The rights of preference, treated of in § 1671 of this title, shall only be had on the same securities which constituted the guaranty; for which purpose, if said guaranty consisted of instruments payable to bearer, their numbers shall be stated in the instrument constituting the contract, and if it consists of stock or transferable securities, the transfer shall be made to the lender, stating in the instrument besides the circumstances necessary to prove the identity of the guaranty, that the transfer does not include the conveyance of ownership.
History —Commerce Code, 1932, § 239.