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XVIII. In order to enable the Superior Courts of Common Law at Rules and Westminster and Dublin, and the Judges thereof respectively, to make Regulations may be made Rules and Regulations, and to frame Writs and Proceedings, for the and Writs and ProceedPurpose of giving effect to this Act, the Two hundred and twentyings framed 5 third and Two hundred and twenty-fourth Sections of "The Common for the Law Procedure Act, 1852," shall, so far as this Act is to take effect Purposes of in England, and the Two hundred and thirty-third and Two hundred and fortieth Sections of "The Common Law Procedure Amendment Act (Ireland), 1853," shall, so far as this Act is to take effect in 10 Ireland, be incorporated with this Act, as if those Provisions had been severally herein repeated and made to apply to this Act.
XIX. In citing this Act it shall be sufficient to use the Expression Short Title. "The Mercantile Law Amendment Act, 1856."
XX. Nothing in this Act shall extend to Scotland.
Act not to
extend to Scotland.
ARRANGEMENT OF CLAUSES.
Goods sold, but not delivered, not to be attachable by Creditors of the Seller; Sect. 1.
Seller not entitled to a Right of Retention generally against Second Purchaser; 2.
Arrestment and Poinding of Goods by Seller; 3.
Rights of Landlord not to be affected; 4.
Seller not held to warrant Goods, except there be an express Warranty in Contract; 5.
Guarantees, &c. to be in Writing; 6.
Guarantees to or for a Firm not to be binding after any Change of
the Firm, except in special Cases; 7.
Cautioners not to be entitled to Benefit of Discussion; 8.
Discharge of One Cautioner to operate as a Discharge to all; 9.
All Bills drawn within the United Kingdom, &c. on any Party
Notice of Dishonour in the Case of Inland Bills to be given as in the Case of Foreign Bills; 14.
When Bill lost, stolen, or fraudulently obtained, Holder must prove Value given; 15.
Holder of Bill or Note indorsed after the Period of Payment to be subject to the Equities affecting the Indorser; 16.
Carriers to be liable for Loss by accidental Fire; 17.
Every Port in United Kingdom, &c. to be deemed a Home Port; 18. Court of Session to make Regulations for carrying Act into effect; 19. Title of Act; 20.
Act to apply to Scotland only; 21.
An Act to amend the Laws of Scotland affecting
HEREAS Inconvenience is felt by Persons engaged in Preamble.
with a view to remedy such Inconvenience it is expedient to amend the Law of Scotland as herein-after is mentioned: Be it therefore 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 10 the same, as follows:
I. From and after the passing of this Act, where Goods have been Goods sold, sold, but the same have not been delivered to the Purchaser, and but not delivered, not to have been allowed to remain in the Custody of the Seller, it shall be attachnot be competent for any Creditor of such Seller, after the Date able by 15 of such Sale, to attach such Goods as belonging to the Seller by the Seller. any Diligence or Process of Law, including Sequestration, to the Effect of preventing the Purchaser or others in his Right from enforcing Delivery of the same; and the Right of the Purchaser to demand