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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
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,
12.-(1.) Nothing iu this Act shall authorise an agent to
(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
Saving for common law powers of agent. Repeal.
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
16. This Act shall not extend to Scotland.
4 Geo. 4, c. 83. An Act for the better protection of The whole Act.
the property of merchants and
for the better protection of the
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.
ACCEPTANCE, neglecting or refusing, buyer's liability for, 97
none till buyer has had opportunity of examination, 94
within Statute of Frauds, 17
special damage, 141
master of ship chartered by buyer, when an, 115
at a valuation, 27
when it becomes a sale, 12
by delivery to carrier, 62
ASCERTAINMENT of Goods, necessary for property to pass, 52
ASSENT, mental, 16
ATTACHMENT, in Scotland by seller, 103
seller bidding at, 143, 144