120 HOUSES THE SUBJECT OF DILIGENCE. 



should be so held, it is thought that the distinctions taken in 

 the case of furniture («) would be applicable, where horses are 

 not the property of the tenant, but are only on hire or 

 loan. 



90. Horses the subject of Diligence. — Horses, being 

 moveable property, are subject to the ordinary rules of dili- 

 gence applicable to that class of property. Thus, they are 

 arrestable ; and may also be poinded, but plough horses 

 cannot be poinded in the labouring season, when no 

 search has been made for other goods.(6) The provisions of 

 the Mercantile Law Amendment Act regarding diligence (c) 

 are applicable to horses. (cZ) It has also been held that the 

 first section of the Mercantile Law Amendment Act did not 

 apply to a transaction or sale under which, as part of the 

 agreement, a horse remained undelivered, and the seller had 

 not only the custody, but continued in the use and possession 

 of it, Avith a power to sell ; and, therefore, that a poinding at 

 the instance of a creditor of the seller was valid, (e) 



(a) B. Pr. 1276 ; Bell v. Andreivs, 1885, 12 R. 961. 



(6) Lord Advocate v. Foryan, 1811, 16 F.C, Appx. No. 1 ; Ersk. iii. 6, 22. 



(c) 19 & 20 Vict. c. 60, §§ 1, 3. 



(d) Young v. Giffen, 1858, 21 D. 87. 



(e) Sim V. Grant, 1862, 24 D. 1033. 



