Sects. 15 15. This Act shall commence and come into operation 17. on the First day of January, One Thousand Eight Hundred Commence- and Ninety. ment. Extent of Act. Short title. 16. This Act shall not extend to Scotland. The result of the exclusion of Scotland from this Act is, that the Factors Acts, 1823, 1825, 1842, and 1877, though repealed as to England and Ireland, as from the 1st of January, 1890, still continued to apply to Scotland. Perhaps, however, the Factors (Scotland) Act, 1890, post, p. 142, repeals them by implication as from the commencement of that act, namely 14th of August, 1890. It may be noted that their provisions are more nearly declaratory of Scotch common law than they were of English common law.1 See the subject discussed, Bell's Principles, 9th ed., p. 824, et seq. 17. This Act may be cited as the Factors Act, 1889. Though the act is called the Factors Act, the word "factor" does not occur in it. It applies to any mercantile agent within the meaning of sect. 1. It might have been more appropriate to call it the "Mercantile Agents Act," as has been done in some colonies which have adopted it, but there was convenience in retaining the familiar name.2 1 Vickers v. Hertz (1871), L. R. 2 Sc. App. 113, at p. 119. 2 For definition of "factor," see Story on Agency, § 33, and Ex p. Dixon (1876), 4 Ch. D., at p. 137. Session and Chapter. 4 Geo. IV. c. 83 6 Geo. IV. c. 94 The whole Act. An Act for the better pro- An Act to alter and amend The whole Act. 1 This Schedule repeals as to England and Ireland, but not as to Scotland, the Factors Acts of 1823, 1825, 1842, and 1877. Section 14. 53 & 54 THE FACTORS (SCOTLAND) ACT, 1890. (53 & 54 VICT. c. 40). [14th August, 1890.] Vict. c. 40. BE it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Application of 52 & 53 Vict. c. 45 to Scotland. Short title. 1. Subject to the following provisions, the Factors Act, 1889, shall apply to Scotland. (1.) The expression "lien" shall mean and include right of retention; the expression "vendor's lien " shall mean and include any right of retention competent to the original owner or vendor; and the expression "set-off" shall mean and include compensation. (2.) In the application of section five of the recited Act, a sale, pledge, or other disposition of goods shall not be valid unless made for valuable consideration. 2. This Act may be cited as the Factors (Scotland) Act, 1890. The Act of 1889 excluded Scotland, see ante, p. 140. APPENDIX I.-STATUTES. AN ACT AGAINST THE BUYING OF STOLEN (2 & 3 PHIL. & MAR. c. 7.) Forasmuch as stolen horses, mares, and geldings, by thieves and their confederates, be for the most part sold, exchanged, given, or put away in houses, stables, back-sides, and other secret and privy places of markets and fairs, and the toll also privily paid for the same, whereby the true owner thereof, being not able to try the falsehood and covin betwixt the buyer and seller of such horse, mare, or gelding, is by the common law of this realm without remedy: 2 The former misuse in sale of stolen horses. manner horses shall be sold in Sect. 2.-Be it therefore enacted by the authority of this present In what parliament, That the owner, governor, ruler, fermor, steward, bailiff, or chief keeper of every fair and market overt within this realm, and other the Queen's dominions, shall before the feast of Easter next, and so yearly, appoint and limit out a certain and special open place within the town, place, field, or circuit, where horses, mares, geldings, and colts have been and shall be used to be sold in any fair or market 1 Taken from Pickering's edition of the Statutes. See Moran v. Pitt (1873), 42 L. J. Q. B. 47, and ante, p. 55. 2 This Act and the' amending Act, 31 Eliz. c. 12, are saved by sect. 22 (2), ante, p. 55. When the Bill left the House of Lords it was proposed to repeal them, and to reproduce their effect in shorter and simpler language in a schedule. In the Select Committee in the Commons it was decided to abolish the anomalous rules of sale in market overt. The schedule therefore was cut out as unnecessary, for the only practical effect of the Acts is to take horses out of the category of things which can be sold in market overt. In Committee of the whole House, however, the rules as to market overt were reinstated, but the schedule was not reinstated. Consequently it became necessary to remove these Acts from the list of repeals. fairs or markets. A place shall be appointed for a horsefair, and also a toll taker. When, 2 & 3 Phil. overt; (2) in which said certain and open place, as is aforesaid, there & Mar. c. 7. shall be, by the said ruler or keeper of the said fair or market, put in and appointed one sufficient person or more, to take toll and keep the same place from ten of the clock before noon until sunset of every day of the aforesaid fair and market, upon pain to lose and forfeit for every default forty shillings; (3) and that every toll-gatherer, his deputy or deputies, shall, during the time of every the said fairs and markets, take their due and lawful tolls for every such horse, mare, gelding, or colt, at the said open place to be appointed as is aforesaid, and betwixt the hours of ten of the clock in the morning and sunset of the same where, and day, if it be tendered, and not at any other time or place; (4) and shall have presently before him or them, at the taking of the same toll, the parties to the bargain, exchange, gift, contract, or putting away of every such horse, mare, gelding, or colt; and also the same horse, mare, gelding, and colt so sold, exchanged, or put away ; (5) and shall then write, or cause to be written in a book to be kept for that purpose, the names, surnames, and dwelling places of all the said parties, and the colour, with one special mark at the least, of every such horse, mare, gelding, and colt; (6) in pain to forfeit at and for every default contrary to the tenor thereof, forty shillings. of whom toll for horses shall be taken. A note of all horses sold in a fair or market. The using of a stolen horse in a fair, or, &c., before the owner's property shall be taken away. Sect. 3.-And the said toll-gatherer or keeper of the said book, shall, within one day next after every such fair or market, bring and deliver his said book to the owner, governor, steward, bailiff, or chief keeper of the said fair or market, who shall then cause a note to be made of the true number of all horses, mares, geldings, and colts sold at the said market or fair, and shall there subscribe his name, or set his mark thereunto; (2) upon pain to him that shall make default therein, to lose and forfeit for every default forty shillings, and also answer the party grieved by reason of the same his negligence in every behalf. Sect. 4. And be it further enacted by the authority aforesaid, That the sale, gift, exchange, or putting away after the last day of February now next coming, in any fair or market overt, of any horse, mare, gelding, or colt, that is or shall be thievishly stolen, or feloniously taken away from any person or persons, shall not alter, take away, nor exchange the property of any person or persons to or from any such horse, mare, gelding, or colt, unless the same horse, mare, gelding, or colt shall be in the time of the said fair or market wherein the same shall be so sold, given, exchanged, or put away, openly ridden, led, walked, driven, or kept standing by the space of |