688
Ordinance
No. 4 of 1896.
SALE OF GOODS.
(2) 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, 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, "mercantile agent" has the same meaning as in the Factors Ordinance, 1896.
Effect of writ of execution.
*
Duties of seller and buyer.
Payment and delivery are concurrent conditions.
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 indorse 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.
(2) In this section, "bailiff" includes any officer 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
* As amended by Law Roy. Ord., 1923.
Page 10
Page 11
688
Ordinance
No. 4 of 1896.
SALE OF GOODS.
(2) 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, 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, "mercantile agent 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.
has the same
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 manifesta- tion of such time, it shall be the duty of the bailiff, without fee, upon the receipt of any such writ to indorse upon the back thereof the hour, day, month, and year when he received the same: Provided that no
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.
(2) In this section, "bailiff" includes any officer 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
* As amended by Law Roy. Ord., 1923.
Page 10Page 11
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