1896.]
SALE OF GOODS.
[No. 4.
;
175
of execution.
28(1) A writ of fieri facias or other writ of execution against Effect of writ
shall bind the property in the goods of the execution debtor as the time when the writ is delivered to the bailiff to be executed for the better manifestation of such time, it shall be the duty of bailiff, without fee, on the receipt of any such writ to indorse on the back thereof the hour, day, month, and year when he received same: Provided that no such writ shall prejudice the title to such
property acquired by any person in good faith and for valuable considera-tion unless such person had, at the time when he acquired his title, notice that such writ, or any other writ by virtue of which the goods of the execution debtor might be seized or attached, had been delivered to and remained unexecuted in the hands of the bailiff.
(2) In this section the term "bailiff" includes any officer charged with the enforcement of a writ of execution.
PART III.
PERFORMANCE OF THE CONTRACT.
29. It is the duty of the seller to deliver the goods, and of the buyer Duties of
to accept and pay for them, in accordance with the terms of the contract buyer.
of sale.
30. Unless otherwise agreed, delivery of the goods and payment of Payment and
the price are concurrent conditions, that is to say, the seller must be delivery are
ready and willing to give possession of the goods to the buyer in conditions.
exchange for the price, and the buyer must be ready and willing to pay the price in exchange for possession of the goods.
31.(1) Whether it is for the buyer to take possession of the goods Rules as to
or for the seller to send them to the buyer is a question depending delivery.
in each case on the contract, express or implied, between the parties. Apart from any such contract, express or implied, the place of delivery is the seller's place of business, if he has one, and, if not, his residence: Provided that, if the contract is for the sale of specific goods, which, to the knowledge of the parties when the contract is made, are in some other place, then that place is the place of delivery.
(2) Where under the contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time.
(3) Where the goods at the time of sale are in the possession of a third person, there is no delivery by the seller to the buyer unless and until such third person acknowledges to the buyer that he holds the goods on his behalf: Provided that nothing in this section shall affect the operation of the issue or transfer of any document of title to goods.
Page 10
Page 11
1896.]
SALE OF GOODS.
[No. 4.
;
175
of execution.
28(1) A writ of fieri facias or other writ of execution against Effect of writ
shall bind the property in the goods of the execution debtor as the time when the writ is delivered to the bailiff to be executed for the better manifestation of such time, it shall be the duty of bailiff, without fee, on the receipt of any such writ to indorse on the back thereof the hour, day, month, and year when he received Game: Provided that no such writ shall prejudice the title to such
pon
acquired by any person in good faith and for valuable considera- unless such person had, at the time when he acquired his title, notice t such writ, or any other writ by virtue of which the goods of the ecution debtor might be seized or attached, had been delivered to and mained unexecuted in the hands of the bailiff.
(2) In this section the term "bailiff" includes any officer charged ith the enforcement of a writ of execution.
PART III.
PERFORMANCE OF THE CONTRACT.
29. It is the duty of the seller to deliver the goods, and of the buyer Duties of to accept and pay for them, in accordance with the terms of the contract buyer.
of sale.
seller and
concurrent
30. Unless otherwise agreed, delivery of the goods and payment of Payment and the price are concurrent conditions, that is to say, the seller must be delivery are ready and willing to give possession of the goods to the buyer in conditions.
change for the price, and the buyer must be ready and willing to pay he price in exchange for possession of the goods.
in
81-(1.) Whether it is for the buyer to take possession of the goods Rules as to
delivery. or for the seller to send them to the buyer is a question depending cach case on the contract, express or implied, between the parties. Apart from any such contract, express or implied, the place of delivery is the seller's place of business, if he has one, and, if not, his residence: Pro- ided that, if the contract is for the sale of specific goods, which, to the knowledge of the parties when the contract is made, are in some other place, then that place is the place of delivery.
(2.) Where under the contract of sale the seller is bound to send the goods to the buyer, but no time for sending them is fixed, the seller is bound to send them within a reasonable time.
(3) Where the goods at the time of sale are in the possession of a third person, there is no delivery by the seller to the buyer unless and until such third person acknowledges to the buyer that he holds the goods on his behalf: Provided that nothing in this section shall affect operation of the issue or transfer of any document of title to goods.
Page 10Page 11
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