ORDINANCE No. 13 of 1864.
Mercantile Law Amendment.
No. 13 of 1864.
675
An Ordinance to amend the Laws of Trade and Commerce. [13th September, 1864.]
WE HEREAS it is expedient that the matters embraced by Ordinance No. 3 of 1857 should be provided for by separate and distinct Ordinances: Be it enacted by His Excellency the Governor of Hong-kong, with the advice of the Legislative Council thereof, as follows:-
Title.
Preamble.
Part of Ordinance No.:3
1. So much of Ordinance No. 3 of 1857 as relates to "The Mercantile Law Amendment Act, 1856" (Imperial) shall be and the same is hereby repealed, except as to anything done before, or any proceeding pending at, the time of the passing of this Ordinance.
2. No writ of fieri facias or other writ of execution, and no writ of attachment against the goods of a debtor, shall prejudice the title to such goods acquired by any person bonâ fide and for a valuable consideration before the actual seizure or attachment thereof by virtue of such writ, provided such person had not at the time when he acquired such title, notice that such writ or any other writ by virtue of which the goods of such owner might be seized or attached, had been delivered to and remained unexecuted in the hands of the sheriff.
Protection to persons acquiring title to goods before seizure, &c., under writ against seller.
3. In all actions and suits in either Court of Record in this Colony for breach of contract to deliver specific goods for a price in money on the application of the plaintiff and by leave of the Judge before whom the cause is tried, the jury or (if the case be tried without a jury,) the Judge shall, if they or he find the plaintiff entitled to recover, find by their verdict or his decision, as the case may be, what are the goods in respect of the non-delivery of which the plaintiff is entitled to recover and which remain undelivered; what (if any) is the sum the plaintiff would have been liable to pay for the delivery thereof; what damages (if any), the plaintiff would have sustained if the goods should be delivered under execution, as hereinafter mentioned, and what damages, if not so delivered; and thereupon if judgment shall be given for the plaintiff, the Court at its discretion, on the application of the plaintiff shall have power to order execution to issue for the delivery, on payment of such sum, (if any) as shall have been found to be payable by the plaintiff as aforesaid, of the said goods without giving the defendant the option of retaining the same upon paying the damages assessed; and such writ of execution may be for the delivery of such goods; and if such goods so ordered to be delivered, or