auction is held, so that all persons may easily read the same, and shall also keep such ticket or board so affixed or suspended during the whole time of the auction being held; and if any auctioneer begins any auction or acts as auctioneer at any auction, in any room or place where his name and residence is not so painted or written on a ticket or board, so affixed or suspended, and kept affixed or suspended in manner stated above, he will be liable to forfeit for every such offence the sum of £20.

In Scotland, where a buyer has elected to accept goods which he might have rejected, and to treat a breach of contract as only giving rise to a claim for damages, he may, in an action by the seller for the price, be required, in the discretion of the Court before which the action depends, to consign or pay into Court the price of the goods, or part of them, or to give other reasonable security for the due payment of them.

The following Acts have been repealed, wholly or in part, by the Sale of Goods Act, 1893, namely, (1) an Act against brokers (1 Jac. 1, cap. 21) (the whole Act); (2) Sections 15 & 16 cited as 16 & 17 of the Statute of Frauds, 29 Charles II., cap. 3; (3) Section 7 of 9 Geo. IV., cap. 14 (an Act for rendering a written memorandum necessary to the validity of certain promises and engagements); (4) Sections 1-5 of the Mercantile Law Amendment (Scotland) Act, 1856, 19 & 20 Vict., cap. 60; and (5) Sections 1 & 2 of the Mercantile Law Amendment Act, 1856 (19 & 20 Vict., cap. 97). But the repeal

of the above mentioned enactments will not affect anything done or suffered, or any right, title or interest acquired or accrued before the commencement of the Sale of Goods Act, 1893, or any legal proceeding or remedy in respect of any such thing, right, title or interest.

The rules in bankruptcy relating to contracts of sale continue to apply to them notwithstanding anything contained in the Sale of Goods Act, 1893.

The rules of the common law, including the law merchant, except in so far as they are inconsistent with the express provisions of the Act just mentioned, and, in particular, the rules relating to the law of principal and agent, and the effect of fraud, misrepresentation, duress or coercion, mistake, or other invalidating cause, continue to apply to contracts for the sale of goods; nor will anything in the Sale of Goods Act, 1893, or in any repeal effected by it, affect the enactments relating to bills of sale, or any enactment relating to the sale of goods which is not expressly repealed by the Statute of 1893; and the provisions of this Act relating to contracts of sale do not apply to any transactions in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge, or other security; nor in Scotland will anything prejudice or affect the landlord's right of hypothec (i.e., a security established by law in favour of a creditor over the property of his debtor) or sequestration (i.e., a “following up" of a person's property) for rent.

The following terms have by the Sale of Goods Act, 1893, special meanings, namely :

"Action" includes counter-claim and set-off, and in Scotland condescendence and claim and compensation.

66

‘Buyer” means a person who buys or agrees to buy goods.

"Defendant" includes in Scotland, defender, respondent, and claimant in a multiple-poinding. "Document of Title to Goods has the same meaning that it has in the Factors Acts (see post).

"Factors Acts' mean the Factors Act, 1889; the Factors (Scotland) Act, 1890, and any enactment amending or substituted for the same.

"Fault" means wrongful act or default.

"Goods" include all chattels personal (i.e., movable goods which belong immediately to the person of the owner), other than things in action. or money, and in Scotland all corporeal movables except money. The term includes industrial growing crops, etc., etc., which are attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.

"Lien in Scotland" includes right of retention. "Plaintiff" includes pursuer, complainer, claimant in a multiple-poinding, and defendant or defender counter-claiming.

"Quality of Goods" includes their state or condition.

66

Specific Goods" mean goods identified and agreed upon at the time the contract of sale is. made.

66

Warranty" as regards England and Ireland means an agreement with reference to goods which are the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim for damages, but not to a right to reject the goods and treat the contract as repudiated. As regards. Scotland, a breach of warranty will be deemed to be a failure to perform a material part of the

contract.

"

A thing is deemed to be done in "good faith when it is in fact done honestly, whether it be done negligently or not.

A person is deemed to be insolvent 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 or whether he has become a notorious or well-known bankrupt or not.

Goods are in a "deliverable state" when they are in such a state that the buyer would not under the contract be bound to take delivery of them.

Such is the law affecting the sale of goods under the Sale of Goods Act, 1893.

By the Factors Act, 1889 (which amends and consolidates the Factors Acts, and which are, by this Act, hereby repealed), where a mercantile agent is, with the consent of the owner, in possession of goods, or of the documents of title to goods,

any sale, pledge, or other disposition of the goods, made by him when acting in the ordinary course of business of a mercantile agent will, subject to the provisions of that Act, be as valid as if he were expressly authorised by the owner of the goods to make the same; provided that the person taking, under the disposition, acts in good faith, and has not, at the time of the disposition, notice that the person making the disposition has not authority to make the same; and where a mercantile agent has, with the consent of the owner, been in possession of goods, or of the documents of title to goods, any sale, pledge, or other disposition, which would have been valid if the consent had continued, will be valid notwithstanding the determination of the consent; provided that the person taking under the disposition has not at the time notice that the consent has been determined. And where a mercantile agent has obtained possession of any document of title to goods by reason of his being, or having been, with the consent of the owner, in possession of the goods represented by them, or of any other documents of title to the goods, his possession of the first-mentioned documents shall, for the purposes of that Act, be deemed to be with the consent of the owner, which consent will be presumed in the absence of evidence to the contrary.

A pledge of documents of title to goods will be deemed to be a pledge of the goods. An agreement made through a mercantile agent's clerk will be deemed to be an agreement with the agent. The consignee has, in respect of advances