AGREEMENTS. Agent. Determination of disputes. Contracts for work or goods. Present weights, &c. may be used if marked. As to rents pay had according to the said standard of weight, or to the said gallon, or the parts, multiples, or proportions thereof; and in using the same the measures shall not be heaped, but shall be stricken with a round stick or roller, straight and of the same diameter from end to end. But 10. That nothing herein shall authorize the selling in Ireland, by measure, of any articles, matters, or things, which by any law in force in Ireland are required to be sold by weight only. § 11. 12. and 13. Provide for models being made and kept in the Exchequer of standard weights and measures, and copies thereof to be kept in county towns under the care of the magistrates. § 14. That in all cases of dispute respecting the correctness of any measure of capacity, arising in a place were recourse cannot be conveniently had to any of the aforesaid verified copies or models, it shall be lawful for any justice of the peace or magistrate having jurisdiction in such place, to ascertain the contents of such measure of capacity, by direct reference to the weight of pure or rain water which such measure is capable of containing; ten pounds avoirdupois weight of such water, at the temperature of sixty-two degrees by Fahrenheit's thermometer, being the standard gallon ascertained by this act, the same being in bulk equal to 277 cubic inches, and 274 one-thousandth parts of a cubic inch, and so in proportion for all parts or multiples of a gallon. § 15. That all contracts, bargains, sales and dealings, which shall be made or had within any part of the United Kingdom, for any work to be done, or for any goods, wares, merchandize, or other thing to be sold, delivered, done or agreed for by weight or measure, where no special agreement shall be made to the contrary, shall be deemed to be made and had according to the standard weights and measures, ascertained by this act; and in all cases where any special agreement shall be made, with reference to any weight or measure established by local custom, the ratio or proportion which every such local weight or measure shall bear to any of the said standard weights or measures, shall be expressed, declared, and specified in such agreement, or otherwise such agreement shall be null and void. § 16. That it shall be lawful for any person or persons to buy and sell goods and merchandize by any weights or measures established either by local custom, or founded on special agreement: provided that in order that the ratio or proportion which all such measures and weights shall bear to the standard weights and measures established by this act, shall be and become a matter of common notoriety, the ratio or proportion which all such customary measures and weights shall bear to the said standard weights and measures, shall be painted or marked upon all such customary weights and measures respectively. § 17. That at the general or quarter sessions of the peace to be holden able in corn, &c. in every county, riding, or division, and in every city, town, or place (being a county of itself) in England or Ireland, next after the expi in England or Ireland. ration of six calendar months after the passing of this act, or at any general quarter sessions to be holden thereafter, an inquisition shall be taken before the justices, by the oaths of twelve freeholders having lands to the value of 100l. per annum, to be summoned by the sheriff or proper officer, to enquire into and ascertain the amount, according to the standard of weight or measure by this act established, of all contracts or rents payable in grain or malt, or any other commodity or thing, or with reference to the measure or weight of any such grain, malt, or other commodity or thing, and the amount of any toll or rate heretofore payable according to any weights and measures heretofore in use within such places; and such inquisitions, when taken, shall be transmitted by the clerks of the peace of the counties, or by the mayor, bailiff, or other head officer of every city, town or place (being a county of itself), into the Courts of Exchequer at Westminster and Dublin, and shall there be enrolled of record, and shall be given in evidence in any action or suit at law or in equity; and the amount so to be ascertained shall be the rule of payment in regard to all such contracts, rents, tolls, or rates, in all time coming; and the costs of such inquisitions, and the enrolments thereof, shall be paid in England out of the general rate or stock of every county or place, and in Ireland by presentments of the grand juries. AGREEMENTS. Agent. Scotland. § 18. That the sheriff depute or sheriff substitute within Scotland, The like in shall, as soon as conveniently may be after the expiration of six calendar months after the passing of this act, summon and impannel a jury of the same number, and with the same qualifications which are required in the jury who strike the fair prices of grain, to assemble at such place as he shall find convenient; which jury shall inquire into and ascertain the amount, according to the standards by this act established, of all such stipends, feu duties, rents, tolls, customs, casualties, and other demands whatsoever, payable in grain, malt, meal, or any other commodity or thing, according to the weights and measures heretofore in use within the same shires or stewartries; and such inquisitions, when taken, shall be transmitted by the sheriff clerks, or stewart clerks, in the Court of Exchequer at Edinburgh, and shall there be enrolled of record, and shall be given in evidence in any action or suit at law or in equity; and the amount so to be ascertained shall, when converted into the standard weights and measures, be the rule of payment in regard to all such stipends, feu duties, rents, tolls, customs, casualties, and other demands whatsoever, in all time coming; and the costs of such inquisitions, and the enrolment thereof, shall be assessed and levied, payed and defrayed, in manner herein-before directed in regard to the assessment for the models of weights and measures. 19. and 20. Provide for tables of proportions and equalizations being published by the treasurer, &c. § 21. and 22. That all the powers, rules, and regulations in force and Where former F 2 acts in force. 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. 47 NO. VI.] CONVEYANCING. 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. the owner. AGREEMENTS. Agent. No person to ac quire 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 any such goods, person or such any § 3. That in case any person shall accept and take from wares, or merchandize in deposit or pledge 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, ruptcy, and to recover them from a third per 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 afore said, in deposit or pledge from any such factor or agent, notwithstand ing such person shall have such notice as aforesaid, that the person of persons making such deposit or pledge is or are a factor or factors, o agent or agents; but in that case such person shall acquire no furthe right or interest in or to the said goods, &c., or any such document a aforesaid, than was possessed by the said factor or agent at the time such deposit or pledge. 6. That nothing in the said act shall be construed to prevent t true owner of such goods, &c., from demanding and recovering t same from his factor or agent, before the same shall have been so sol deposited, or pledged, or from the assignees of such factor or ager in the event of his bankruptcy; nor to prevent such owner from manding or recovering of any person the price or sum agreed to con, upon paying paid for the purchase of such goods, &c., subject to any right of s off on the part of such person against such factor or agent; nor prevent such owner from demanding or recovering of such pers goods, &c. so deposited or pledged, upon repayment of the money, on restoration of the negotiable instrument or instruments advanced given on the security thereof; nor to prevent the said owner from advances made upon them. |