1901_FACTORS_ORDINANCE__1896 — Page 4

HK Historical Laws 香港歷史法例 All AI Reviewed

1896.]

FACTORS.

[No. 3.

165

of to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.

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 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 disposition thereof, or under any agreement for 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 the owner.

11. Where a document of title to goods has been lawfully transferred to a person as a buyer or owner of the goods, and that person transfers the document to a person who takes the document in good faith and for valuable consideration, the last-mentioned transfer shall have the same effect 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 Provisions.

12. For the purposes of this Ordinance, the transfer of a document of title may be by indorsement, or, where the document is by custom or by its express terms transferable by delivery or makes the goods deliverable to the bearer, then by delivery.

13.(1) Nothing in this Ordinance shall authorize 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 bankruptcy 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 documents of title thereto, or any of them, by way of lien against the owner, or from recovering from any person with whom the goods have been pledged any balance of money remaining in his hands.

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1896.] FACTORS. [No. 3. 165 of to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same. 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 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 disposition thereof, or under any agreement for 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 the owner. 11. Where a document of title to goods has been lawfully transferred to a person as a buyer or owner of the goods, and that person transfers the document to a person who takes the document in good faith and for valuable consideration, the last-mentioned transfer shall have the same effect 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 Provisions. 12. For the purposes of this Ordinance, the transfer of a document of title may be by indorsement, or, where the document is by custom or by its express terms transferable by delivery or makes the goods deliverable to the bearer, then by delivery. 13.(1) Nothing in this Ordinance shall authorize 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 bankruptcy 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 documents of title thereto, or any of them, by way of lien against the owner, or from recovering from any person with whom the goods have been pledged any balance of money remaining in his hands.
Baseline (Original)
1896.] FACTORS. [No. 3. 165 of to any person receiving the same in good faith and without of the previous sale, shall have the same effect as if the person ing the delivery or transfer were expressly authorized by the owner he goods to make the same. Where a person, having bought or agreed to buy goods, obtains, Disposition the consent of the seller, possession of the goods or the documents by buyer obtaining itle to the goods, the delivery or transfer, by that person or by a possession. antile agent acting for him, of the goods or documents of title, der any sale, pledge, or other disposition thereof, or under any agree- nt for sale, pledge, or other disposition thereof, to any person receiving game in good faith and without notice of any lien or other right of original seller in respect of the goods, shall have the same effect as the person making the delivery or transfer were a mercantile agent in session of the goods or documents of title with the consent of the ner: transfer of title on document of 11 Where a document of title to goods has been lawfully transferred Effect of a person as a buyer or owner of the goods, and that person transfers The document to a person who takes the document in good faith and for valuable consideration, the last-mentioned transfer shall have the same fect 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 ansitu. Supplemental Provisions. vendor's lien or right of stoppage in transitu. document. 12. For the purposes of this Ordinance, the transfer of a document Mode of may be by indorsement, or, where the document is by custom or by its transferring press terms transferable by delivery or makes the goods deliverable to the bearer, then by delivery. rights of true owner. 13(1.) Nothing in this Ordinance shall authorize an agent to exceed Saving for depart from his authority as between himself and his principal, or ompt him from any liability, civil or criminal, for so doing. (2) Nothing in this Ordinance shall prevent the owner of goods from Covering the goods from an agent or his trustee in bankruptcy at any me before the sale or pledge thereof, or shall prevent the owner of goods ledged by an agent from having the right to redeem the goods at any me before the sale thereof, on satisfying the claim for which the goods ere pledged, and paying to the agent, if by him required, any money respect of which the agent would by law be entitled to retain the oods or the documents of title thereto, or any of them, by way of lien against the owner, or from recovering from any person with whom the da have been pledged any balance of money remaining in his hands {
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1896.]

FACTORS.

[No. 3.

165

of to any person receiving the same in good faith and without of the previous sale, shall have the same effect as if the person ing the delivery or transfer were expressly authorized by the owner he goods to make the same.

Where a person, having bought or agreed to buy goods, obtains, Disposition the consent of the seller, possession of the goods or the documents by buyer obtaining itle to the goods, the delivery or transfer, by that person or by a possession.

antile agent acting for him, of the goods or documents of title, der any sale, pledge, or other disposition thereof, or under any agree- nt for sale, pledge, or other disposition thereof, to any person receiving game in good faith and without notice of any lien or other right of original seller in respect of the goods, shall have the same effect as the person making the delivery or transfer were a mercantile agent in session of the goods or documents of title with the consent of the

ner:

transfer of title on

document of

11 Where a document of title to goods has been lawfully transferred Effect of a person as a buyer or owner of the goods, and that person transfers The document to a person who takes the document in good faith and for valuable consideration, the last-mentioned transfer shall have the same fect 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

ansitu.

Supplemental Provisions.

vendor's lien

or right of stoppage in

transitu.

document.

12. For the purposes of this Ordinance, the transfer of a document Mode of may be by indorsement, or, where the document is by custom or by its transferring

press terms transferable by delivery or makes the goods deliverable to the bearer, then by delivery.

rights of true

owner.

13(1.) Nothing in this Ordinance shall authorize an agent to exceed Saving for

depart from his authority as between himself and his principal, or ompt him from any liability, civil or criminal, for so doing. (2) Nothing in this Ordinance shall prevent the owner of goods from Covering the goods from an agent or his trustee in bankruptcy at any me before the sale or pledge thereof, or shall prevent the owner of goods ledged by an agent from having the right to redeem the goods at any me before the sale thereof, on satisfying the claim for which the goods ere pledged, and paying to the agent, if by him required, any money respect of which the agent would by law be entitled to retain the oods or the documents of title thereto, or any of them, by way of lien against the owner, or from recovering from any person with whom the da have been pledged any balance of money remaining in his hands

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