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HUME [David, Baron] Commentaries on the law of Scotland respecting crimes ... with a supplemen...
Currency:GBP
Category:Everything Else / Other
Start Price:NA
Estimated At:100.00 - 150.00 GBP
NOT SOLD (BIDDING OVER)
0.00GBP+ applicable fees & taxes.
This item WAS NOT SOLD. Auction date was 2003 Jan 31 @ 11:00UTC+00:00 : GMT
HUME [David, Baron]
Commentaries on the law of Scotland respecting crimes ... with a supplement by Benjamin Robert Bell ... 2 volumes, contemporary light tan calf, rebacked, 4to., Edinburgh: Bell & Bradfute, 1844
Note: A pencilled note by
Sheriff Bogie records its former ownership by Professor Mounsey of Edinburgh University (to whom it was originally awarded as a prize), and to Lord Strachan, before Sheriff Bogie's purchase from the library of Lord Justice Clerk Grant. Lord Strachan's signature is at the beginning of each volume. [2]
£100-150
Auction Location:
United Kingdom
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(i) to proceed against the buyer for damages for breach of contract;
(ii) to rescind the sale of that or any other lots sold to the defaulting buyer at the same or any other auction;
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<p>A CHARGE OF 1.5% is made on CREDIT CARD PURCHASES.
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<p>5.1. Subject to Condition 6 all lots are sold as shown and neither Lyon & Turnbull nor the seller accept any responsibility for any faults, imperfections or errors of description, authorship, attribution, origin, date, age, or provenance however caused in or with regard to any lot, and all lots are to be taken and paid for whether genuine or not. Buyers should satisfy themselves as to the condition of any lot before bidding for it.
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<p>5.3. Neither Lyon & Turnbull nor the seller makes or gives, neither has Lyon & Turnbull, nor any person employed by Lyon & Turnbull, any authority to make or give, any representation or warranty to any person in respect of any lot, and any conditions or warranties implied by law (except, in the case of the seller, those implied under Section 12 of the Sale of Goods Act 1979) are hereby excluded.
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<p>6. Forgeries
6.1. In the event of any lot proving to be a forgery Lyon & Turnbull will, at their absolute discretion and subject to the following Conditions, either rescind the sale of any lot and refund such of the aggregate price has been received by them or repurchase the lot for such sum as, taken together with the amount of any Value Added Tax chargeable thereon, shall equal the aggregate price paid for the lot by the buyer, provided that this obligation shall only arise if:
(i) within one year of the sale of the lot the buyer gives notice in writing to Lyon & Turnbull that the lot purchased by him through Lyon & Turnbull is a forgery (as hereinafter defined); and
(ii) the buyer returns the lot to Lyon & Turnbull in the same condition as it was at the time of the auction accompanied by written proof of forgery, the number of the lot, and the date of auction at which it was purchased; and
(iii) the buyer proves to Lyon & Turnbull's reasonable satisfaction that the lot is a forgery and that he is able to transfer a good title thereto free from any liens, charges or encumbrances; and
(iv) the buyer demonstrates to Lyon & Turnbull's reasonable satisfaction that the lot alleged by him to be a forgery is the lot actually purchased by him through Lyon & Turnbull.
<p>6.2. A 'forgery' means an imitation intended by the maker or any other person to deceive as to authorship, date or provenance, provided that it is not shown to be such in the catalogue description and at the date of the sale had a value materially less than it would have had if it had been in accordance with that description. Notwithstanding the above, the buyer shall have no rights in respect of a forgery (as defined) if;
(i) the catalogue description at the date of the sale was in accordance with the then generally accepted opinion of scholars and experts or fairly indicated that there was a conflict of such opinion; or
(ii) it can be established that the lot is a forgery only by means of process not generally accepted for use until after publication of the catalogue or by means of a process which at the date of the sale was unreasonably expensive or impractical (or likely to have caused damage to the lot).
<p>6.3. The benefits of this Condition shall be personal to the buyer who, for the purpose of this Condition, shall be the person to whom the original invoice is made out by Lyon & Turnbull in respect of the lot sold. The benefit of this Condition shall not be assignable by the buyer.
<p>7. General
<p>7.1. Any claim by a buyer against Lyon & Turnbull whether under any of these Conditions or otherwise arising out of the sale of any lot shall be limited to the amount (if any) paid by the buyer in respect of such lot and shall not extend to any consequential or other loss or damage or expense suffered by the buyer.
<p>
7.2. The above Conditions and all notices, descriptions, statements and other matters in the catalogue and elsewhere concerning any lot are subject to any statements modifying or affecting the same made by the auctioneer from the rostrum prior to any bid being accepted for the lot.
<p>7.3. Each bidder by the making of any bid acknowledges his acceptance of these Conditions and the terms of any Notices and other Conditions in the catalogue.
<p>7.4. Lyon & Turnbull are under no obligation to disclose to any person the identify of either buyer or seller of any lot.
<p>7.5. Each sale and matters connected therewith, including these Conditions, shall be governed by and construed in accordance with the laws of Scotand. By taking part in the sale;
(i) every bidder who is for the purposes of the E.E.C. Convention on Jurisdiction and the Enforcement of Judgments domiciled in a member state of the E.E.C. submits to the exclusive jurisdiction of the Scottish courts;
(ii) every other bidder submits to the non-exclusive jurisdiction of the Scottish courts.
<p>7.6. The buyer of a firearm is responsible for obtaining a valid firearm certificate, shot gun certificate or certificate of registration as a firearms dealer and for conforming with regulations in force in Great Britain relating to firearms, notice of which is published in catalogues of firearms. Lyon & Turnbull will not deliver lots to buyers without production of evidence of compliance with this condition.
<p>7.7. The headings are for convenience only and shall be ignored in construing these Conditions.
<p>SPECIAL NOTICE STORAGE AND SHIPPING
<p>SHIPPING
All shipping inquiries should be directed to 'mailboxes etc' 28 Elm Row , Edinburgh, tel 0131 557 0222/ info@elmrow.mbe.uk.com.
<p>STORAGE - Lots not collected by Friday following the sale will be removed to T & S TRANSPORT in Edinburgh. They can be contacted for shipping on +44 131 553 3830. STORAGE CHARGES are as follows;
<p>ADMIN
£20+VAT
<p>PER LOT PER DAY
£3.00 + VAT including insurance
<p>Small items
£2.50 + VAT including insurance
(insured up to hammer price)