166 EXCHEQUER COURT REPORTS. VAL. ' XXI ; 1921 BRITISH COLUMBIA ADMIRALTY DISTRICT July 6. B ETWEEN HERNANDEZ v. THE BAMFIELD. Shipping—Tariff—Practice—Marshal's fees on sale by auction— Municipal license. The tariff of fees in force for marshals and sheriffs provides that "if the marshal, being duly qualified, acts as auctioneer, he shall be allowed a double fee on the gross proceeds." Held: That the word "qualified" here used must be given its wider sense of competence and ability to perform the duties of auctioneer, and should not be restricted to a person "duly licensed" as such by the municipal authorities; and that where the marshal has such competence and ability, though not a duly licensed auctioneer, he will be entitled to the fees provided for in the said article of the tariff. APPEAL by marshal for the British Columbia Admiralty District from the decision of the District Registrar disallowing the double fee in the sale by auction of a vessel under order of the court. July 6th, 1921. Appeal heard before the Honourable Mr. Justice Martin at Victoria. The Marshal in person. S. T. Hanky, contra.
Vol,. XXI. EXCHEQUER COURT REPORTS.. 167 MARTIN, L. J. A., this (6th day of July, 1921) 1 921 delivered judgment. This is an appeal by the marshal HERNvANDEZ . in person from the taxation by the. registrar of his fees BA A2~TIDLD. and the question is was he right in disallowing the Reasons for auctioneer's charges made by the marshal in selling "gm"' the power vessel Bamfield by order of the court. martin L .J.A. The appropriate item in the table of fees, No. 5, . declares that "If the marshal, being . duly . qualified, acts as auctioneer, he shall be allowed a double fee on the gross proceeds." The registrar ruled that the ' expression "being duly qualified" should be construed as "duly licensed" as auctioneer by. the City of Victoria, in which place the sale was held and as it was admitted that the marshal had not applied for or received an auctioneer's license, therefore his claim for a double fee was disallowed, but, with all due respect to the learned registrar's views, I am of the opinion that "qualified" is here used in the wider sense of competence, or, standard of ability, to perform .a duty which it is conceded, had often been adequately performed by the marshal. The sense I think in which the expression is here employed is well illustrated in Crabbs English Synonyms, sub title, "Competent, Fitted, or Qualified," wherein it is said:—"An acquaintance with the matter to be done and expertness in the mode of performing it constitutes the qualification." On this ground alone I am therefore of the opinion that the appeal should be allowed, but it is desirable to note for • further consideration when necessary, that I am not unmindful of a further reason in favour of such construction which might be advanced, namely, that it appears to be a strange thing in that any municipal requirement could intervene between the Court and ,
168 EXCHEQUER COURT REPORTS. VOL. XXI. 1921 its officers in disposing of any matter . and by what HERNANDEZ . agency it saw fit to direct of the property within its b THE custody and control. It would seem to be an anomaly, BAMFIELD. Reasons for that any officer of the Court who would be, by experi-Judgment. ence, qualified to dispose of its property throughout Martin L.J.A. its entire jurisdiction over this province, should never- theless be restricted in the performance of that duty by a local municipality. Appeal allowed. ~~~
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