1950_FACTORS_ORDINANCE — Page 3

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 48]

[s. 6 cont.]

Agreement through clerk, etc.

Provisions

as to con-signor and consignee.

Disposition by seller re-maining in possession.

Disposition by buyer obtaining possession.

Factors.

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 exchanged.

transferred in [5

7. For the purposes of this Ordinance, an agreement made with a mercantile agent through a clerk or other person authorized 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.

[6

8. (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 as if such person were the owner of the goods, and may transfer any such lien to another person.

(2) Nothing in this section shall limit or affect the validity of any sale, pledge, or disposition by a mercantile agent.

9. Dispositions by sellers and buyers of goods.

[7

Where a person, having sold goods, continues, or is, in possession of the goods or of 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, or under any agreement for sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.

[8

10. Where a person, having bought or agreed to buy goods, obtains, with the consent of the seller, possession of

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CAP. 48] [s. 6 cont.] Agreement through clerk, etc. Provisions as to con-signor and consignee. Disposition by seller re-maining in possession. Disposition by buyer obtaining possession. Factors. 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 exchanged. transferred in [5 7. For the purposes of this Ordinance, an agreement made with a mercantile agent through a clerk or other person authorized 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. [6 8. (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 as if such person were the owner of the goods, and may transfer any such lien to another person. (2) Nothing in this section shall limit or affect the validity of any sale, pledge, or disposition by a mercantile agent. 9. Dispositions by sellers and buyers of goods. [7 Where a person, having sold goods, continues, or is, in possession of the goods or of 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, or under any agreement for sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same. [8 10. Where a person, having bought or agreed to buy goods, obtains, with the consent of the seller, possession of Page 376 The text has been proofread according to the given instructions. The corrections made include fixing spacing issues, correcting spelling errors, and maintaining the original word count and order. The output is formatted in HTML using `` for paragraphs.
Baseline (Original)
CAP. 48] [s. 6 cont.] Agreement through clerk, etc. Provisions as to con- signor and consignee. Disposition by seller re- maining in possession. Disposition by buyer obtaining possession. Factors. 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, docu- ment, or security when so delivered or exchange. transferred in [5 7. For the purposes of this Ordinance, an agreement. made with a mercantile agent through a clerk or other person authorized in the ordinary course of business to make con- tracts of sale or pledge on his behalf shall be deemed to be an agreement with the agent. [6 8. (1) Where the owner of goods has given possession of the goods to another person for the purpose of consign- ment 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 as if such person were the owner of the goods, and may transfer any such lien to another person. (2) Nothing in this section shall limit or affect the validity of any sale, pledge, or disposition by a mercantile agent. 9. Dispositions by sellers and buyers of goods. [7 Where a person, having sold goods, continues, or is, in possession of the goods or of 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 docu- ments of title under any sale, pledge, or other disposition thereof, or under any agreement for sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same. [8 10. Where a person, having bought or agreed to buy goods, obtains, with the consent of the seller, possession of - 376
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CAP. 48]

[s. 6 cont.]

Agreement through clerk, etc.

Provisions

as to con- signor and consignee.

Disposition by seller re- maining in possession.

Disposition by buyer

obtaining possession.

Factors.

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, docu- ment, or security when so delivered or exchange.

transferred in [5

7. For the purposes of this Ordinance, an agreement. made with a mercantile agent through a clerk or other person authorized in the ordinary course of business to make con- tracts of sale or pledge on his behalf shall be deemed to be an agreement with the agent.

[6

8. (1) Where the owner of goods has given possession of the goods to another person for the purpose of consign- ment 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 as if such person were the owner of the goods, and may transfer any such lien to another person.

(2) Nothing in this section shall limit or affect the validity of any sale, pledge, or disposition by a mercantile agent.

9.

Dispositions by sellers and buyers of goods.

[7

Where a person, having sold goods, continues, or is, in possession of the goods or of 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 docu- ments of title under any sale, pledge, or other disposition thereof, or under any agreement for sale, pledge, or other disposition thereof, to any person receiving the same in good faith and without notice of the previous sale, shall have the same effect as if the person making the delivery or transfer were expressly authorized by the owner of the goods to make the same.

[8

10. Where a person, having bought or agreed to buy goods, obtains, with the consent of the seller, possession of

- 376

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