1912_SALE_OF_GOODS_ORDINANCE__1896 — Page 10

730

No. 4 of 1896.

SALE OF GOODS.

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 the owner.

(3) In this section the term mercantile agent "has the same No. 3 of 1896. meaning as in the Factors Ordinance, 1896.

Effect of writ of execution.

*

Duties of seller and buyer.

Payment and delivery are concurrent conditions.

**

Rules as to delivery.

26.-(1) A writ of fieri facias or other writ of execution against goods shall bind the property in the goods of the execution debtor as from the time when the writ is delivered to the bailiff to be executed; and, for the better manifestation of such time, it shall be the duty of the bailiff, without fee, upon the receipt of any such writ to endorse upon the back thereof the hour, day, month, and year when he received the same: Provided that no such writ shall prejudice the title to such goods acquired by any person in good faith and for valuable consideration, 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.

C

dej the

pla

and

sal

the

plac

(

the

sell

(i

thir

sucł

on

they

good

unle

ques

(5 putt:

the s

includes any officer

30

less

the t

the

(2) In this section the term bailiff charged with the enforcement of a writ of execution.

PART III.

PERFORMANCE OF THE CONTRACT.

27. It is the duty of the seller to deliver the goods, and of the buyer to accept and pay for them, in accordance with the terms of the contract of sale.

28. Unless otherwise agreed, delivery of the goods and payment of the price are concurrent conditions, that is to say, the seller must be ready and willing to give possession of the goods to the buyer in exchange for the price, and the buyer must be ready and willing to pay the price in exchange for possession of the goods.

29.-(1) Whether it is for the buyer to take possession of the goods or for the seller to send them to the buyer is a question

*See note to section 1,

(2)

large

inclu

whole

must

(3)

to sel

the c

ance

the w

(4)

trade,

Page 10

Page 11