Lapas attēli
PDF
ePub

fact done honestly, whether it be done negligently S. 62 (2).

or not.

See ss. 22 (1), 23, 25, (1) (2), 26 (1), 47, where the definition. is required. The same definition of "good faith" is given in s. 90 of the Bills of Exchange Act, 1882. It is apparently based on the distinction between honest blundering or carelessness, and a dishonest refraining from inquiry, pointed out by Lord Blackburn in Jones v. Gordon (k).

(3.) A person is deemed to be insolvent within s. 62 (3). the meaning of this Act who either has ceased to pay his debts in the ordinary course of business, or cannot pay his debts as they become due, whether he has committed an act of bankruptcy or not, and whether he has become a notour bankrupt or not.

See ss. 39 (1) (b), 41 (1) (c), 44, where the definition is required.

Notour bankrupt.-A term of Scotch law. See Bell's Dictionary, Law of Scotland, p. 79.

(4.) Goods are in a "deliverable state" within the meaning of this Act when they are in such a state that the buyer would under the contract be bound to take delivery of them.

See ss. 18 (Rules 2, 3, and 5 (1)) and 29 (5), and cf. s. 4 (2), "fit or ready for delivery."

S. 62 (4).

ment.

63. This Act shall come into operation on the Commencefirst day of January one thousand eight hundred and ninety-four.

The royal assent was not given until the 20th of February, 1894, so that the operation of the Act, probably unintentionally, is retrospective.

S. 63.

64. This Act

may

be cited as the Sale of Goods Short title.

Act, 1893.

(k) (1877), 2 Ap. Ca. at p. 628.

S. 60.

SCHEDULE.

This Schedule is to be read as referring to the Revised Edition of the Statutes prepared under the direction of the Statute Law Committee.

[merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

APPENDIX OF STATUTES.

The four following Statutes are copied from Pickering's Edition of "The Statutes at Large."

(1.) AN ACT AGAINST THE BUYING OF STOLEN HORSES (1555) (a).

(2 & 3 PHIL. & MAR. c. 7.)

in fairs or

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 owners 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) BE IT THEREFORE ENACTED, that the owner, In what governor, ruler, fermor, steward, bailiff or chief keeper of every manner horses fair and market overt within this realm and other the Queen's shall be sold dominions, shall before the feast of Easter next, and so yearly, markets. 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 overt; (2) in which said certain and open place, as is aforesaid, there shall be, by the said ruler or keeper of the said fair or market, put in and appointed one sufficient person or more, to A place shall take toll, and keep the same place from ten of the clock before be appointed noon until sunset of every day of the foresaid fair and market, for a horseupon 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 said 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;

(a) See s. 22 (2) of the Sale of Goods Act, ante, p. 150.

fair, and also a toll-taker.

When, where and of whom toll for horses

shall be taken.

A note of all

a fair or market.

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.

3. And the said toll-gatherer or keeper of the said book shall horses sold in within one day next after every such fair or market bring and deliver his said book to the owner, governor, ruler, 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.

The using of a stolen horse

in a fair, or, &c., before

the owner's

be taken

away.

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, property shall 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 one hour together at the least, betwixt ten of the clock of the morning and the sun-setting, in the open place of the fair or market wherein horses are commonly used to be sold, and not within any house, yard, back-side or other privy or secret place, and unless all the parties to the bargain, contract, gift or exchange present in the said fair or market shall also come together, and bring the horse, mare, gelding or colt so sold, exchanged, given or put away to the open place appointed for the toll-taker, or for the book-keeper where no toll is due, and there enter or cause to be entered their names and dwelling-places, in manner as is aforesaid, with the colour or colours, and one special mark at the least of every the same horses, mares, geldings or colts in the toll-taker's book, or in the keeper's book for that purpose where no toll is due, as is aforesaid, and also pay him their toll, if they ought to pay any and if not, then the buyer to give one penny for the entry of their names, and executing the other circumstances afore rehearsed, to him that shall write the same in the said book.

5. And if any horse, mare, gelding or colt that is or shall be thievishly stolen or taken away, shall after the said last day of February next coming be sold, given, exchanged or put away in any fair or market, and not used in all points according to the tenor and intent of this estatute, that then the owner of every such horse, mare, gelding or colt shall and may by force of this estatute seize or take again the said horse, mare, gelding or colt, or have an action of detinue or replevin for the same; any sale,

gift, exchange or putting away of any such horse, mare, gelding or colt other than according to this estatute in anywise notwithstanding.

6. The one-half of all which forfeitures to be the King's and Queen's majesties, her heirs, and successors, and the other to him or them that will sue for the same, before the justices of peace or in any of the King's and Queen's majesties' ordinary courts of record, by bill, plaint, action of debt, or information in which suits no protection, essoin or wager of law shall be allowed.

shall hear and

7. And be it enacted by the authority aforesaid, That the The justices justices of peace of every place and county, as well within of the peace liberties as without, shall have authority in their sessions, within determine the limits of their authority and commission, to inquire, hear, the offences and determine all offences against this estatute as they may do aforesaid. any other matter triable before them.

8. Provided always, That in every such fair or market, where Allowance of any toll is nor shall be due ne leviable, by reason of the freedom, the bookliberty or privilege of the said fair or market, the keeper or no toll is due. keeper where keepers of the book, touching the execution of this present Act, shall take nor exact but one penny upon and for every contract, for his labour in writing the entry concerning the premises, in manner and form as is before declared.

(2.)

AN ACT TO AVOID HORSE STEALING (1589).
(31 ELIZ. c. 12.)

must be

Whereas through most counties of this realm horse-stealing is Sellers of grown so common, as neither in pastures or closes, nor hardly in horses in fairs stables, the same are to be in safety from stealing which ensueth or markets by the ready buying of the same by horse-coursers and others, known to the in some open fairs or markets far distant from the owner, and toll-taker, or with such speed as the owner cannot by pursuit possibly help some other the same; (2; and sundry good ordinances have heretofore been who will made touching the manner of selling and tolling of horses, mares, geldings and colts in fairs and markets, which have not wrought so good effect for the repressing or avoiding of horse-stealing, as was expected :

2. Now for a further remedy in that behalf, be it enacted, by the authority of the present parliament, That no person after twenty days next after the end of this session of parliament, shall in any fair or market sell, give, exchange or put away any horse, mare, gelding, colt or filly, unless the toll-taker there, or where no toll is paid, the book-keeper, bailiff or the chief officer of the same fair or market, shall and will take upon him perfect knowledge of the person that so shall sell or offer to sell, give or exchange any horse, mare, gelding, colt or filly, and of his true christian name, surname, and place of dwelling or resiancy, and shall enter all the same his knowledge into a book there kept for the sale of horses; (2) or else, that he so selling, or offering to

avouch the

sale. which shall be entered in the toll-book, &c.

« iepriekšējāTurpināt »