A sufficient and credible person shall avouch the horse seller.

The price of the horse shall

be entred into the toller's book.

A note in writing shall be given to the buyer.

The penalty of the person offending in any of the

cases aforesaid.

sell, give, exchange or put away any horse, mare, gelding, colt or filly shall bring unto the toll-taker or other officer aforesaid, of the same fair or market, one sufficient and credible person that can, shall or will testify and declare unto and before such toll-taker, book-keeper or other officer, That he knoweth the party that so selleth, giveth, exchangeth or putteth away such horse, mare, gelding, colt or filly, and his true name, surname, mystery and dwelling-place, and there enter or cause to be entred in the book of the said toll-taker or officer, as well the true christian name, surname, mystery and place of dwelling or resiancy of him that so selleth, giveth, exchangeth or putteth away such horse, mare, gelding, colt or filly, as of him that so shall testify or avouch his knowledge of the same person; (3) and shall also cause to be entred the very true price or value that he shall have for the same horse, mare, gelding, colt or filly so sold; (4) and that no person shall take upon him to avouch, testify or declare, that he knoweth the party that so shall offer to sell, give, exchange or put away any such horse, mare, gelding, colt or filly, unless he do indeed truly know the same party, and shall truly declare to the toll-taker or other officer aforesaid, as well the christian name, surname, mystery and place of dwelling and resiancy of himself, as of him of and for whom he maketh such testimony and avouchment; (5) and that no tolltaker or other person keeping any book of entry of sales of horses in fairs or markets shall take or receive any toll, or make entry of any sale, gift, exchange or putting away of any horse, mare, gelding, colt or filly, unless he knoweth the party that so selleth, giveth, exchangeth or putteth away any such horse, mare, gelding, colt or filly and his true christian name, surname, mystery, and place of his dwelling or resiancy, or the party that shall and will testify and avouch his knowledge of the same person so selling, giving, exchanging or putting away such horse, mare, gelding, colt or filly, and his true christian name, surname, mystery, and place of dwelling or resiancy, and shall make a perfect entry into the said book of such his knowledge of the person, and of the name, surname, mystery, and place of dwelling or resiancy of the said person, and also the true price or value that shall be bond fide taken or had for any such horse, mare, gelding, colt or filly so sold, given, exchanged or put away, so far as he can understand the same, (6) and then give to the party so buying or taken by gift, exchange or otherwise, such horse, mare, gelding, colt or filly, requiring and paying twopence for the same, a true and perfect note in writing of all the full contents of the same subscribed with his hand; (7) on pain that every person that so shall sell, give, exchange or put away any horse, mare, gelding, colt or filly, without being known to the toll-taker or other officer aforesaid, or without bringing such a voucher or witness causing the same to be entred as aforesaid, and every person making any untrue testimony or avouchment in the behalf as aforesaid, and every toll-taker, book-keeper or other officer of fair or market aforesaid, offending in the premises contrary to the true meaning aforesaid, shall forfeit for every such default the sum of five pounds, (8) but also that every sale,

made shall

be void.

gift, exchange or other putting away of any horse, mare, gelding, Every sale colt or filly, in fair or market, not used in all points according to otherwise the true meaning aforesaid, shall be void, the one half of all which forfeitures to be to the Queen's majesty, her heirs, and successors, and the other half to him or them that will sue for the same before the justices of peace, or in any of her majesty's ordinary courts of record, by bill, plaint, action of debt or information; in which no essoin or protection shall be allowed.

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

termine the

4. And be it further enacted that if any horse, mare, gelding, colt or filly, after twenty days next ensuing the end of this session of Parliament, shall be stolen, and after shall be sold in open fair or market, and the same sale shall be used in all points and circumstances as aforesaid, that yet nevertheless the sale of any such horse, mare, gelding, colt or filly, within six months next after the felony done, shall not take away the property of the owner, from whom the same was stolen, so as claim be made within six months by the party from whom the same was stolen, or by his executors or administrators, or by any other by any of their appointment, at or in the town or parish where the same horse, mare, gelding, colt or filly shall be found before the mayor or other head officer of the same town or parish, if the same horse, mare, gelding, colt or filly shall happen to be found in any town corporate or market-town, or else before any justice of peace of that county near to the place where such horse, mare, gelding, colt or filly shall be found if it be out of a town corporate or market-town; (2) and so as proof be made within forty days then next ensuing by two sufficient witnesses, to be produced and deposed before such head officer or justice (who by virtue of this Act shall have authority to minister an oath in that behalf), that the property of the same horse, mare, gelding, colt or filly so claimed was in the party by or from whom such claim is made, and was stolen from him within six months next before such claim of any such horse, gelding, mare, colt or filly; (3) but The owner that the party from whom the said horse, mare, gelding, colt or may redeem a filly was stolen, his executors or administrators, shall and may from him at all times after, notwithstanding any such sale or sales in any within six fair or open market thereof made, have property and power to months after, have, take again, and enjoy the said horse, mare, gelding, colt paying the or filly, upon payment, or readiness, or offer to pay, to the party price. that shall have the possession and interest of the same horse, mare, gelding, colt or filly, if he will receive and accept it, so much money as the same party shall depose and swear before such head officer, or justice of peace (who by virtue of this Act, shall have authority to minister and give an oath in that behalf) that he paid for the same bond fide, without fraud or collusion; any law, statute or other thing to the contrary thereof in anywise notwithstanding.

G.

Y

horse stolen

Rights under

bills of lading

to vest in consignee or endorsee.

Not to affect right of stoppage in transitu or claims for freight.

Bill of lading in hands of

conclusive

evidence of shipment as against the master, &c. Proviso.

(3.)

THE BILLS OF LADING ACT, 1855.

(18 & 19 VICT. c. 111.)

An Act to Amend the Law Relating to Bills of Lading.

Whereas by the custom of merchants a bill of lading of goods being transferable by endorsement the property in the goods may thereby pass to the endorsee, but nevertheless all rights in respect of the contract contained in the bill of lading continue in the original shipper or owner, and it is expedient that such rights should pass with the property: And whereas it frequently happens that the goods in respect of which bills of lading purport to be signed have not been laden on board, and it is proper that such bills of lading, in the hands of a bona fide holder for value, should not be questioned by the master or other person signing the same on the ground of the goods not having been laden as aforesaid: Be it therefore enacted as follows:

(1.) Every consignee of goods named in a bill of lading, and every endorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or endorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained in the bill of lading had been made with himself.

(2.) Nothing herein contained shall prejudice or affect any right of stoppage in transitu, or any right to claim freight against the original shipper or owner, or any liability of the consignee or endorsee by reason or in consequence of his being such consignee or endorsee, or of his receipt of the goods by reason or in consequence of such consignment or endorsement.

(3.) Every bill of lading in the hands of a consignee or endorsee for valuable consideration representing goods to have consignee, &c. been shipped on board a vessel shall be conclusive evidence of such shipment as against the master or other person signing the same, notwithstanding that such goods or some part thereof may not have been so shipped, unless such holder of the bill of lading shall have had actual notice at the time of receiving the same that the goods had not in fact been laden on board: provided that the master or other person so signing may exonerate himself in respect of such misrepresentation, by showing that it was caused without any default on his part, and wholly by the fraud of the shipper, or of the holder, or some person under whom the holder claims.

(4.)

THE LARCENY ACT, 1861 (a).

(24 & 25 VICT. c. 96.)

As to restitution and recovery of stolen property.

offender.

100. If any person guilty of any such felony or misdemeanor Proviso. as is mentioned in this Act, in stealing, taking, obtaining, extort- Revesting of ing, embezzling, converting, or disposing of, or in knowingly property on receiving, any chattel, money, valuable security, or other property conviction of whatsoever, shall be indicted for such offence, by or on the behalf of the owner of the property, or his executor or administrator, and convicted thereof, in such case the property shall be restored to the owner or his representative; and in every case in this section aforesaid the Court before whom any person shall be tried for any such felony or misdemeanor, shall have power to award from time to time writs of restitution for the said property, or to order the restitution thereof in a summary manner provided that if it shall appear before any award or order made that any valuable security shall have been bond fide paid or discharged by some person or body corporate liable to the payment thereof, or being a negotiable instrument shall have been bond fide taken or received by transfer or delivery, by some person or body corporate, for a just and valuable consideration, without any notice or without any reasonable cause to suspect that the same had by any felony or misdemeanor been stolen, taken, obtained, extorted, embezzled, converted, or disposed of, in such case the Court shall not award or order the restitution of such security; provided also, that nothing in this section contained shall apply to the case of any prosecution of any trustee, banker, merchant, attorney, factor, broker, or other agent entrusted with the possession of goods or documents of title to goods for any misdemeanor against this Act.

(5.)

SALE OF LAND BY AUCTION ACT, 1867.

(30 & 31 VICT. c. 48.)

An Act for amending the Law of Auctions of Estates.

Be it enacted, &c.

[15th July, 1867.]

1. This Act may be cited for all purposes as the "Sale of Land Short title. by Auction Act, 1867."

2. This Act shall commence and take effect on the first day of CommenceAugust, 1867.

ment of Act.

3. "Auctioneer" shall mean any person selling by public Interpretaauction any land, whether in lots or otherwise:

(a) See s. 24 (2) of The Sale of Goods Act, ante, p. 158.

tion of terms.

Where sales are invalid

in law to be also invalid in equity.

Rule respecting sale without reserve, &c.

Rule respect

ing sale subject to right of seller to bid as he may think proper.

Practice of opening biddings, by order of Chan

cery, except on ground of fraud, to be discontinued.

"Land" shall mean any interest in any messuages, lands, tenements, or hereditaments of whatever tenure:

'Agent" shall mean the solicitor, steward, or land agent of the seller:

"Puffer" shall mean a person appointed to bid on the part of the owner.

4. And whereas there is at present a conflict between her Majesty's Courts of law and equity in respect of the validity of sales by auction of land where a puffer has bid, although no right of bidding on behalf of the owner was reserved, the Courts of law holding that all such sales are absolutely illegal, and the Courts of equity under some circumstances giving effect to them, but even in Courts of equity the rule is unsettled: And whereas it is expedient that an end should be put to such conflicting and unsettled opinions: Be it therefore enacted, that from and after the passing of this Act whenever a sale by auction of land would be invalid at law by reason of the employment of a puffer, the same shall be deemed invalid in equity as well as at law.

5. And whereas as sales of land by auction are now conducted many of such sales are illegal, and could not be enforced against an unwilling purchaser, and it is expedient for the safety of both seller and purchaser that such sales should be so conducted as to be binding on both parties: Be it therefore enacted by the authority aforesaid as follows: That the particulars or conditions of sale by auction of any land shall state whether such land will be sold without reserve, or subject to a reserved price, or whether a right to bid is reserved; if it is stated that such land will be sold without reserve, or to that effect, then it shall not be lawful for the seller to employ any person to bid at such sale, or for the auctioneer to take knowingly any bidding from any such person.

6. And where any sale by auction of land is declared either in the particulars or conditions of such sale to be subject to a right for the seller to bid, it shall be lawful for the seller or any one person on his behalf to bid at such auction in such manner as he may think proper.

7. And whereas it is the long settled practice of Courts of equity in sales by auction of land under their authority to open biddings even more than once, and much inconvenience has arisen. from such practice, and it is expedient that the Courts of equity should no longer have the power to open biddings after sales by auction of land under their authority: Be it further enacted by the authority aforesaid, that the practice of opening the biddings on any sale by auction of land under or by virtue of any order of the High Court of Chancery shall, from and after the time appointed for the commencement of this Act, be discontiuued, and the highest bond fide bidder at such sale, provided he shall have bid a sum equal to or higher than the reserve price (if any), shall be declared and allowed the purchaser, unless the Court or judge shall, on the ground of fraud or improper conduct in the management of the sale, upon the application of any person interested in the land (such application to be made to the Court or judge before the chief clerk's certificate of the result of