105 Mercantile Agents

• Author: Ralph Hone
• Pages: #3

CHAPTER 105.

MERCANTILE AGENTS.

AN ACT RELATING TO MERCANTILE AGENTS. 7 of 1904.

[2nd May 1904.] 1. This Act may be cited as The Mercantile Short title.

Agents Act.

2. -(1) In this Act, unless the context otherwise Interpretation.

   requires'document of title' includes any bill of lading, dock warrant, warehouse-keeper's certificate 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 authorizing or purporting to authorize, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented;

   'goods' includes wares and merchandise;

   'mercantile agent' means a mercantile 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;

   'pledge' includes 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.

   (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.

   Dispositions by Mercantile Agents.

   Powers of 3.-(1) Where a mercantile agent is, with the conmercantile agent with sent of the owner, in possession of goods or of the respect to documents of title to goods, any sale, pledge or other disposition of goods f 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 authorized 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...