638890-1896-Ordinances-Nos-5-6-7-and-8-of-1896-assented-to- — Page 12

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THE HONGKONG GOVERNMENT GAZETTE, 18TH APRIL, 1896.

Sale by person not the owner.

Market overt.

Sale under voidable title.

Revesting

of property in

tolen goods ou conviction

of offender.

Seller or buyer in possession after sale.

buyer, the goods are at the buyer's risk whether delivery

has been made or not.

Provided that where delivery has been delayed through the fault of either buyer or seller 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.

Transfer of Title.

21. (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 ind, 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 any Acts or Ordinances relating to Factors which inay from time to time be in force in this Colony, or any enactment enabling the apparent owner of goods to dispose of the as if he were the true owner thereof;

(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.

22. (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.

23. 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.

24. (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 of the goods, or his personal representative, notwithstanding any intermediate dealing with them, whether by sale in accord- ance with the provisions of section 22 of this Ordinance or otherwise.

(2) Notwithstanding any enactment to the contrary, where goods have been obtained by fraud or other wrong- ful means not amounting to larceny, the property in such goods shall not revest in the person who was the owner of the goods, or his personal representative, by reason only of the conviction of the offender.

25. (1) Where a person having sold goods continues or is in possession of the goods, or of the documents of title to the goods, the delivery or transfer by that person, or by a mercantile agent acting for him, of the goods or documents of title under any sale, pledge, or other dispo- sition thereof, to any person receiving the same in good faith and without notice of the previous sale shall have the sume effect as if the person making the delivery or transfer were expressly authorised by the owner of the goods to make the same.

(2) Where a person having bought or agreed to buy goods obtains, with the consent of the seller, possession of the goods or the documents of title to the goods, the deli- very or transfer by that person, or by a mercantile agent acting for him, of the goods or documents of title, under any sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of any lien or other right of the original seller in respect of the goods, shall have the same effect as if the person making the delivery or transfer were a mercantile agent in possession of the goods or documents of title with the consent of he owner.

(3) In this section the term "morcantile agent" means a mercantile agent having in the customary course of his business us such agent authority either to sell goods or to cousin goods for the purpose of sale, or to buy goods, or to raise money on the security of goods.