No. 4 of 1896.
SALE OF GOODS.
Sale by person not owner.
Ordinance No. 3 of 1896.
Market overt.
Sale under voidable title.
Re-vesting of property in stolen goods on conviction of offender. [cf. No. 16 of 1930, s. 28(3) & No. 32 of 1935, s. 66.]
Transfer of title.
21.—(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-
(a) the provisions of the Factors Ordinance, 1896, 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.
22. (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, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of any defect or want of title on the part of the seller.
(2) Nothing in this section shall affect the law relating to the sale of horses.
23. When the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller's defect of title.
24.—(1) Where goods have been stolen and the offender is prosecuted to conviction, the property in the goods so stolen re-vests in the person who was the owner of the goods or his personal representative, notwithstanding any intermediate dealing with them, whether by sale in accordance with the provisions of section 22 or otherwise.
(2) Notwithstanding any enactment to the contrary, where goods have been obtained by fraud or other wrongful means not amounting to larceny, the property in such goods shall not re-vest in the person who was the owner of the goods, or his personal representative.
İNTERİMELERİNİSHEREMETE SETURSUNTRYTKA KOUSEN AT Paredes, takes haftalik. 1 MODERN LA MELA
388
No. 4 of 1896.
SALE OF GOODS.
Sale by person not owner.
Ordinance No. 3 of 1896.
Market overt.
Sale under voidable title.
Re-vesting of property in stolen goods on conviction of offender. [cf. No. 16 of 1930, s. 28 (3) & No. 32 of 1935, 8. 66.]
Transfer of title.
21.—(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-
(a) the provisions of the Factors Ordinance, 1896, 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.
22. (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, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of any defect or want of title on the part of the seller.
(2) Nothing in this section shall affect the law relating to the sale of horses.
23. When the seller of goods has a voidable title thereto, but his title has not been avoided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller's defect of title.
24.—(1) Where goods have been stolen and the offender is prosecuted to conviction, the property in the goods so stolen re-vests in the person who was the owner of the goods or his personal representative, notwithstanding any intermediate deal- ing with them, whether by sale in accordance with the provisions of section 22 or otherwise.
(2) Notwithstanding any enactment to the contrary, where goods have been obtained by fraud or other wrongful means not amounting to larceny, the property in such goods shall not re-vest in the person who was the owner of the goods, or his
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