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GOODS ACT 1958 - SECT 68 Further provisions with respect to mercantile agents

GOODS ACT 1958 - SECT 68

Further provisions with respect to mercantile agents

For the purposes of this Part—

        (a)     a mercantile agent in possession of goods or of the documents of title to goods shall be deemed to have been entrusted with such goods or documents as such agent until the contrary is shown;

        (b)     a mercantile agent entrusted as such agent and possessed of the documents of title to goods whether derived immediately from the owner of such goods or obtained by reason of such agent's having been entrusted with the possession of the goods or of any other document of title thereto shall be deemed to be entrusted with the possession of the goods represented by such documents;

        (c)     an agent shall be deemed to be possessed of goods or documents of title to goods whether the same are in his actual custody or control or are held by any other person subject to his control or for him or on his behalf;

        (d)     any contract whether made directly with an agent or with any clerk or other person on his behalf shall be deemed to be a contract with the agent;

        (e)     a pledge of the documents of title to goods shall be deemed to be a pledge of the goods represented by such documents;

        (f)     where any loan or advance is bona fide made to a mercantile agent entrusted as aforesaid on the faith of any contract or agreement in writing to consign deposit transfer or deliver goods or documents of title to goods and such goods or documents are actually received by the person making such loan or advance without notice that such agent was not authorized to make such pledge every such loan or advance shall be deemed to be a loan or advance on the security of such goods or documents within the meaning of this Part although such goods or documents are not actually received by the person making such loan or advance till a period subsequent thereto;

        (g)     the transfer of a document of title to goods may be made by indorsement or where the document is by custom or by its express terms transferable by delivery or makes the goods deliverable to bearer then by delivery.

No. 3694 s. 67.