No. 3 of 1896.
719
(3) Where a mercantile agent has obtained possession of any documents of title to goods by reason of his being or having been, with the consent of the owner, in possession of the goods represented thereby, or of any other documents of title to the goods, his possession of the first-mentioned documents shall, for the purposes of this Ordinance, be deemed to be with the consent of the owner.
(4) For the purposes of this Ordinance, the consent of the owner shall be presumed in the absence of evidence to the contrary.
3. A pledge of the documents of title to goods shall be deemed to be a pledge of the goods.
4. Where a mercantile agent pledges goods as security for a debt or liability due from the pledgor to the pledgee before the time of the pledge, the pledgee shall acquire no further right to the goods than could have been enforced by the pledgor at the time of the pledge.
5. The consideration necessary for the validity of a sale, pledge, or other disposition of goods, in pursuance of this Ordinance, may be acquired by be either a payment in cash, or the delivery or transfer of other goods or of a document of title to goods, or of a negotiable security, or any other valuable consideration; but where goods are pledged by a mercantile agent in consideration of the delivery or transfer of other goods, or of a document of title to goods, or of a negotiable security, the pledgee shall acquire no right or interest in the goods so pledged in excess of the value of the goods, document, or security when so delivered or transferred in exchange.
6. For the purposes of this Ordinance, an agreement made with a mercantile agent through a clerk or other person authorised in the ordinary course of business to make contracts of sale or pledge on his behalf shall be deemed to be an agreement with the agent.
7.-(1) Where the owner of goods has given possession of the goods to another person for the purpose of consignment or sale, or has shipped the goods in the name of another person, and the consignee of the goods has not had notice that such person is not the owner of the goods, the consignee shall, in respect of advances made to or for the use of such person, have the same lien on the goods.
*See note to section 1.
FACTORS.
No. 3 of 1896.
719
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(3) Where a mercantile agent has obtained possession of any documents of title to goods by reason of his being or having been, with the consent of the owner, in possession of the goods represent- ed thereby, or of any other documents of title to the goods, his possession of the first-mentioned documents shall, for the purposes of this Ordinance, be deemed to be with the consent of the
owner.
(4) For the purposes of this Ordinance, the consent of the owner shall be presumed in the absence of evidence to the contrary.
3. A pledge of the documents of title to goods shall be deemed to Pledge of be a pledge of the goods.
4. Where a mercantile agent pledges goods as security for a debt or liability due from the pledgor to the pledgee before the time of the pledge, the pledgee shall acquire no further right to the goods. than could have been enforced by the pledgor at the time of the pledge.
documents of title.
*
Pledge for debt.
antecedent
*
documents.
*
5. The consideration necessary for the validity of a sale, pledge, Rights or other disposition of goods, in pursuance of this Ordinance, may exchange of acquired by
be either a payment in cash, or the delivery or transfer of other goods or goods, or of a document of title to goods, or of a negotiable security, or any other valuable consideration; but where goods are pledged by a mercantile agent in consideration of the delivery or transfer of other goods, or of a document of title to goods, or of a negotiable security, the pledgee shall acquire no right or interest in the goods so pledged in excess of the value of the goods, document, or security when so delivered or transferred in exchange.
6. For the purposes of this Ordinance, an agreement made with a mercantile agent through a clerk or other person authorised in the ordinary course of business to make contracts of sale or pledge on his behalf shall be deemed to be an agreement with the agent.
Agreement through
clerk, etc.
**
Provisions as to consignor
*
7.-(1) Where the owner of goods has given possession of the goods to another person for the purpose of consignment or sale, or and con- has shipped the goods in the name of another person, and the signee., consignee of the goods has not had notice that such person is not the owner of the goods, the consignee shall, in respect of advances made to or for the use of such person, have the same lien on the
*See note to section 1.
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