Factors Acts Amendment Act 1878
1Factors Acts Amendment Act 1878
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CrestWestern Australia
Factors Acts Amendment Act 1878
Western Australia
Factors Acts Amendment Act 1878
Contents
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Factors Acts defined 1
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Amendment of the law with respect to secret revocation of entrustment or agency 1
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With respect to vendors permitted to retain documents of title to goods 2
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With respect to vendees permitted to have possession of documents of title to goods 2
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With respect to transfers of documents of title 3
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Act not to be retrospective 3
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Short title 3
Notes
Compilation table 4
Western Australia
Factors Acts Amendment Act 1878
An Act to amend the Factors Acts
[Assented to, 3rd July, 1878.]
Whereas doubts have arisen with respect to the true meaning of certain provisions of the Factors Acts, and it is expedient to remove such doubts, and otherwise to amend the said Acts, for the better security of persons buying or making advances on goods, or documents of title to goods, in the usual and ordinary course of mercantile business; Be it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: —
1. Factors Acts defined
IN this Act the expression “the principal Acts” means the following Acts, that is to say: —
The Act of the 4th George 4th (1823), c.83.
The Act of the 6th George 4th (1825), c.94.
The Act of the 5th and 6th of Her Majesty (1842), c.39.
And the said Acts and this Act may be cited for all purposes as “The Factors Acts 1823 to 1878.”
2. Amendment of the law with respect to secret revocation of entrustment or agency
WHERE any agent or person has been entrusted with and continues in the possession of any goods, or documents of titles to goods, within the meaning of the principal Acts as amended by this Act, any revocation of his entrustment or agency shall not prejudice or affect the title or rights of any other person who, without notice of such revocation, purchases such goods, or makes advances upon the faith or security of such goods or documents.
3. With respect to vendors permitted to retain documents of title to goods
WHERE any goods have been sold, and the vendor or any person on his behalf continues or is in the possession of the documents of title thereto, any sale, pledge, or other disposition of the goods or documents made by such vendor, or any person agent entrusted by the vendor with the goods or documents within the meaning of the principal Acts as amended by this Act so continuing or being in possession, shall be as valid and effectual as if such vendor or person were an agent or person entrusted by the vendee with the goods or documents within the meaning of the principal Acts as amended by this Act, provided the person to whom the sale, pledge, or other disposition is made has not notice that the goods have been previously sold.