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THE HONGKONG GOVERNMENT GAZETTE, 18TH APRIL, 1896.
Austion sales.
Repeal.
Savinge.
Interpreta- tion of terms,
57. In the case of a sale by auction-
(1) Where goods are put up for sale by auction in lots, cach lot is primâ facie deemed to be the subject of a separate contract of sale:
(2) A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer, or in other customary manner. Until such announcement is made any bidder may retract his bid:
(3) Where a sale by auction is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such person: Any sale contravening this rule may be treated as frau- dulent by the buyer:
(1) A sale by auction may be notified to be subject to a reserved or upset price, and a right to bid may also be reserved expressly by or on behalf of the seller.
Where a right to bid is expressly reserved, but not otherwise, the seller, or any one person on his behalf, may
bid at the auction.
58. The enactments mentioned in the schedule to this Ordinance are hereby repealed (so far as they are applic- able to this Colony) as from the commencement of this Ordinance to the extent in that schedule mentioned.
Provided that such repeal shall not affect anything done or suffered, or any right, title, or interest acquired or accrued before the commencement of this Ordinance, or any legal proceeding or remedy in respect of any such thing, right, title, or interest.
59. (1) The rules in bankruptcy relating to con- tracts of sale shall continue to apply thereto, notwith- standing anything in this Ordinance contained.
(2) The rules of the common law, including the law merchant, save in so far as they are inconsistent with the express provisions of this Ordinance, and in particular the rules relating to the law of principal and agent and the effect of fraud, misrepresentation, duress or coercion, mis- take, or other invalidating cause, shall continue to apply to contracts for the sale of goods.
(3) Nothing in this Ordinance or in any repeal effected thereby shall affect the enactments relating to bills of sale, or any enactment relating to the sale of goods which is not expressly repealed by this Ordinance.
(4) The provisions of this Ordinance relating to con- tracts of sale do not apply to any transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge, or other security.
60. (1) In this Ordinance, unless the context or sub- ject matter otherwise requires,-
"Action" includes suit, counterclaim and set off: "Buyer" means a person who buys or agrees to buy
goods:
"Contract of sale" includes an agreement to sell as
well as a sale:
fi
'Delivery" means voluntary transfer of possession
from one person to another:
·Document of title to goods" shall include any bill of lading, dock warrant, warehouse-keeper's cer- tificate, and warrant or order for the delivery of goods, and any other document used in the ordi- nary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by deli- very, the possessor of the document to transfer or receive goods thereby represented: Fault" means wrongful act or default: "Future goods" mean goods to be manufactured or acquired by the seller after the making of the contract of sale:
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"Goods" include all chattels personal other than things in action and money. The term includes emblements, industrial growing crops, and things attached to or forming part of the land which a agreed to be severed before sale or under the contract of sale:
"Plaintiff includes a defondant counterclaiming.
Property" means the general property in goods, and
not merely a special property: