F
THE HONGKONG GOVERNMENT GAZETTE, 15TH FEBRURAY, 1896.
for defeating any vendor's lien or right of stoppage in transitu as the transfer of a bill of lading has for defeating the right of stoppage in transitu.
Supplemental.
11. For the purposes of this Ordinance, the transfer of a document may be by endorsement, or, where the document is by custom or by its express terms transferable by delivery, or inakes the goods deliverable to the bearer, then by delivery.
12. (1) Nothing in this Ordinance shall authorise an agent to exceed or depart from his authority as between himself and his principal, or exempt him from any liability, civil or criminal, for so doing.
(2) Nothing in this Ordinance shall prevent the owner of goods from recovering the goods from an agent or his trustee in bankruptey at any time before the sale or pledge thereof, or shall prevent the owner of goods pledged by an agent from having the right to redeem the goods at any time before the sale thereof, on satisfying the claim for which the goods were pledged, and paying to the agent, if by him required, any money in respect of which the agent would by law be entitled to retain the goods or the docu- ments of title thereto, or any of them, by way of lien as against the owner, or from recovering from any person with whom the goods have been pledged any balance of money remaining in his hands as the produce of the sale of the goods after deducting the amount of his lien.
(3) Nothing in this Ordinance shall prevent the owner of goods sold by an agent from recovering from the buyer the price agreed to be paid for the same, or any part of that price, subject to any right of set off on the part of the buyer against the agent.
13. The provisions of this Ordinance shall be construed in amplification and not in derogation of the powers exer- ciseable by an agent independently of this Ordinance.
14. The enactments mentioned in the schedule to this Ordinance are hereby repealed as from the commencement of this Ordinance, but this repeal shall not affect any right acquired or liability incurred before the commencement of this Ordinance under any enactment hereby repealed.
15. This Ordinance shall commence and come into opera- tion on the day of
one thousand eight hundred
and ninety-six.
16. This Ordinance may be cited as The Factors Ordi- nance, 1896.
SCHEDULE.
ENACTMENTS REPEALED.
Mode of transferring documents.
Saving for rights of true owner.
Saving for common law powers of agent.
Repeal.
CommenceTM ment.
Short title.
Session and Chapter.
Title.
Section 14.
Extent of Repeal.
4 Geo. 4. c. 83.
6 Geo. 4. c. 94.
5 & 6 Vict. c. 39.....
An Act for the better pro- | The whole Act.
tection of the property of merchants and others who may hereafter enter into contracts or agreements in relation to goods, wares. or merchandises entrusted to factors or agents.
An Act to alter and amend The whole Act.
an Act for the better pro- tection of the property of merchants and others who may hereafter enter into contracts or agreements in relation to goods, wares, or merchandise entrusted to factors or agents.
An Act to amend the law The whole Act.
relating to advances bonâ
fide made to agents entrns-
ted with goods.
Reasons and Objects.
The object of this Ordinance is to bring into force, in this Colony, the provisions of the Factors Act 1889, which embodies the law of England in relation to this subject. At present, some of the Acts repealed in England are still in force in Hongkong. It is desirable that one Ordinance should deal completely with this matter.
HENRY E. POLLOCK,
Acting Attorney General.
85
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