AGREEMENTS.

Agent.

Ireland.

What former acts repealed.

contained in 29 G. 2. c. 25, for appointing a sufficient number of constables for the service of the city and liberty of Westminster, and to compel proper persons to take upon them the office of jurymen, to prevent nuisances and other offences within the said city and liberty; and in 31 G. 2. c. 17, for amending the said act; and in 35 G.3. c. 102, for the more effectual prevention of the use of defective weights, and of false and unequal balances; and in act 37 Geo. 3. for amending the said act of the thirty-fifth year; and in an act of 55 G. S. c. 43, for the more effectual prevention of the use of false and deficient measures; shall be applied and put in execution, except only so far as the said recited acts or any of them, or any part thereof, are expressly repealed or altered by this act, or any other act.

And

$ 22. That all the powers, rules, and regulations in force, and contained in the several acts passed in the parliament of Ireland, for the ascertaining and examining, and for the seizing, breaking, and destroying of any weights or measures, shall be applied and put in execution, as if the weights or measures ascertained by this act had been specified in the said acts, except only so far as the said acts or any of them, or any part thereof, are repealed or altered by this act, or some other act. § 23. Repeals all other former acts relative to weights and measures. § 24. Except that nothing in the act shall extend to repeal the act of 31 G. 2. c. 17, nor in any manner to affect or alter the power given by the said act to the dean, high steward, or his deputy, and the burgesses of the city of Westminster, to appoint a proper officer to size and seal all weights and measures used by persons dealing by weight and measure in the said city of Westminster and the liberties thereof.

No. VI. Rider B.

*Abstract of 6 Geo. IV. c. 94. for the better Protection of the Property of Persons entering into Contracts in relation to Goods, &c. intrusted to Factors or Agents.

(See ante, p. 29. n. (1)).

AGREEMENTS.

Agent.

Factors or

goods, &c. in agents having their possession, the owners, with respect to con

to be deemed

tracts made on the faith of such

1. The first section of this act (after referring to the deficiency of the act of 4 Geo. 4. c. 83.," for the protection of the property of merchants and others, entering into contracts or agreements in relation to goods intrusted to factors or agents :") enacts, That persons intrusted, for the purpose of consignment or of sale, with any goods, wares, or merchandize, and who shall have shipped such goods, &c. in their names; and persons in whose names any goods, &c. shall be shipped by any other person, shall be deemed to be the true owners thereof, so far as to entitle the consignees to a lien thereon, in respect of any money or negotiable security advanced or given by such consignees to or for the property. use of the persons in whose names such goods, &c. shall be shipped, or in respect of any money or negotiable security received to the use of such consignees, in the like manner as if such persons were the true owners of such goods, &c.: provided such consignees shall not have notice by the bill of lading for the delivery of such goods, &c. or otherwise, at or before the time of any advance of such money or negotiable security, or of such receipt of money or negotiable security, that such persons so shipping in their own names, or the person in whose names any goods, &c. shall be shipped, are not the actual and bona fide owners thereof: Provided also, that the persons in whose names any such goods, &c. are so shipped, shall be taken, for the purposes of the act, to have been entrusted therewith for the purpose of consignment or of sale, unless the contrary shall be made to appear.

§ 2. That after 1 October 1826, any person entrusted with and in possession of any bill of lading, India warrant, dock warrant, warehousekeeper's certificate, wharfinger's certificate, warrant or order for delivery of goods, shall be deemed to be the true owner of the goods, wares, and merchandize described in the said several documents, so far as to give validity to any contract or agreement thereafter to be entered into by such person, for the sale or disposition thereof, or for the deposit or pledge thereof, as a security for any money or negotiable instrument advanced or given upon the faith of any such document; provided such

Persons in pos

session of bills of

lading, &c. to be deemed

the owner.

AGREEMENTS.

Agent.

No person to acquire a security upon goods in the hands of an

agent for an an

tecedent debt, beyond the

agent's interest

in the goods.

Persons may contract with

the ordinary

course of business.

person with whom such contract or agreement be entered into shall not have notice, that the person so entrusted as aforesaid is not the actual and bonâ fide owner of such goods, &c.

§ 3. That in case any person shall accept and take any such goods, wares, or merchandize in deposit or pledge from any such person or persons so in possession and intrusted as aforesaid, without notice as aforesaid, as a security for any debt or demand due and owing from the person so entrusted and in possession as aforesaid, to the person so accepting or taking, before the time of such deposit or pledge, then such last mentioned person shall acquire no further right or interest in or to the said goods, &c., than the person so possessed and entrusted as aforesaid had therein at the time of such deposit or pledge.

4. That (after the 1st day of October 1826) it shall be lawful known agents in for any person to contract with any agent intrusted with goods, wares, or merchandise, or to whom the same may be consigned, for the purchase of any such goods, &c., and to receive the same of, and pay for the same to such agent; and such contract and payment shall be good against the owner of such goods, &c. although such purchaser shall have notice that the person entering into such contract is an agent: provided such contract and payment be made in the usual and ordinary course of business, and that such purchaser shall not, when such contract is entered into or payment made, have notice that such agent is not authorized to sell the said goods, &c., or to receive the said purchase

Persons may take goods, &c. in pledge from known agents;

but in that case shall acquire no further interest than was possessed by such agents.

Right of the owner to follow

his goods in the

hands of agent, or his assignee,

in case of bank

ruptcy, and to recover them

from a third per

£on, upon paying

advances made upon them.

money.

§ 5. That it shall be lawful for any person to accept and take any such goods, wares, or merchandize, or any such document as aforesaid, in deposit or pledge from any such factor or agent, notwithstanding such person shall have such notice as aforesaid, that the person or persons making such deposit or pledge is or are a factor or factors, or agent or agents; but in that case such person shall acquire no further right or interest in or to the said goods, &c., or any such document as aforesaid, than was possessed by the said factor or agent at the time of such deposit or pledge.

§ 6. That nothing in the said act shall be construed to prevent the true owner of such goods, &c., from demanding and recovering the same from his factor or agent, before the same shall have been so sold, deposited, or pledged, or from the assignees of such factor or agent, in the event of his bankruptcy; nor to prevent such owner from demanding or recovering of any person the price or sum agreed to be paid for the purchase of such goods, &c., subject to any right of setoff on the part of such person against such factor or agent; nor to prevent such owner from demanding or recovering of such person, goods, &c. so deposited or pledged, upon repayment of the money, or on restoration of the negotiable instrument or instruments advanced or given on the security thereof; nor to prevent the said owner from re

covering of such person any balance or sum of money remaining in his hands, as the produce of the sale of such goods, &c., after deducting the amount of the money or negotiable instrument or instruments so advanced or given upon the security thereof: provided always, that in case of the bankruptcy of any such factor or agent, the owner of the goods, &c. so pledged and redeemed, shall be held to have discharged pro tanto the debt due by him to the estate of such bankrupt. § 7. Agents fraudulently pledging the goods of their principals deemed guilty of a misdemeanor; and may be transported for fourteen

years.

8. The act not to extend to cases in which the agent has not made the goods a security for any sum beyond the extent of his own lien. Acceptances of bills by an agent not to create a lien so as to excuse the pledge, unless the bills are paid when due.

9. The penalty of the act not to extend to partners not being privy to the offence.

10. The act not to lessen any remedy at law or equity which the party aggrieved may be entitled to adopt.

AGREEMENTS.

Assign.

No. VII.

*An Agreement to assign the Benefit of a Contract for a Purchase before the Master (1).

ARTICLES of agreement [indented] made this

day of

, in the year 18 ..BETWEEN (the assignor) of, &c. of the one part, and (the assignee) of, &c. of the other part. WHEREAS &c. (recite shortly the proceedings leading to the sale, &c. and the report of the Master or Deputy Remembrancer of the assignor's being the highest bidder.) WHEREAS N. B. (one of the Masters of the High Court of Chancery, or Deputy Remembrancer of his Majesty's Court of Exchequer at Westminster) by his report dated, &c. as by the said order and report and other the said proceedings on reference being thereunto respectively had will appear. And whereas the said (assignor) hath agreed with the said (assignee) to assign or make over the interest of him the said (assignor) in the said purchase [in consideration of the sum of £ ] (2) Witness assignor Now THESE PRESENTS WITNESS that the said (assignor) for and in consideration of the sum of £ to be to him paid by the said (assignee) at the time and in the manner hereinafter

assigns benefit of contract.

Purchase of con

tract.

Consideration.

(1) Of assignment of contracts, see post. "Assignments;" also ante Vol. III. pp. 512.522. in notis. This agreement may perhaps with some justice be considered as belonging more properly to the class of PURCHASE DEEDS. See ante, Vol. III. No. CVIII. and n. (2) there, but where any subject for a precedent has occurred to the editor as being likely to present itself frequently in practice, he has inserted a form in the supplemental volumes, rather than the profession should lose altogether the benefit to be derived from it, although it might have been introduced in the previous SERIES.

(2) The consideration, if any, for the assignment to a third person of premises sold before a Master must be very small, as, if it be a considerable advance upon the sum originally bidden, the biddings will be opened for a further competition.