Interest and special damages.

(4) The fact that the buyer has set up the breach of warranty in diminution or extinction of the price does not prevent him from maintaining an action for the same breach of warranty if he has suffered further damage.

51. Nothing in this Ordinan e shall affect the right. of the buyer or the seller to recover interest or special damages in any case where by law interest or special damages may be recoverable, or to recover money paid where the consideration for the payment of it, has failed.

PART VI.

Exclusion of

implied terms

SUPPLEMENTARY.

52. Where any right, duty, or liability would arise and conditions under a contract of sale by implication of law, it may be negatived or varied by express agreement or by the course of dealing between the parties, or by usage, if the usage be such as to bind both parties to the

Reasonable time a question of fact.

Rights, &c., enforceable by action.

Auction sales.

• contract.

53. Where, by this Ordinance, any reference is made to a reasonable time the question what is a reasonable time is a question of fact.

54. Where any right, duty, or liability is declared by this Ordinance it may, unless otherwise by this. Ordinance provided be enforced by action.

55. In the case of a sale by auction :

(1) Where goods are put up for sale by auction in lots, each lot is prima 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) Where a sale by auction is not notified to be subject to a 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.

(4) A sale by auction may be notified to be subject to a reserve or upset price, and the right to bid may also be reserved expressly by or on behalf of the seller. Where a right to bid is expressly reserved, but not otherwise, the seller, or any one person on his behalf, may bid at the auction.

court

warranty

56. Where a buyer has elected to accept goods Payment into which he might have rejected, and to treat a breach of breach of contract as only giving rise to a claim for damages, he alleged. may, in an action by the seller for the price, be required, in the discretion of the court before which the action depends, to consign or pay into court the price of the goods, or part thereof, or to give other reasonable security for the due payment thereof.

57. (1) The rules of the common law, including Savings. the law merchant, save in so far as they are inconsistent with the express provisions of this Ordinance, and in particular the rules relating to the law of principal and agent and the effect of fraud, misrepresentation, duress or coercion, mistake or other invalidating cause, shall continue to apply to contracts for the sale of goods.

(2) Nothing in this Ordinance shall affect the enactments relating to bills of sale or any enactment relating to the sale of goods which is not expressly repealed by this Ordinance.

(3) The provisions of this Ordinance relating to contracts of sale do not apply to any transaction in the form of a contract of sale which is intended to operate by way of mortgage, pledge, charge, or other security.

Interpretation of terms.

58. (1) In this Ordinance, unless the context or subject matter otherwise require :

"Action" includes counterclaim and set off;

'Buyer" means a person who buys or agrees to buy goods;

Contract of sale" includes an agreement to sell as well as the sale;

Delivery" means voluntary transfer of possession from one person to another;

"Document of Title to Goods" has the same meaning as it has in The Factors Ordinance;

Factors Ordinance" means The Factors Ordinance 1896, and any enactment amending or substituted for the same ;

"Fault" means wrongful act or default;

Future Goods" means goods to be manufactured or acquired by the seller after the making of the contract of sale;

66

Goods" includes all chattels, personal other than things in action and money. The term includes implements, industrial growing crops, 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" means goods identified and agreed upon at the time a contract of sale is made;

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 reject the goods and treat the contract as repudiated.

(2) A thing is deemed to be done "in good faith" within the meaning of this Ordinance 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 Ordinance who either has ceased to pay his debts in the ordinary course of business, or cannot pay his debts as they become due.

(4) Goods are in a

deliverable state" within the meaning of this Ordinance when they are in such a state that the buyer would under the contract be bound to take delivery of them.

59. This Ordinance shall come into operation on Commencethe first day of January, one thousand eight hundred ment and ninety-seven.

60. This Ordinance may be cited as The Sale of Short title. Goods Ordinance 1896.

AN

NO 11 OF 1896.

ORDINANCE TO AMEND ORDINANCE NO. 12 OF 1895, INTITULED "AN ORDINANCE RESPECTING VETERINARY SURGEONS."

[Assented to October 30, 1896.]

The Lieutenant-Governor, by and with the advice and consent of the Legislative Assembly of the Territories, enacts as follows:

1. Section 4 of Ordinance No. 12 of 1895, entitled An Ordinance respecting Veterinary Surgeons, is hereby amended by striking out the words "or spaying" where they occur in the third line thereof and by inserting in lieu thereof the words "spaying or dehorning."