CAP. 31 Sale of Goods [Rev. 2009
14
title has not been avoided at the time of the sale, the buyer acquires a
good title to the goods, provided he buys them in good faith and without
notice of the seller’s defect of title.
25. (1) Where goods 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
theft, the property in the goods shall not revest in the person who was
the owner 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 them 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 authorized by
the owner of the goods to make it.
(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
receiving them 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.
(3) In this section, “mercantile agent” means a mercantile agent
having, in the customary course of his business as 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 eri 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 to the sheriff to be executed;
and, for the better record of that time, the sheriff shall, without fee,
upon the receipt of the writ endorse upon the back thereof the hour,
day, month and year when he received it:
title.
Revesting of property
in stolen goods
on conviction of
offender.
Resale of goods in
certain cases.
Effect of writs of
execution.