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the sale shall have become binding), either open the biddings, holding such bidder bound by his bidding, or discharge him from being the purchaser, and order the land to be resold upon such terms as to costs or otherwise as the Court or judge shall think fit.

8. Except as aforesaid, nothing in this Act contained shall Court of affect any sale of land made under or by virtue of any order of Chancery, &c. the High Court of Chancery in England, of the High Court of in other Chancery in Ireland, or of the Landed Estates Court there, or of respects excepted from the Court of Chancery in the County Palatine of Lancaster, or of operation any County or other Court having jurisdiction in equity.

9. This Act shall not extend to Scotland.

of Act.

Not to extend to Scotland.

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An Act to amend and consolidate the Factors Acts.

Be it enacted, &c.

Preliminary.

1. For the purposes of this Act

(1.) The expression "mercantile agent" shall mean a mer- Definitions. cantile agent having in the customary course of his business as such agent authority either to sell goods, or to consign goods for the purpose of sale, or to buy goods, or to raise money on the security of goods: (2.) A person shall be deemed to be in possession of goods or of the documents of title to goods, where the goods or documents are in his actual custody or are held by any other person subject to his control or for him or on his behalf:

(3.) The expression "goods" shall include wares and mer-
chandise:

(4.) The expression "document of title" shall include any
bill of lading, dock warrant, warehouse-keeper's certi-
ficate, and warrant or order for the delivery of goods,
and any other document used in the ordinary course of
business as proof of the possession or control of goods,
or authorising or purporting to authorise, either by
endorsement or by delivery, the possessor of the docu-
ment to transfer or receive goods thereby represented:
(5.) The expression "pledge" shall include any contract
pledging, or giving a lien or security on, goods,
whether in consideration of an original advance or of
any further or continuing advance or of any pecuniary
liability:

(6.) The expression "person" shall include any body of
persons corporate or unincorporate.

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Dispositions by Mercantile Agents.

2.-(1.) Where a mercantile agent is, with the consent of the owner, in possession of goods or of the documents of title to goods, any sale, pledge, or other disposition of the goods, made by him when acting in the ordinary course of business of a mercantile agent, shall, subject to the provisions of this Act, be as valid as if he were expressly authorised by the owner of the goods to make the same; provided that the person taking under the disposition acts in good faith, and has not at the time of the disposition notice that the person making the disposition has not authority to make the same.

(2.) Where a mercantile agent has, with the consent of the owner, been in possession of goods or of the documents of title to goods, any sale, pledge, or other disposition, which would have been valid if the consent had continued, shall be valid notwithstanding the determination of the consent: provided that the person taking under the disposition has not at the time thereof notice that the consent has been determined.

(3.) Where a mercantile agent has obtained possession of any documents of title to goods by reason of his being or having been, with the consent of the owner, in possession of the goods represented thereby, or of any other documents of title to the goods, his possession of the first-mentioned documents shall, for the purposes of this Act, be deemed to be with the consent of the owner.

(4.) For the purposes of this Act the consent of the owner shall be presumed in the absence of evidence to the contrary.

3. A pledge of the documents of title to goods shall be deemed to be a pledge of the goods.

4. Where a mercantile agent pledges goods as security for a debt or liability due from the pledgor to the pledgee before the time of the pledge, the pledgee shall acquire no further right to the goods than could have been enforced by the pledgor at the time of the pledge.

5. The consideration necessary for the validity of a sale, pledge, or other disposition, of goods, in pursuance of this Act, may be either a payment in cash, or the delivery or transfer of other goods, or of a document of title to goods, or of a negotiable security, or any other valuable 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, documents, or security when so delivered or transferred in exchange.

6. For the purposes of this Act an agreement made with a mercantile agent through a clerk or other person authorised 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.

7.-(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
such lien to another person.
transfer
may
any
(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 the delivery or transfer by that person, or by a mercantile agent remaining in acting for him, of the goods or documents of title under any sale, possession. 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.

possession.

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

vendor's lien

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 that person transfers the document to a person who takes the documents on document in good faith and for valuable consideration, the lastmentioned transfer shall have the same effect for defeating any stoppage in vendor's lien or right of stoppage in transitu as the transfer of a transitu. bill of lading has for defeating the right of stoppage in transitu.

Supplemental.

or right of

11. For the purposes of this Act, the transfer of a document Mode of may be by endorsement, or, where the document is by custom transferring or by its express terms transferable by delivery, or makes the documents. goods deliverable to the bearer, then by delivery.

12.-(1.) Nothing in this Act shall authorize 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.

Saving for rights of

true owner.

Saving for common law powers of agent.

Repeal.

Commencement.

Extent of Act.

Short title.

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.

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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4 Geo. 4, c. 83.... An Act for the better protection of the The whole Act.
property of merchants and others who
may hereafter enter into contracts or
agreements in relation to goods, wares,
or merchandises entrusted to factors
or agents.

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

the better protection of the property
of merchants and others who may
hereafter enter into contracts or agree-
ments in relation to goods, wares, or
merchandise entrusted to factors or
agents.

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

advances bonâ fide made to agents

entrusted with goods.

40 & 41 Vict. c. 39. An Act to amend the Factors Acts.

The whole Act.

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An Act to consolidate the enactments granting and relating to the
Stamp Duties upon Instruments, and certain other enactments
relating to Stamp Duties.
[21st July, 1891.]

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22. The duty of sixpence upon an agreement may be denoted Duty may be by an adhesive stamp, which is to be cancelled by the person by denoted by whom the agreement is first executed.

Bills of Lading.

adhesive
stamp.

40.-(1.) A bill of lading is not to be stamped after the execu- Bills of tion thereof.

(2.) Every person who makes or executes any bill of lading not duly stamped shall incur a fine of fifty pounds.

Delivery Orders.

lading.

69.-(1.) For the purposes of this Act the expression "delivery Provisions as order" means any document or writing entitling, or intended to to duty on deentitle, any person therein named, or his assigns, or the holder livery order. thereof, to the delivery of any goods, wares, or merchandise of the value of forty shillings or upwards lying in any dock or port, or in any warehouse in which goods are stored or deposited on rent or hire, or upon any wharf, such document or writing being signed by or on behalf of the owner of such goods, wares, or merchandise, upon the sale or transfer of the property therein. (2.) A delivery order is to be deemed to have been given upon a sale of, or transfer of the property in, goods, wares, or merchandise of the value of forty shillings or upwards, unless the contrary is expressly stated therein.

(3.) The duty upon a delivery order may be denoted by an adhesive stamp, which is to be cancelled by the person by whom the instrument is made, executed, or issued.

70.—(1.) If any person

untrue order.

Penalty for (a) Untruly states, or knowingly allows to be untruly stated, use of unin a delivery order, either that the transaction to which stamped or it relates is not a sale or transfer of property, or that the goods, wares, or merchandise to which it relates are not of the value of forty shillings; or

(b) Makes, signs, or issues any delivery order chargeable with duty, but not being duly stamped; or

(c) Knowingly, either himself, or by his servant or any other person, delivers, or procures, or authorises the delivery of, any goods, wares, or merchandise mentioned in any delivery order which is not duly stamped, or which contains to his knowledge any false statement with reference either to the nature of the transaction,

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