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PART VI.

SUPPLEMENTARY. LVI. Contract of exchange of goods.-(1.) Where the consideration for the transfer of the property in goods from one person to another consists of other goods, the contract is called a contract of exchange of goods.

(2.) Except as otherwise provided by this Act, the provisions of this Act relating to contracts of sale, apply, with any necessary modifications, toscontracts of exchange of goods.

LVII. Rights and duties under Act enforceable by action.— Where any right, duty, or liability is declared by this Act, it may, unless otherwise by this Act provided, be enforced by action.

LVIII. Auction sales.—In the case of a sale by auction(1.) Where goods are put up for sale by auction in lots, each lot is

primâ facie deemed to be the subject of a separate contract of

sale : (2.) A sale by auction is complete when the auctioneer announces its

completion by the fall of the hammer, or in other customary
manner. Until such announcement is made

any
bidder

may retract his bid : (3.) When a sale by auction is not notified to be subject to a reserved

price, or right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such person : Any sale contravening

this rule may be treated as fraudulent by the buyer:1 (4.) A sale by auction may be notified to be subject to a reserved

price, and a right to bid may also be reserved expressly by or

on behalf of the seller.2 When a right to bid is expressly reserved, but not otherwise, the seller, or any one person on his behalf, may bid at the auction in such manner as he may think proper.

LIX. Sale of horses. With respect to contracts for the sale of horses, the rules in the First Schedule to this Act shall be observed and shall have effect as being enacted by this Act.

LX. Repeals.—The enactments mentioned in the Second Schedule to this Act are hereby repealed as from the commencement of this Act to the extent in that schedule mentioned.

Provided that such repeal shall not affect anything done or suffered, or any right, title, or interest acquired or accrued before the commencement of this Act, or any legal proceeding or remedy in respect of any such thing, right, title, or interest.

LXI. Savings.—(1.) The rules in bankruptcy relating to contracts of sale shall continue to apply thereto, notwithstanding anything in this Act contained.

(2.) The rules of the common law, including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to contracts for the sale of goods. (3.) Nothing in this Act or in any repeal effected thereby shall affect 1 Cf. 30 & 31 Vict. c. 48, s. 5.

2 Cf. 30 & 31 Vict. c. 48, s. 6.

the enactments relating to bills of sale, or any enactment relating to the sale of goods which is not expressly repealed by this Act.

LXII. Interpretation of terms.—(1.) In this Act, unless the context or subject matter otherwise requires

• Action’includes counterclaim and set off.

Buyer' means a person who buys or agrees to buy goods. •Condition' means a condition precedent. • Contract of sale’ includes an agreement to sell as well as a sale. Delivery' means voluntary transfer of possession from one person to

another. A person is 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. ‘Document of title to goods' has the same meaning as it has in the

Factors Acts. * Factors Acts' mean the Factors Act, 1889, and

any enactment amending or substituted for the same. • Fault' means wrongful act or default. • Future goods' mean goods to be manufactured or acquired by the

seller after the making of the contract of sale. ‘Goods' include all chattels personal other than things in action and

money. The term also includes emblements and things attached to or forming part of the land which are agreed to be severed

before sale or under the contract of sale. Property' means the general property in goods, and not merely a

special property. • Quality of goods' includes their state or condition. Sale' includes a bargain and sale, as well as a sale and delivery. Seller' means a person who sells or agrees to sell goods. “Specific goods' mean goods identified and agreed upon at the time

a contract of sale is made. • Undertaking’ includes a condition as well as a warranty. Warranty' means an agreement with reference to goods which are

the subject of a contract of sale, but collateral to the main purpose of such contract, the breach of which gives rise to a claim

for damages, but not to a right to treat the contract as repudiated. (2.) A thing is deemed to be done in 'good faith' within the meaning

of this Act when it is in fact done honestly, whether it be done

negligently or not. (3.) A person is deemed to be insolvent within the meaning of this

Act who either has ceased to pay his debts in the ordinary course of business, or cannot pay his debts as they become due,

whether he has committed an act of bankruptcy or not. (4.) Goods are in a 'deliverable state' within the meaning of this

Act when they are in such a state that the buyer would under

the contract be bound to take delivery of them. LXIII. Commencement.—This Act shall come into operation on the first day of November one thousand eight hundred and ninety-two.

LXIV. Extent.--This Act shall not extend to Scotland or Ireland. LXV, Short title.This Act may be cited as the Sale of Goods Act, 1892.

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SCHEDULES.

FIRST SCHEDULE.

RULES AS TO THE SALE OF HORSES. 1. The sale of any horse, whether in market overt or otherwise, shall be void as against the true owner thereof, unless such sale be made in accordance with the following rules.

2. When a stolen horse has been sold in market overt, and in accordance with these rules, the true owner may recover the same, if he make claim thereto within six months of the theft, on tendering to any person who may have bought it in good faith the price which he gave for the same.2

3. The market authority in every horse fair or market shall cause a special open place to be marked out for the sale of horses. 3

4. There shall be a toll-keeper appointed for such place, who shall take tolls and keep the place from ten before noon until sunset of each market day, and no tolls shall be taken except between the aforesaid hours.

5. No horse shall be sold or otherwise transferred, unless it has been exposed in the place of sale for one hour at least during the hours aforesaid.

6. When the toll is taken the parties to the sale or transfer shall be present before the toll-keeper, and the toll-keeper shall enter in a book, to be kept for that purpose, the names, surnames, and addresses of the parties, together with the colour and one special mark at least of the horse so sold or transferred.

7. The toll-keeper shall not enter the sale or transfer in his book, unless he will take upon himself perfect knowledge of the name, surname, and address of the person selling or transferring the horse, or unless the person so selling or transferring the horse is vouched for by a sufficient and credible person known to the toll-keeper, who is personally acquainted with him, and knows his name, surname, description, and address. In the latter case the toll-keeper shall enter in his book the name, address, and description of the seller or transferrer, and of the person who vouches for him, and also the price, if any, given for the horse.4

8. A note of the entry in the toll-keeper's book shall be given, to the buyer, who shall pay the sum of twopence therefor.

9. Not later than the day after the conclusion of the fair or market the toll-keeper shall deliver his book to the market authority, who shall cause a note to be made of the true number of all horses sold at the said fair or market.5 10. In these rules the term 'horse includes mare, gelding, colt, and 1 31 Eliz. c. 12, s. 2.

2 31 Eliz. c. 12, s. 4. 3 2 & 3 Phil. & Mar, c. 7, ss. 2, 4.

4 31 Eliz, c. 12. 2 & 3 Phil. & Mar. c. 7, s. 3.

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filly; and “toll-keeper' includes deputy toll-keeper, or book-keeper, when by usage no toll is taken.

11. When, according to the usage of the market no toll is taken, the book-keeper shall be entitled to one penny for each sale or transfer entered in his book. 1

SECOND SCHEDULE.

This schedule is to be read as referring to the revised edition of the Statutes prepared under the direction of the Statute Law Committee.

ENACTMENTS REPEALED AS TO ENGLAND.

Session and Chapter.

Title of Act and Extent of Repeal.

2 & 3 Phil. & Mar. c. 7, An Act against the buying of stolen horses.

The whole Act.

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INDEX TO THE LATIN TEXT AND NOTES.

For Arrangement of Clauses in the Sale of Goods Bill,

see pp. 239, 240.

PAGE
127

.

87, 172

Accessio temporis ad usucapionem,
Accessions belong to buyer from completion of sale,

116, 174, 177 sq.
Accessories, error as to,

60
things intended for permanent use on the property are, 184 sq., 186
and belongings of a house,

88, 128, 182 sq., 186, 206, 228
and appurtenances of land, 88, 97, 126, 151, 172-4, 184, 188, 230
standing crops are,
praedial servitudes as,

96
all water-works, and right of aqueduct are, 88, 96, 128, 184, 206
roads, shores, and public places are not,

99
ruta-caesa are not,

114, 186, 206
peculia of slaves are not,

57
acquisitions through slaves after sale are,

176
liability for defects in,

198
effect of eviction from,

162
Accretion after sale,

174
ACTIO EMPTI is bonae fidei,

156
price must be tendered,

172
lies for all non-performance,

142, 156, 166, 198
for non-delivery,

143 sq., 160, 220
for short delivery,

143, 148, 212
for culpa,

24, 176, 206, 230
for dolus,

118, 152, 170, 182, 208, 222, 230
for fructus,

144
for return of arra,

158
alternatively with other actions,

148, 158
to enforce performance of a term in the contract, 88, 121
for reduction of the price,

170
might result in rescission, .

156
propria et hereditaria,

154
where no stipulatio duplae,

160

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