CAP. 26]
[s. 22 cont.]
Sale by person not owner.
(Cap. 48.)
Market overt.
Sale under voidable title.
Revesting of property in stolen goods on conviction of offender.
Sale of Goods.
the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault : Provided, also, that nothing in this section shall affect the duties or liabilities of either seller or buyer as a bailee of the goods of the other party.
[20
Transfer of title.
23. (1) Subject to the provisions of this Ordinance, where goods are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell.
(2) Provided, also, that nothing in this Ordinance shall affect--
(a) the provisions of the Factors Ordinance, or any enactment enabling the apparent owner of goods to dispose of them as if he were the true owner thereof; or
(b) the validity of any contract of sale under any special common law or statutory power of sale or under the order of a court of competent jurisdiction.
[21
24. (1) Where goods are openly sold in a shop or market in this Colony, in the ordinary course of the business of such shop or market, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of any defect or want of title on the part of the seller.
(2) Nothing in this section shall affect the law relating to the sale of horses.
[22
25. When the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller's defect of title.
[23
26. (1) Where goods have been stolen and the offender is prosecuted to conviction, the property in the goods so stolen revests in the person who was the owner
M
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