THE HONGKONG GOVERNMENT GAZETTE, 18TH APRIL, 1896.
26. (1) A writ of fieri facias or other writ of execution against goods shall bind the property in the goods of the execution debtor as from the tinie when the writ is deli- vered to the bailiff to be executed; and, for the better manifestation of such time, it shall be the duty of the bailiff, without fee, upon the receipt of any sucli writ to endorse upon the back thereof the hour, day, month, and year when he received the same.
Provided that no such writ shall prejudice the title to such goods acquired by any person in good faith and for valuable consideration, unless such person had at the time when he acquired his title notice that such writ or any other writ by virtue of which the goods of the execution debtor might be seized or attached had been delivered to and remained unexecuted in the hands of the bailiff.
(2) In this section the term bailiff" includes any officer charged with the enforcement of a writ of execution.
PART III.
PERFORMANCE OF THE CONTRACT.
27. It is the duty of the seller to deliver the goods, and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale.
28. Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer must be ready and willing to pay the price in exchange for possession of the goods.
29. (1) Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question depending in each case on the contract, express or implied. between the parties. Apart from any such contract, express or implied, the place of delivery is the seller's place of business, if he have one, and if not, his residence: Provided that, if the contract be for the sale of specific goods, which to the knowledge of the parties when the contract is made are in some other place, then that place is the place of delivery.
(2) Where under the contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time.
(3) Where the goods at the time of sale are in the pos- session of a third person, there is no delivery by seller to buyer unless and until such third person acknowledges to the buyer that he holds the goods on his behalf; provided that nothing in this section shall affect the operation of the issue or transfer of any document of title to goods,
(4) Demand or tender of delivery may be treated as ineffectual unless made at a reasonable hour, What is a reasonable hour is a question of fact.
(5) Unless otherwise agreed, the expenses of and inciden- tal to putting the goods into a deliverable state must be borne by the seller.
30. (1) Where the seller delivers to the buyer a quan- tity of goods less than he contracted to sell, the buyer may reject them, but if the buyer accepts the goods so delivered he must pay for them at the contract rate.
(2) Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest, or he may reject the whole. If the buyer accepts the whole of the goods,so delivered he must pay for them at
the contract rate.
(3) Where the seller delivers to the buyer the goods he contracted to sell mixed with goods of a different description not included in the contract, the buyer may accept the goods which are in accordance with the contract and reject the rest, or he may reject the whole,
(4) The provisions of this section are subject to any usage of trade, special agreement, or course of dealing between the parties.
31. (1) Unless otherwise agreed, the buyer of goods is not bound to accept delivery thereof by instalments.
(2) Where there is a contract for the sale of goods to be delivered by stated instalments, which are to be separately paid for, and the seller makes defective deliveries in respect of one or more instalments, or the buyer neglects or refuses to take delivery of or pay for one or more instalments, it is a question in each case depending on the
Affret of writs of execution.
Duties of seller and buyer.
Payment mark
di livery are
ComenFren
conditions,
Hules as te delivery.
Delivery of Wrong
quantity.
Instalom de liveries.
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