SALE OF CORN BY SAMPLE. 523 



ss. 2 & 3, whicli require the butter-packing vessel to be branded under 

 a penalty with the name or the names in full of the cooper and seller, 

 the exact weight or tare thereof, indirectly prohibits any sale of Ijutter 

 in vessels not properly marked, and therefore the contract of sale for a 

 number of firkins of butter not so marked is void, and the plaintiff can- 

 not recover, and the clause may be used against him as a defence to an 

 action. The Court of Queen's Bench in Foster v. Taylor directed a non- 

 suit, and said that it was rightly held at the trial that the onus lay at 

 all events on the defendant to prove that the plaintiff had not complied 

 with the statute. 



And scmbJe by the Court of Exchequer Chamber that the 15th section 

 of 5 Geo. IV., c. 74, is not repealed by 5 & 6 Will. IV., c. 53, and con- 

 sequently that contracts by local weight may be lawfully made if the 

 proportion to the standard is expressed ; though it is otherwise with 

 respect to measures, all local measures being abolished by 5 & 6 Will. IV., 

 c. 63, s. 6 {Giles v. Jones). 



The seller of corn hij samjyle in a marlcet is henefited hij the marJcct, 

 as well as the seller of corn which is pitched there in hulk and sold ,- 

 and if he refuses to pay the same toll which is paid by the seller of 

 corn in bulk, an action on the case lies against him for the injury done 

 to the market in selling by sample (The Bailiffs of Teivlceshury v. Brick- 

 nail). Where a toll had been customarily taken ly the collector putting 

 his liand into the sack and lifting out a handful, and placing it in a howl 

 held near the mouth of the sack, and that functionary varied fi'om his 

 ordinary mode by sweeping instead of lifting such toll, it was held, by 

 the Court of King's Bench in Norman v. Bell, that trover lay against 

 him for the excess. It is now provided by 5 Geo. IV., c. 74, s. 9, that 

 where articles are sold by stricken, not heaped measure, " they shall be 

 stricken with a round stick or roller, straight, and of the same diameter 

 from end to end." 



By 19 & 20 Vkt., c. 114, s. 1, no water, scmd, earth, or other mcdter is 

 to he put into a hundle or truss of hay or straw intended for sale ivithin 

 the cities of London and Westminster or within 30 miles thereof, to in- 

 crease the weight, under a penalty not exceeding £10. By section 2, 

 salesmen, &c., are to furnish the buyers with a ticket stating the number 

 of trusses sold, and the name and address of the owner. This Act and 

 36 Geo. III., c. 88, are to be construed together. 



An assignment for the benefit of creditors hy a trader and farmer, of all 

 her ^^ effects, stock, hooks and hook debts,'' conveys the cattle on the farm 

 {Lewis V. Rogers, Exor.). A farmer who is in the habit of huging half 

 as many more si/rep as was necessary to stock his farm, and of sellino- 

 the surplus at a profit, is a trader within the bankrupt laws as a sheep- 



