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Dispositions by Sellers and Buyers of Goods

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DISPOSITIONS BY SELLERS AND BUYERS OF GOODS.

Disposition by Seller Remaining in Possession.

S. 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 dis position 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 authorised by the owner of the goods to make the same.

Disposition by Buyer Obtaining Possession. " 9. Where a person, having bought or agreed to buy goods, obtains with the con sent 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, or under any agreement for sale, pledge, or other dis position 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 posses sion of the goods or documents of title with the consent of the owner.

Effect of Transfer of Documents on Vendor's Lien or Right of Stoppage in transitu.

" 10. Where a document of title to goods has been lawfully transferred to a person as a buyer or owner of the goods, and that person transfers the document to a person who takes the document in good faith and for valuable consideration, the last-men tioned transfer shall have the same effect for defeating any vendor's lien or right of stoppage in transitu as the transfer of a bill of lading has for defeating the right of stoppage in transitu.

Mode of Transferring Documents " 11. For the purposes of this Act, the transfer of a document may be by indorse ment, or, where the document is by custom or by its express terms transferable by delivery, or makes the goods deliverable to the bearer, then by delivery.

Saving for Rights of true Owner.

12. (1) Nothing in this Act shall autho rise an agent to exceed or depart from his authority as between him self and his principal, or exempt him from any liability, civil or c iminal, for so doing.

" (2) Nothing in this Act shall prevent the owner of goods from recovering the goods from an agent or his trustee in bankruptcy at any time before the sale or pledge thereof, or shall prevent the owner of goods pledged by an agent from having the right to redeem the goods at any time before the sale thereof, on satisfying the claim for which the goods were pledged, and paying to the agent, if by him required, any money in respect of which the agent would by law be entitled to retain th.• goods or the documents of title thereto, or any of them, by way of lien as against the owner, or from recovering from any person with whom the goods have been pledged any balance of money remaining in his hands as the produce of the sale of the goods after deducting the amount of his lien.

" (3) Nothing in this Act shall prevent the owner of goods sold by an agent from recovering from the buyer the price agreed to be paid for the same, or any part of that price, subject to any right of set-off on the part of the buyer against the agent.

Saving for Common Law Powers of Agent.

13. The provisions of this Act shall be construed in amplification and not in deroga tion of the powers exercisable by an agent independently of this Act.

Commencement.

" 15. This Act shall commence and come into operation on the first day of January one thousand eight hundred and ninety.

Extent of Act.

" 16. This Act shall not extend to Scot land.

Short Title.

" 17. This Act may be cited as the Factors Act, 1S89." It should be noted that Section 25 of the Sale of Goods Act, 1893, is practically the same as Sections 9 and 10 of the Factors Act.