D. 1896.]
SALE OF GOODS.
[No. 4.
173
by the terms of the contract or appropriation, reserve the right of disposal of the goods until certain conditions are fulfilled. In such case, notwithstanding the delivery of the goods to the buyer or to a carrier or other bailee for the purpose of transmission to the buyer, the property in the goods does not pass to the buyer until the conditions imposed by the seller are fulfilled.
(2) Where goods are shipped, and by the bill of lading the goods are deliverable to the order of the seller or his agent, the seller is prima facie deemed to reserve the right of disposal.
(3) Where the seller of goods draws on the buyer for the price, and transmits the bill of exchange and bill of lading to the buyer together to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honour the bill of exchange, and, if he wrongfully retains the bill of lading, the property in the goods does not pass to him.
22. Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the 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 seller or buyer, 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.
Risk prima facie passes with property.
person not owner.
23-(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 had, 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-
No. 3 of 1896.
(a) the provisions of any Acts or Ordinances relating to factors which may from time to time be in force in this Colony, or any enactment enabling the apparent owner of goods to dispose of them as if he were the true owner thereof; or
(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.
24. (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,
D. 1896.]
SALE OF GOODS.
[No. 4.
173
by the terms of the contract or appropriation, reserve the right disposal of the goods until certain conditions are fulfilled. In such se notwithstanding the delivery of the goods to the buyer or to a Karrier or other bailee for the purpose of transmission to the buyer, the operty in the goods does not pass to the buyer until the conditions im- posed by the seller are fulfilled.
(2) Where goods are shipped, and by the bill of lading the goods are deliverable to the order of the seller or his agent, the seller is primâ facie deemed to reserve the right of disposal.
(3.) Where the seller of goods draws on the buyer for the price, and transmits the bill of exchange and bill of lading to the buyer together to secure acceptance or payment of the bill of exchange, the buyer is bound to return the bill of lading if he does not honour the bill of exchange, and, if he wrongfully retains the bill of lading, the property in the goods does not pass to him.
22. Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the 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 seller or buyer, 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 chall affect the duties or liabilities of either seller or buyer as a bailee of the goods of the other party.
Transfer of Title.
Risk prima facie passes with property.
person not
owner.
23-(1.) Subject to the provisions of this Ordinance, where goods are Sale by Cold 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 had, 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-
No. 3 of 1896.
(a) the provisions of any Acts or Ordinances relating to factors See Ordinance
which may from time to time be in force in this Colony, or any enactment enabling the apparent owner of goods to dispose of them as if he were the true owner thereof; or
(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.
24. (1.) Where goods are openly sold in a shop or market in this Market overt. Colony, in the ordinary course of the business of such shop or market,
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