. When the keep and other expenses upon any horses sent in for sale shall amount to a larger sum, with reference to their value, than George Young should deem expedient, he shall, at the expiration of ten days after the sending of a written notice to the owner or owners, addressed by post, agreeably to the register made at the time the horse or horses were sent in for sale, be at liberty to sell and dispose of the same, either by public or private contract, placing the proceeds to the credit of the parties, and paying over to them the balance, if any remain, after deducting all charges for keep, commission on sale, &c. &c.

  17. George Young will not deal in horses, either directly or indirectly, but will conduct himself most strictly as an agent; nor will any servant be allowed to deal, or to ask for any perquisite.

  18. No charge for advertisements will be made for any horse or stud, except especially directed to be advertised.

  19. All risk from fire, &c will attach to the owners of the horses.

  Regulations for the Sale of Horses by Auction.

  1. A sale by auction will take place every Tues day and Saturday, and will commence precisely at twelve o’clock at noon.

  2. The charges for commission will be five per cent.

  3. Catalogues will be made out every Monday and Friday, describing such horses as are to be put up for sale, together with the number which may be affixed to each horse on his entering the Bazaar, and the numerical order in which he will be brought out for sale.

  4. The description of the horses given in the catalogue will be the only one by which the horses are put up for sale by auction; it will therefore have no reference what ever to that on the tin (which relates only to the horse on sale by commission); and every horse intended for sale by auction must be in the Bazaar at least one day before the clay of sale, in order to be inserted in the catalogue of the next day’s sale.

  5. A deposit of 10l per cent, must, if demanded, be paid on each lot at the time of purchase,
and the remainder before delivery on the same day; but should the purchase-money not be made good during the day, the deposit will be forfeited, leaving the owner at liberty to dissolve the contract, or to re-sell the horse, either privately or by auction, with or without giving notice to the purchaser, who will be debtor to the owner for any difference or loss which may arise out of the non-fulfilment of the contract, including commission on the re-sale, keep, and all other charges whatever.

  6. See Clause 10 of the “Regulations for Sale by Commission.”

  7. See Clause 11.

  8. See Clause 12.

  9. See Clause 13.

  10. See Clause 14.

  11. Three shillings will be charged on each horse put up for sale by auction, for advertisements, catalogues, &c., but an additional charge will be made if specially advertised.

  12. The keep, &c. &c of horses taken away un sold must be paid for before delivery.

  13. The price of forage will be the same as may from time to time be charged in the Bazaar for horses sold on commission. The care, attention, feeding, and exercise, will also be the same.

  14. Should any dispute arise at the sale between the bidders, the lot on which such dispute shall arise will be put up again.

  15. No bidding less than 10s. 6d on sums under fifty guineas, nor less than one guinea on sums above fifty guineas, will be accepted, and the highest bidder will be the purchaser.

  16. All risk from fire, &c will attach to the owners of the horses.

  17. See Clause 16 of the “Regulations for Sale by Commission.”

  * * * Stock will be valued or sold by auction, on the premises of the owners, upon moderate terms.

  Money Advanced on Horses on the following Conditions.

  1. That the amount of loans made shall be in proportion to the value of the horses, subject to George Young’s determination; and that the interest on the same shall commence at the rate of 5l per cent, per annum on the day on which the money is advanced.

  2. That if the amount borrowed be not repaid, together with all the ordinary charges for interest, keep, &c. &c within the period inserted in the receipt given to the borrower at the time of his depositing the horse or horses upon which the loan is made, George Young shall then be at liberty, with or without notice, to sell and dispose of such horse or horses, either by public auction or by private sale, and to place the proceeds at the credit of the account of the party borrowing; when, after charging the same with 5l per cent, commission on the sale, interest at the rate of 5l per cent, per annum, and the other accustomed charges, he shall pay over the balance, if any remain, in favour of the borrower.

  3. That if, on the contrary, any balance should remain due to George Young, the same must be immediately paid to him on demand; or in default thereof, that interest thereon shall commence at the rate of 5l. per cent, per annum, from the day of sale, on which day the balance will be considered due to George Young.

  4. That the horses upon which money is so advanced shall in no case be taken out of the Bazaar, until the amount of the loan, with interest, be paid, as well as the keep, and all other charges upon them, up to the day of removal.

  George Young takes leave finally to add, that, as the horses are kept in the best possible condition at a very great expense in procuring forage of the first quality, and in employing the best veterinary aid and the most careful grooms, additional advantages are offered to the public; which will, he trusts, ensure him the high reputation (which it shall ever be his earnest endeavour to maintain) of his establishment being the fairest, the safest, and the most extensive market for the purchase and sale of horses. In support of these observations, he begs particularly to refer to Clauses 3, 7, 12, and 13, of “Regulations for the Sale of Horses by Commission,” and to state generally, that the whole of the foregoing regulations have been framed with the greatest care, and the most anxious desire to prevent legal disputes, and to avoid the great expense usually attendant upon them, as well as to render the strictest justice, by affording equal protection both to the buyers and the sellers.

  For the sale of carriages and furniture by commission and by auction, and of saddlery and harness, &c., see also printed Regulations.

  The horse department is more a place for sale by commission or private contract than by public auction; and there are always a great number of useful horses to be found, the price of which, and other particulars, can be ascertained by referring from the number of the stall to a list exhibited in each stable.

  With respect to the instructions given to the auctioneers as to the price for which they are to sell a horse, a very nice distinction has been made; viz.

  That an action does not lie against an auctioneer for selling a horse at the highest price bid for him, contrary to the owner’s express directions not to let him go under a larger sum named.

  Though it would had the seller desired the auctioneer to put the horse up at a certain sum, say 100l.

  This is the law, which it is as well to know; though, to give the auctioneers all due credit, I believe they are much too careful of the property entrusted to their disposal to make it likely to occur again.

  However, the case was tried in an action of Bexwell against Christie; speaking of which Mr. Espinasse, in his Treatise on the Law of Nisi Prius, says —

  “It was resolved in this case that when a person sends an article to an auction which advertizes to sell to the highest bidder, with orders not to have it sold under such a price, an action will not lie against the auctioneer if he sells it at a price less than that so mentioned, as such dealings are a fraud on buyers, who suppose the lot is to be knocked down to the best real bidder; but it is otherwise had he ordered it not to be set up under such a price.”

  If the owner does not object to selling his horse by private contract, he can state the price at the time of entering him in the auctioneer’s books; and as by this means the five pounds per cent, auction duty will be saved, he may perhaps diminish the price in proportion; he can also state whether he purports warranting him or not.

  The horse, whether sold at Messrs. Tattersall’s, Mr. Young’s, or elsewhere, being duly entered, comes to the hammer according to his number in the list; when, if the owner wishes to warrant him, he must tell the auctioneer, if he has not already done so on entering him.

  The best way of doing this (and also of giving any farther instructions) is by writing, and handing them to the auctioneer when it comes to the horse’s turn — for a short lapse of time takes place between the putting up of each lot; he then has an opportunity of reading them: but the writer must bear in mind that

  “Brevity is the soul of wit.”

  The difference between the number of horses sold at the hammer under warranty, in proportion to those that are sold without, is so very great, that, at Messrs. Tattersall’s particularly, warranty is the exception and not the general rule; consequently they never insert in the catalogues whether the horses to be sold are warranted or not; and unless Messrs. Tattersall state that they are to be warranted, the inference is that the owner does not intend they should, and that the purchaser is to take them at all risks and with all faults.

  When the horse comes to the hammer, the auctioneer reads from the catalogue or written instructions what the owner has to say respecting it; as for instance —

  “This, Gentlemen, is Lot 49 — a chesnut mare by Windle; dam Minerva by Walnut; grandam Sister to Beningbrough by King Fergus: she is seven years old and warranted sound, and has been regularly hunted with His Majesty’s stag-hounds during the last season. Will any Gentleman give two hundred guineas for her? One hundred and eighty guineas? One hundred and fifty guineas?”

  And so he goes down to, and sometimes below, the price which the horse is to be sold for. If he gets below the sum, and there is no bidding, he perhaps assumes one, and endeavours to work it up to, or past, the lowest price fixed; and a person not knowing this might fancy he had sold his horse, while in fact the auctioneer has only been bidding against himsel
f.

  This manner of conducting sales is a mixture of a Dutch auction and an English one.

  A Dutch auction is when the thing is put up at a high price, and if nobody accept the offer a lower is named; and so the sum first required is gradually decreased till some person close with the offer. Thus there is of necessity only one bidding — a mode which in this country would attract few bidders.

  Messrs. Tattarsall’s sale commences in the same manner as a Dutch auction; but when any person actually bids, then others may advance on that bidding, and the highest bidder is declared the purchaser, just as if the sale had been conducted in the usual way.

  A good deal of difference of opinion has existed respecting the owner’s right to bid for his horse at the hammer.

  The case I before mentioned, of Bexwell against Christie, turned upon the fact of the horse being advertised to be sold to the highest bidder, and the Judges refused to view the seller in the light of a bidder at all, though the Legislature, in subsequent statutes, seems to have been of a different opinion, and even to have sanctioned such proceedings.

  In the case of Howard against Castle, when the purchaser was the only real bidder, Lord Kenyon held, that, unless it were publicly known that the owner intended to bid, it was a fraud upon the purchaser, and consequently no action would lie against him for non-performance of his agreement.

  Lord Rosslyn, in a subsequent case of Conolly against Parsons, said he fancied the case of Howard and Castle turned on the circumstance that there was only one real bidder, and the person refused instantly, and his Lordship said —

  “He felt vast difficulty to compass the reasoning that a person does not follow his own judgment because other persons bid, that the judgment of one person is to be deluded and influenced by the judgment of others.”