§ Lord Denning
asked Her Majesty's Government:
Whether in respect of writs of fieri faciasissued out of the High Court, the provisions of Section 26 of the Sale of Goods Act 1893 are still in force and require the sheriff upon receipt of the writ to endorse on the back the hour, day, month and year when he received the same; and whether his failure to do so should be regarded as a breach of a statutory duty which is not to be excused or, in the alternative, as a non-compliance with the Rules of the Supreme Court to be excused under Order 2, rule 1 of those rules.
§ The Lord Chancellor (Lord Mackay of Clashfern)
The effect of Section 26 of the Sale of Goods Act 1893 is now stated in Section 138 of the Supreme Court Act 1981. It would not be appropriate for Her Majesty's Government to advise on the application or effect of particular legislative provisions, that being a matter for the courts to determine.