ORDINANCE No. 13 of 1864 . 675
Mercantile Law Amendment.
No. 13 of 1864.
An Ordinance to amend the Laws of Trade and Commerce, Title.
[ 13th September, 1864. ]
HEREAS it is expedient that the matters embraced by Ordinance Preamble.
WH
No. 3 of 1857 should be provided for by separate and distinct
Ordinances : Be it
Be enacted by His Excellency the Governor of Hong
it enacted
kong, with the advice of the Legislative Council thereof, as follows :
1. So much of Ordinance No. 3 of 1857 as relates to " The Mercantile Part of Ordi
nance No. 3
of 1857 re
Law Amendment Act , 1856 " ( Imperial ) shall be and the same is hereby
pealed .
repealed , except as to anything done before, or any proceeding pending
at, the time of the passing of this Ordinance.
Protection to
2. No writ of fieri facias or other writ of execution, and no writ persons ac
of attachment against the goods of a debtor, shall prejudice the title to quiring title
to goods
such goods acquired by any person bonâ fide and for a valuable considera before seizure,
&c. under
tion before the actual seizure or attachment thereof by virtue of such writ, writ against
seller.
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.
3. In all actions and suits in either Court of Record in this Colony Specific deliv
ery of goods.
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, ifthey 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 ( ifany ) , the plaintiff would
have sustained if the goods should be delivered under execution , as
hereinafter mentioned , and what damages , if not so delivered ; and there
upon if judgment shall be given for the plaintiff, the Court at its discre
tion , on the application of the plaintiff shall have power to order execu
tion 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