1964_DISPOSAL_OF_UNCOLLECTED_GOODS_ORDINANCE — Page 5

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CAP. 294]

Disposal of Uncollected Goods

[1984 Ed.

(Cap. 1.)

Procedure after sale.

1952 c. 43, s. 3.

Supplemental provisions. 1952 c. 43, s. 4.

(5) For the purposes of this section, and of section 8 of the Interpretation and General Clauses Ordinance, in its application to this section, the proper address of a person to whom a notice falling within the provisions of subsection (3) or (4) is required or authorized to be given shall, in the case of the secretary or clerk of a corporation, be that of the registered or principal office of the corporation, and, in any other case, be the last known address of the person to whom the notice is to be given.

4. (1) Where goods are sold by virtue of the provisions of this Ordinance, any amount by which the gross proceeds of the sale exceed the charges of the bailee in relation to the goods shall be recoverable by the bailor from the bailee and any amount by which the said charges exceed the gross proceeds of the sale shall be recoverable by the bailee from the bailor.

(2) Where goods are so sold, the bailee shall, before the expiration of the period of 7 days beginning with the date of the sale of the goods, prepare a record in relation to the goods containing the following particulars, that is to say—

(a) a sufficient description of the goods;

(b) the method, date and place of the sale;

(c) where the goods are sold by public auction, the name and principal place of business of the auctioneer, and where they are sold otherwise than by public auction and the gross proceeds of the sale thereof are not less than $20, the name and address of the buyer;

(d) the amount of the gross proceeds of the sale; and

(e) a statement of each item of the charges of the bailee in relation to the goods and the transaction to which each item relates,

and shall, during the period of 6 years beginning with the date on which the record is prepared, keep the record together with a copy of the notice of the bailee's intention to sell the goods and the certificate of posting of the letter in which the notice was sent, and shall at any reasonable time during the said period of 6 years, if so requested by or on behalf of the bailor, produce the record, copy and certificate, or any of them, for inspection by the bailor or a person nominated in that behalf by him.

(3) A person who fails to comply with the provisions of subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine of $1,000 and to imprisonment for 3 months. (Amended, 21 of 1970, s. 35)

5.

(1) References in this Ordinance to goods accepted by a bailee in the course of a business for repair or other treatment shall, in relation to goods of any class, be construed as references to goods of that class accepted by him for repair or other treatment in the

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