824

Ch. 31. No. 9.] Sale of Goods.

 

Revesting of
property in
stolen goods
on convic-
tion of
offender,

Seller or
buyer in

after sale.

Effect of
writs of
execution,

25. (1) Where gocds have been stolen and the offender is
prosecuted to conviction, the property in the goods so stolen
revests in the person who was the owner of the goods, or his
personal representative, notwithstanding any intermediate
dealing with them, whether by sale or otherwise.

(2) Notwithstanding any enactment to the contrary,
where goods have been obtained by fraud or other wrongful
means not amounting to larceny, the property in such goods
shall not revest in the person who was the owncr of the
goods, or his personal representative, by reason only of the
conviction of the offender.

26. (1) 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,
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.

(2) Where a person having bought or agreed to buy
goods obtains, with the consent 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, to any person recciving
the same in good faith and without notice of any licen 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.

(3) In this section the term ‘“ 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 purposes of sale, or to buy goods,
or to raise money on the security of goods.

27. (1) A writ of fiert facias or other writ of execution
against goods shall bind the property in the goods of the
execution debtor as from the time when the writ is delivered