other security,' and 'nothing in this Act shall prejudice or affect the landlord's right of hypothec or sequestration for rent in Scotland.' New Clauses.-In place of § 13 (1) (2) (3), the following clauses are proposed for Scotland : (a) Where a contract of sale is subject to any condition to be fulfilled by the seller, the buyer may waive the condition or elect to treat the breach of such condition as a breach which may give rise to a claim for damages : (b) Failure to perform any material part of a contract of sale is in general a breach of contract which entitles the party not in fault to reject the goods and treat the contract as repudiated, and it depends on the circumstances and equities of each case whether the contract can be treated as repudiated or the breach complained of falls to be satisfied by damages.' A clause, numbered § 41, is proposed allowing attachment by seller in Scotland. 'In Scotland a seller of goods may attach the same while in his own hands or possession by arrestment or poinding; 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.' A clause, numbered § 60, is added, relating to payment into Court in Scotland when breach of warranty is alleged : : 'In Scotland where a buyer elects to accept goods which he might have rejected, and to treat a breach of contract as only giving rise to a claim for damages, he may, in an action by the seller for the price, be required, in the discretion of the Court before which the action depends, to consign or pay into Court the price of the goods or part thereof, or to give other reasonable security for the due payment thereof.' Lastly, by the interpretation clause, various Scots law terms are included under the corresponding English terms, e.g. pursuer, complainer, and claimant in a multiplepoinding are included under 'plaintiff.' TABLE OF CASES. Amaan v. Handyside, 1865, 3 Macp. 526, Anderson, 1870, 9 Macp. 122, Anderson v. Morice, 1875, L. R. 10 C. P. 609, and 1 App. Ca. 713, Campbell v. Mersey Docks Co., 1863, 14 C. B. n. s. 412, City Bank v. Barrow, 1880, 5 App. Ca. 677, Clark v. Spence, 1836, 4 A. & E. 466, Cochrane v. Willis, 1865, 1 Ch. App. 58, . Coddington v. Paleologo, 1867, L. R. 2 Ex. 200, Eichholz v. Bannister, 1864, 34 L. J. C. P. 105, 53 Hargreave v. Spink, Q. B. Div., Times' L. R. Nov. 2, 1891, Head v. Tattersall, 1871, 7 Ex. 7, Hepburn v. Campbell, 1781, Mor. 14168, Hibblethwaite v. M‘Morine, 1839, 5 M. & W. 462, . Houldsworth v. Glasgow Bank, 1880, 5 App. Ca. 317, Kennedy v. Panama Mail Co., 1867, L. R. 2 Q. B. 580, . Lavaggi v. Pirie, 1872, 10 Macp. 312, Lee v. Griffin, 1861, 1 B. & S. 272, . Lunn v. Thornton, 1845, 1 C. B. 379, Life Association of Scotland v. Foster, 1873, 11 Macp. 351, Macdonald, 1888, 15 R. 998, . Mackay v. Dick, 1881, 6 App. Ca. 251, Macreth v. Simmons, 15 Ves. 344, . M'Bain v. Wallace, 1881, 6 App. Ca. 588, PAGE 154 140 27 140 79 64 6 14 87 57 26 119 8 68, 71 41 54 38 21 21 32 71 46 49 26 14 99 42 48 20 77 Martindale v. Smith, 1841, 1 Q. B. 389,. Richmond v. Railton, 1854, 16 D. 402, Scrabster Harbour Trs. v. Sinclair, 1864, 2 Macp. 884, Seath & Co. v. Moore, 1886, 11 App. Ca. 350, Sheldon v. Cox, 1824, 3 B. & C. 420, Simpson v. Duncanson's Crs, 1786, Mor. 14 204, Stewart v. Kennedy, 1890, 15 App. Ca. 75, 108, Todd v. Armour, 1882, 9 R. 901, Turley v. Bates, 1863, 2 H. & C. 200, Turnbull, 1874, 1 R. 730, Vickers v. Vickers, 1867, L. R. 4 Eq. 529, Walker, 1873, 11 Macp. 906, Watt v. Findlay, 1846, 8 D. 529, PAGE 47 33 71 33, 142 21 33 37 52 107 27 65 79 18 11 80 45 |