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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.

Dispositions by Sellers and Buyers of Goods. 8. Where a person, having sold goods, continues, or is, in Disposition possession of the goods or of the documents of title to the goods, by seller

remaining in the delivery or transfer by that person, or by a mercantile possession. 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 authorised by the owner of the goods to make the same.

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

by buyer

obtaining posthe documents of title to the goods, the delivery or transfer, by session. 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 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.

10. Where a document of title to goods has been lawfully Effect of transferred to a person as a buyer or owner of the goods, and transfer of

documents on that person transfers the document to a person who takes the vendor's lien document in good faith and for valuable consideration, the or right of last-mentioned transfer shall have the same effect for defeating transitu.

stoppage in 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.

Saving for rights of true owner,

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Supplemental.
11. For the purposes of this Act, the transfer of a document
may be by endorsement, 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.

12.-(1.) Nothing iu this Act shall authorise an agent to
exceed or depart from his authority as between himself and his
principal, or exempt him from any liability, civil or criminal,
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 the 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. Repeal.

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

14. The enactments mentioned in the schedule to this Act are hereby repealed as from the commencement of this Act, but this repeal shall not affect any right acquired or liability incurred before the commencement of this Act under any enactment hereby repealed.

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

16. This Act shall not extend to Scotland.
17. This Act may be cited as the Factors Act, 1889.

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Commencement.

Extent of
Act.
Short title.

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4 Geo. 4, c. 83. An Act for the better protection of The whole Act.

the property of merchants and
others who may hereafter enter
into contracts or agreements in
relation to goods, wares, or mer-
chandises entrusted to factors or

agents.
6 Geo. 4, c. 94 : An Act to alter and amend an Act The whole Act.

for the better protection of the
property of merchants and others
who may hereafter enter into
contracts or agreements in rela-
tion to goods, wares, or merchan-
dise entrusted to factors or

agents.
5 & 6 Vict. c. 39. An Act to amend the law relating The whole Act.

to advances bonâ fide made to

agents entrusted with goods. 40 & 41 Vict. c. 39 An Act to amend the Factors Acts The whole Act.

INDEX.

ACCEPTANCE, neglecting or refusing, buyer's liability for, 97

none till buyer has had opportunity of examination, 94
when deemed to have taken place, 95

within Statute of Frauds, 17
ACT, by buyer, when an acceptance, 35
ACTION, definition of, 147
for breach of warranty, 138, etc.

interest, 141
non-acceptance, 127, etc.
non-delivery, 129, etc.
price of goods, 125

special damage, 141
rights enforceable by, 142
ACTUAL Receipt, what constitutes, 18
AGENT, lien of, 104

master of ship chartered by buyer, when an, 115
AGREEMENT to Sell, definition of, 12

at a valuation, 27
present sale of future goods operates as an, 22

when it becomes a sale, 12
APPARENT Owner, may sell, 70
APPROPRIATION to the Contract, effect of, 60

by delivery to carrier, 62

ASCERTAINMENT of Goods, necessary for property to pass, 52

ASSENT, mental, 16

ATTACHMENT, in Scotland by seller, 103
ATTORNMENT, by carrier to buyer terminates transit, 110
AUCTION Sales, provisions as to, 143–145

seller bidding at, 143, 144

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