to be published in terms of this Act, and any notices given in terms of the said first-recited Act prior to the passing of this Act, which in consequence thereof are unnecessary or inconsistent with the provisions of this Act, shall be of no effect. 48. The following words and expressions, when used in this Act, shall, in the construction thereof, be interpreted as follows, except when the nature of the provision or the context shall exclude or be repugnant to the said construction; (that is to say,) the expression "the assessor" shall mean the assessor of the burgh in and for which he is assessor, appointed under the aforesaid Act, 17 & 18 Vict. c. 91, being also the assessor specially appointed in terms of this Act, where such last-mentioned appointment has been made; the word "assessors" shall mean the assessor or assessors appointed under the said last-mentioned Act of the burgh in and for which such assessor or assessors act, whether specially appointed under this Act or not; the word "burgh" shall extend to and include any city, burgh, or town entitled as such by the firstrecited Act to send or to contribute to send a member or members to serve in Parliament, and as the same is limited and bounded by the said first-recited Act; the word "magistrates" shall include magistrates and council; the words "oath of possession" shall mean and include the words, "That I am still proprietor (or occupant) of the property for which I am so registered, and hold the same for my own benefit and not in trust for or at the pleasure of any other person;" the words town clerk" shall extend and apply to any person executing the duties of such town clerk, or if in any burgh there shall be no such officer as town clerk, then to any officer executing the same or the like duties as usually devolve upon the town clerk, or if in any burgh there be no such person, then to such person as the sheriff of the county in which such burgh is situate may appoint for that purpose, which he is hereby authorized to do. SCHEDULES to which the foregoing Act refers. SCHEDULE A. The List of Persons entitled to vote in the Election of a Member (or Members) for the Burgh of No. 2. Forms of Notice of Claim to be given to Assessors. To the Assessor of the Burgh of I hereby give you Notice, that I claim to have my Name inserted in the List of Persons entitled to vote in the Election of a Member (or Members) for the Burgh of and that the Particulars of my Qualification are stated in the Columns below. List of Persons claiming to have their Names inserted in the List of Persons entitled to vote in the Election of a Member (or Members) of Parliament for the Burgh of No. 4. Form of Notice of Objection to be given to Assessors. To the Assessor of the Burgh of I hereby give you Notice, that I object to the Name of A.B., who is described as follows, (here insert the Entry applicable to such Person in the Assessor List of Voters,) being retained in the List of Persons entitled to vote in the Election of a Member (or Members) for the Burgh of Dated this Day of 185 (Signed) E. F. Place of Abode. No. 5. Form of Notice of Objection to be given to Parties objected to. Burgh of To Mr. Take Notice, that I object to your Name being retained on the List of Persons entitled to vote in the Election of Members (or a Member) for the Burgh of Dated this Day of List of Persons objected to, to be published by the Assessors. Burgh of The following Persons have been objected to as not being entitled to have their Names retained in the List of Persons qualified to vote in the Election of a Member (or Members) for the Burgh of SCHEDULE B. Table of Rates of Payment to be demanded and paid for any List or Copy of a List (other than a Register), where a Payment is required and authorized by this Act. For any List, or Copy of a List, containing any Number of Persons' Names: Table of Rates of Payment to be demanded and paid for any Copy of a Register, or Part of any Register, where a Payment is required and authorized by this Act. For every Copy of any Register, or any Parts of any Register, containing any Number of Persons' d. Names: 100000 112570 2 6 7 6 CAP. LIX. An Act to alter the Mode of providing for certain Expenses now charged upon certain Parts of the Public Revenue. (21st July 1856.) CAP. LX. An Act to amend the Laws of Scotland affecting Trade and Commerce. ABSTRACT OF THE ENACTMENTS. (21st July 1856.) 1. Goods sold, but not delivered, not to be attachable by creditors of the seller. 2. Seller not entitled to a right of retention generally against second purchaser. 3. Arrestment and poinding of goods by seller. 4. Rights of landlord not to be affected. 5. Seller not held to warrant goods, except there be an express warranty in contract. 6. Guarantees, &c. to be in writing. 7. Guarantees to or for a firm not to be binding after any change of the firm, except in special cases. 8. Cautioners not to be entitled to benefit of discussion. 9. Discharge of one cautioner to operate as a discharge to all. 10. Date of bills or notes may be proved by parole. 11. Acceptance of bill of exchange must be in writing. 12. All bills drawn within the United Kingdom, &c. on any party within the United Kingdom, &c. to be held inland bills. 13. Notarial protest not to be necessary, except for the purpose of summary diligence. 14. Notice of dishonour in the case of inland bills to be given as in the case of foreign bills. 15. When bill lost, stolen, or fraudulently obtained, holder must prove value given. 16. Holder of bill or note indorsed after period of payment to be subject to objections, &c. 17. Carriers to be liable for losses by accidental fires. 18. Every port in United Kingdom, &c. to be deemed a home port. 19. Court of Session to make regulations for carrying Act into effect. 20. Title of Act. 21. Act to apply to Scotland only. By this Act, After reciting that inconvenience is felt by persons engaged in trade by reason of the laws of Scotland being in some particulars different from those of England and Ireland in matters of common occurrence in the course of such trade, and with a view to remedy such inconvenience it is expedient to amend the law of Scotland as hereinafter is mentioned: It is Enacted as follows: 1. From and after the passing of this Act, where goods have been sold, but the same have not been delivered to the purchaser, and have been allowed to remain in the custody of the seller, it shall not be competent for any creditor of such seller, after the date of such sale, to attach such goods as belonging to the seller by 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 delivery of such goods shall from and after the date of such sale be attachable by or transferable to the creditors of the purchaser. 2. Where a purchaser of goods who has not obtained delivery thereof shall after the passing of this Act sell the same, the purchaser from him or any other subsequent purchaser shall be entitled to demand that delivery of the said goods shall be made to him and not to the original purchaser; and the seller, on intimation being made to him of such subsequent sale, shall be bound to make such delivery, on payment of the price of such goods, or performance of the obligations or conditions of the contract of sale, and shall not be entitled, in any question with a subsequent purchaser, or others in his right, to retain the said goods for any separate debt or obligation alleged to be due to such seller by the original purchaser: Provided always, that nothing in this Act contained shall prejudice or affect the right of retention of the seller for payment of the purchase price of the goods sold, or such portion thereof as may remain unpaid, or for performance of the obligations or conditions of the contract of sale, or any right of retention competent to the seller, except as between him and such subsequent purchaser, or any such right of retention arising from express contract with the original purchaser. 3. Any seller of goods may attach the same while in his own hands or possession, by arrestment or poinding, at any time prior to the date when the sale of such goods to a subsequent purchaser shall have been intimated to such seller, and such arrestment or poinding shall have the same operation and effect in a competition or otherwise as an arrestment or poinding by a third party. 4. Nothing herein before contained shall prejudice or affect the landlord's right of hypothec and sequestration for rent. 5. Where goods shall, after the passing of this Act, be sold, the seller, if at the time of the sale he was without knowledge that the same were defec tive or of bad quality, shall not be held to have warranted their quality or sufficiency, but the goods, with all faults, shall be at the risk of the purchaser, unless the seller shall have given an express warranty of the quality or sufficiency of such goods, or unless the goods have been expressly sold for a specified and particular purpose, in which case the seller shall be considered, without such warranty, to warrant that the same are fit for such purpose. 6. From and after the passing of this Act, all guarantees, securities, or cautionary obligations made or granted by any person for any other person, and all representations and assurances as to the character, conduct, credit, ability, trade, or dealings of any person, made or granted to the effect or for the purpose of enabling such person to obtain credit, money, goods, or postponement of payment of debt, or of any other obligation demandable from him shall be in writing, and shall be subscribed by the person undertaking such guarantee, security, or cautionary obligation, or making such representations and assurances, or by some person duly authorized by him or them, otherwise the same shall have no effect. 7. No guarantee, security, cautionary obligation, representation, or assurance granted or made after the passing of this Act to or for a company or firm consisting of two or more persons, or to or for a single person trading under the name of a firm, shall be binding on the granter or maker of the same in respect of anything done or omitted to be done, after a change shall have taken place in any one or more of the partners of the company or firm to which the same has been granted or made, or of the company or firm for which the same has been granted or made: Unless the intention of the parties that such guarantee, security, cautionary obligation, representation, or assurance, shall continue to be binding, notwithstanding such change, shall appear either by express stipulation, or by necessary implication from the nature of the firm or otherwise. 8. Where any person shall, after the passing of this Act, become bound as cautioner for any principal debtor, it shall not be necessary for the cre |