MERCANTILE LAW Page

PRELIMINARY NOTE 17 17 17 18 18 18 19 19 19 19 19 19 19 20 20 20 21 21 21 21 22

Bills of Sale and Other Instruments Act of 1955 Business Names Acts, 1962 to 1965 .. Cash Orders Regulation Acts, 1946 to 1959 Factors Act, 1892 Group Sales Act of 1942 Hide Skin and Wool Dealers Act of 1958 Mercantile Acts, 1867 to 1896

Powers of attorney .. Extension of rights and sureties Bills of lading Gaming securities Fraudulent conveyances Limited partnerships

Possessory Liens Act of 1942 Profiteering Prevention Acts, 1948 to 1959 Sale of Goods Act, 1893 Second-hand Wares Act of 1921 Sheepskins (Draft Allowance Abolition) Act of 1953 Trade Coupons Acts, 1933 to 1947 .. Warehousemen's Liens Act of 1938 .. Wool Draft Allowance Abolition Act of 1936

BILLS OF SALE AND OTHER INSTRUMENTS ACf of 1955, 4 Eliz. 2 No. 16

PART

I-PRELIMINARY 1. (I) Short title 23

(2) Commencement of this Act 23 2. Construction of this Act 23 3. Parts of this Act 23 4. Repeal and savings. First Schedule 23 5. Saving of Acts 24 6. (I) Meaning of terms 24

(2) .. .. .. 27 (3) Fixtures and crops not to be deemed separately assigned

when land passes by the same instrument . . . . 27 (4) Attornment or agreement giving power of distress 27 (5) Hire-purchase agreements 28

II-REGISTRATIONS 7. (I) Unregistered instrument. . 29

(2) Registered instrument, when to take effect 29 (3) Registration not to cure invalidity, etc. 29

8. Registration of instrument to be notice 30 9. Place of registration .. 30

10. (1) Instruments to be executed in duplicate 31 (2) Mode of registration 31

Second Schedule .. 31 (3) Register . . . . 32 (4) Entry in register where instrument made under process 32 (5) Instruments to be registered in the order of lodging . . 32 (6) Time for registration 32

11. In case of variance original copy to prevail. . 32 RENEWAL OF REGISTRATION OF BILLS OF SALE

12. Registration of certain instruments to be renewed every five years . . . . . . . . . . . . . . 32

Third Schedule 33 RENEWAL OF REGISTRATION OF LIENS UPON CROPS

13. Renewal of registered liens upon crops 33 TRANSFERS OF INSTRUMENTS

14. Transfer or assignment of registered instruments .. 33

2 MERCANTILE LAW Vol. 12

Page Bills of Sale and Other Instruments Act of 1955-continued

ENTRY OF SATISFACTION 15. Entry of discharge of registered instrument 35 16. Correction of errors, etc. 36

REGISTRY 17. Search, etc. 37 IS. Transmission of copies of register entries 37

PART III-CONTENTS AND ATTESTING OF INSTRUMENTS, ETC.

19. (I) Contents of instruments .. 38 (2) Advances without limit may be made under instruments

in certain cases . . 38 20. Instrument to be attested and when registered to have

effect of a deed 39 21. When bills of sale given by way of security of no effect

as regards after acquired chattels 39 22. Instrument subject to defeasance, etc., of no effect in

certain cases 39 23. Saving .. 40

IV-OPTIONAL REGISTRATION OF ASSIGNMENTS OF BOOK DEBTS; PROVISIONS RELATING TO STOCK MORT­GAGES, LIENS UPON CROPS, AND LIENS ON WOOL

OPTIONAL REGISTRATION OF ASSIGNMENTS OF BOOK DEBTS 24. Registration of Assignments of book debts 40

STOCK MORTGAGES 25. Stock mortgages 40 26. How stock to be described in mortgage, etc. 41 27. Stock to include increase of stock, etc. 41 2S. Special provisions as to poultry, etc. 41 29. Security may not be given without consent to third party

over wool of mortgaged sheep 41 30. Grantor may provide for grantee to have wool from

mortgaged sheep 42 LIENS UPON CROPS

31. Liens may be given upon crops 42 32. Savings of existing mortgages, etc. 42 33. Duration of registration of liens upon crops 43

LIENS ON WOOL 34. Security may be given over wool 43 35. Wool to continue subject to lien notwithstanding sub-

sequent sale or mortgage .. 44 36. Grantee may take possession and shear sheep subject to

the lien if grantor neglects to do so 44

V-MISCELLANEOUS As TO INSTRUMENTS BY WAY OF SECURITY SECURING AN ACCOUNT

CuRRENT 37. Instrument by way of security securing an account current 44

WHEN PUBLIC CURATOR MAY SIGN MEMORANDUM OF SATISFACfION 3S. Public Curator may sign memorandum of satisfaction

in certain cases 44 IMPLIED COVENANTS AND POWERS

39. Covenants for title. Fourth Schedule 45 40. Covenants, etc., implied in instruments by way of security.

Fifth Schedule 45 41. Meaning of" abbreviated terms". Sixth Schedule 45 42. Covenants to be several as well as joint 45 43. Covenants to bind executors 45 44. Covenants, etc., may be negatived or varied 46

MERCANTILE LAW

Bills of Sale and Other Instruments Act of 1955-continued SALE AFTER SEIZURE

45. Chattels not to be sold until at least fourteen days after

Page

seizure 46 FEES

46. Fees 46 47. Regulations 46

FIRST SCHEDULE 47 SECOND SCHEDULE Certificate of Registration 47 THIRD SCHEDULE Affidavit for Renewal of Registration of

a Bill of Sale 48 FOURTH SCHEDULE Covenants implied in all instruments 48 FIFTH SCHEDULE 49

Covenants implied in instruments by way of security (other than stock mortgages, liens upon crops, and liens on wool) 49

Covenants implied in instruments by way of security (other than bills of sale) 50

Powers, covenants, and provisions to be implied in stock mortgages 51

Power to be implied in liens upon crops .. 52 Power to be implied in liens on wool 53

SIXTH SCHEDULE Meanings of abbreviated terms 53

BUSINESS NAMES ACTS, 1962 to 1965 1. (1) Short title .. 57

(2) Commencement 57 2. Repeals and transitory provisions 57 3. Interpretation .. 57 4. Registrar of Business Names and other officers 59 5. Certain business names to be registered 60 6. Register of business names .. 61 7. Registration of business names 62 8. Resident agent 63 9. Restriction on registration of business names that are

undesirable, etc. 64 10. Power to cancel registration of business names that are

undesirable, etc. 64 11. Renewal of registration 64 12. Notification of changes in particulars relating to registered

business names, cessation of business, etc. 66 12A. Provisions relating to statements, etc. 68 13. Duty to furnish information . . 69 14. Disability of persons in default 69 15. Signing of statements . . 70 16. Verification of particulars 70 17. Penalty for false statement 70 18. Notice of proposed cancellation 70 19. Cancellation of registration .. 71 20. Use and exhibition of business name 72 21. Registrar may correct errors in register, etc. 72 22. Inspection of statements 73 23. Certificates of registration or non-registration 73 24. Evidence of registration or non-registration 73 25. Authority of Registrar to destroy documents and validation 73 26. Invitations to the public to make deposits or loans 74

3

27. Proceedings. General penalty provisions 74 28. Default penalty 75 29. Offences committed by corporations 75

4 MERCANTILE LAW Vol. 12

Page Business Names Acts, 1962 to 1965--continued

30. Evidentiary provisions 31. As to service of notices and lodging of statements 32. Regulations 33. Publication of Proclamations, regulations, etc. SCHEDULE

CASH ORDERS REGULATION ACTS, 1946 to 1959 PART

I-PRELIMINARY 1. Short title 2. Commencement of Act 3. Parts of Act 4. Delegation by Minister

II-CASH ORDERS

75 75 76 77 78

79 79 79 79

5. Definitions 80 6. Licensing of persons conducting cash order businesses 80 7. Cash orders, etc., to be issued only at licensed offices

and to be received in person 80 8. Canvassing for cash orders, etc., prohibited 81 9. Control of cash orders and cash loans 81

10. Presentation of cash orders for redemption 82 11. Discount on redemption of cash order 82 12. Husbands not liable to repay cash orders and cash loans

in certain cases 82 13. Cash orders in excess of $40 not to be issued 82 14. Cash loans not to be made in certain cases 83 15. Cash orders to be repayable within 20 weeks 83 16. Amounts not expended to be credited or paid 83 17. Invalidation of transactions in contravention of Part 83 18. Records to be kept of cash order business . . 83 19. (1) Penalties 84

(2) Recovery of penalties 84

I1I-(ss. 20-26) [Repealed]

IV-MISCELLANEOUS 27. Information to be furnished 84 28. Access to buildings, records, etc. 84 29. Obstruction 85 30. Contracts to evade Acts 85 31. [Repealed] 32. General penalty 85 33. (1) Regulations 85

(2) Publication of regulations, etc. 8')

CASH ORDERS REGULATION ACT AMENDMENT ACT of 1959, 8 Eliz. 2 No. 34

1. (1) Short title .. 87 (2) Principal Act 87 (3) Collective title 87

2. (1) Commencement of Act 87 (2) Saving 87

3-13. [Not reprinted] 14. (1) [Not reprinted]

(2) [Saving] 87 15, 16. [Not reprinted]

CONTROL OF TRADE ACT of 1914, 5 Geo. 5 No.3 (Not reprinted­see 1936 Reprint, Vol. 6, p. 381)

MERCANTILE LAW

Page FACTORS ACT, 1892, 56 Vic. No.8

1. Short title 89

PRELIMINARY

2. Definitions 89

DISPOSITIONS BY MERCANTILE AGENTS

3. Powers of mercantile agent with respect to disposition of goods 90

4. Effect of pledges of documents of title 91 5. Pledge for antecedent debt 91 6. Rights acquired by exchange of goods or documents 91 7. Agreements through clerks, etc. 91 8. Provisions as to consignors and consignees 92

DISPOSITIONS BY SELLERS AND BUYERS OF GOODS

9. Disposition by seHer remaining in possession 92 10. Disposition by buyer obtaining possession 92 11. Effect of transfer of documents on vendor's lien or right

of stoppage in transitu 93

SUPPLEMENTAL

12. Mode of transferring documents 93 13. Saving for rights of true owner 94 14. Saving of common law powers of agent 94 15. [Repealed]

GROUP SALES ACT of 1942, 6 Geo. 6 No. 18 1. Short title and commencement 95 2. Meanings of terms 95 3. Interpretation of Act .. 97 4. Act 60 Vic. No.6 applied 97 5. Registered office of group seHer 97 6. Security to be provided 98 7. Time within which prescribed deposit to be made 99 8. When group sales to buyers in Queensland prohibited 100 9. (l) Registration of agents, servants, or representatives of

group seller 101 (2) Manner of registering agent, servant, or representativCJ 101

10. Cancellation of registration .. 102 11. Convicted person not to be registered 102 12. Liability of group seHer for acts of his agent, servant, or

representative 103 13. Contracting-out 103 14. Group sale to be by description or by sample as well

as by description 103 15. Rules as to delivery 104 16. When buyer entitled to refund 105 17. Inspection of books, etc. 105 18. Power of audit of books 105 19. Recovery of penalties 106

General penalty 106 20. Certificate of Under Secretary as evidence. . 106 21. When notice deemed to be delivered 107 22. Regulations 107 23. (1) Effect of publication in Gazette of Proclamations, etc. 107

(2) Regulations to be laid before Parliament 107 24. Saving of certain group-sale contracts 108

1

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6 MERCANTILE LAW Vol. 12

Page HIDE, SKIN, AND WOOL DEALERS ACT of 1958, 7 Eliz. 2 No. 34

1. (1) Short title .. 109 (2) Commencement of this Act 109 (3) Exemptions 109

2. Severability 109 3. Meaning of terms 109 4. Every person buying or selling hides, skins, or wool to be

licensed 11 0 5. Licenses 112 6. Procedure 113 7. Cancellation of license 113 8. Record to be kept 113 9. Powers of members of Police Force 114

10. Obstruction of police officers 114 11. Name, etc., to be kept posted up and license produced 115 12. Unlicensed person pretending to be licensed 115 13. Offences: Penalty 115 14. Appeal .. 116 15. Protection of members of Police Force, etc. 116 16. Regulations 116

Fees 116 17. Publication of regulations, etc. 117

MERCANTILE ACTS, 1867 to 1896 ASSIGNMENT OF PERSONALTY

1. Assignment to self and others POWERS OF ATTORNEY

2. Conveyances, etc., under certain powers of attorney executed after death or revocation and before notice

119

thereof to be valid 119 3. [Repealed]

SATISFIED SECURITIES

4. A surety who discharges the liability to be entitled to assignment of all securities held by the creditor 120

BILLS OF LADING

5. Preamble 121 Rights under bills of lading to vest in consignee or indorsee 121

6. Not to affect right of stoppage in transitu or claims for freight 121

7. Bill of lading in hands of consignee, etc., conclusive evidence of the shipment as against master, etc. . . 122

11-42. [Repealed] GAMING SECURITIES

43. All notes, etc., mortgages, etc. Where the consideration is for money won by gaming. Or for repayment of money lent at such gaming, etc., shall be deemed made, etc., for illegal consideration 122

44. Fraudulent assurances of lands or goods to deceive creditors shall be void 123

45. All deeds of gift of goods to defraud creditors shall be void 124 46. Fraudulent deeds made to avoid the debts of others shall

be void and the penalties of the parties to such fraudulent assurances 124

All fraudulent conveyances made to avoid the debt or duty of others shall be void 124

47. The forfeiture of the parties to fraudulent deeds ., 125 48. Estates made upon good consideration and bona fide 126

Preamble 126 Fraudulent conveyances made to deceive purchasers shall

be void 126

MERCANTILE LAW

Page Mercantile Acts, 1867 to 1896-continued

49. The penalty of the parties to fraudulent conveyances who do avow the same 127

50. Conveyances made upon good considerations and bona fide 127 51. Lands first conveyed with condition of revocation or

alteration and after sold for money or other good consideration 128

52. Mortgages lawfully made 128

PARTNERSHIP

53. Limited partnerships may be formed except for banking and insurance 128

54. General and special partners and their liabilities .. 128 55. Certificate to be made by the partners specifying names

capital, etc. .. 129 56. Style of partnership 129 57. Certificate to be acknowledged and recorded. If false

all shall be liable as general partners 129 58. Certificate to be published for four weeks 129 59. Duration of partnership limited 129 60. Provision for renewal of partnership 130 61. Capital stock not to be withdrawn .. 130 62. Suits to be by and against general partners 130 63. Dissolutions how effected 130 64. Liabilities not specially provided for 130 65. Accounting 130 66. Frauds by partners 130 67. Books of account to be kept and to be open to inspection 131 68. As to liability of special partners if proper books be not

kept or be incorrectly kept 131

COMMENCEMENT AND SHORT TITLE

69. Commencement of Act. Short title 131

POSSESSORY LIENS ACT of 1942, 6 Geo. 6 No. 19 1. Short title 133

Construction of Act .. 133 2. Meanings of terms 133 3. Right of holder to sell goods in respect of which he has

a possessory lien 133 4. (I) Notice by holder of lien where goods deposited by

person entrusted with possession .. 133 (2) Contents of notice 134 (3) Manner of giving notice .. 134 (4) Effect of failure to give notice 134

5. (I) Power to sell goods 134 (2) Notice of intention to sell 134 (3) Manner of giving notice. . 135 (4) Contents of notice 135 (5) Advertisement of sale 135 (6) Power to court to stay proceedings 135 (7) When power of sale devolves 135

6. Sufficiency of notices .. 136 Substituted service of notices 136

7. Disposition of proceeds of sale 136 8. (I) Provision for payment before sale of goods 137

(2) Duty of holder of lien on payment 137 9. Goods not to be sold while owner on war service 137

10. Application of Act 138 11. Regulations 138 12. Regulations to be laid before Parliament 138

7

8 MERCANTILE LAW Vol. 12

PROFITEERING PREVENTION ACTS, 1948 to 1959 PART

I-PRELIMINARY 1. (1) Short title

(2) Commencement of Act 2. Interpretation .. 3. Parts of Act 4. [Not reprinted) 5. Transitory provisions .. 6. Meaning of terms

I1-ADMINISTRA nON

Page

139 139 139 140

140 141

7. Administration of Act 143 8. (I), (2) Prices Advisory Board 143

(3) Appointment of deputy 144 (4) Meetings 144

9. Functions of the Board 144 10. Prices Commissioner .. 145 11. Power of Commissioner to delegate 145 12. Signature of Commissioner and of delegate 146 13. Inspectors and other officers 146 14. Advisers 146 15. Declarations of secrecy 146 16. The Minister, Commissioner, etc., not compellable

witnesses 148 17. Powers of Commissioner, etc. 148 18. Failure of witness to appear. . 148 19. Failure of witness to be sworn, produce documents,

or answer questions 148 20. Affirmation in lieu of oath made by witness 148 21. Power of the Commissioner, etc., to obtain information.. 148 22. Production of balance-sheets and other accounts and

statements 150 23. Power to enter premises and inspect documents .. 150 24. Commissioner may require returns to be furnished 151

III-MAXIMUM PRICES AND RATES FOR GOODS AND SERVICES

25. Proclaimed areas 152 26. Power of the Governor in Council to declare goods and

services 152 27. Maximum prices, rates, etc. .. 152 27A. Goods to be sold by unit of number. or weight, or

measure to which maximum price is related 155 28. Sale of goods and supply of service in one transaction 156 29. Transactions may be declared to be sales .. 157 30. Power of the Commissioner to prohibit certain tran-

sactions J 58 31. Power of Minister to suspend order, etc. 158 32. Power of the Commissioner to prohibit sale of goods

or supply of services before maximum price or rate fixed .. 159

33. Inter-wholesale transactions .. 159 34. Inter-retail transactions 160 35. Delivery of invoice or docket with goods 162 36. Exhibiting particulars with respect to declared goods

and declared services 162 37. Advertisements as to declared goods 162 38. Attaching of tickets, etc., to declared goods 163 39. Statements that prices have been approved by the Com-

missioner prohibited without his approval 163

MERCANTILE LAW

Profiteering Prevention Acts, 1948 to 1959-continued

PART

39A. Misleading publicity respecting reductions in prices of goods and rates for services, prohibited

40. Books, accounts, etc., to be kept and preserved 41. Application of orders, etc. 42. Sale of goods subject to condition to refund excess price

prohibited 43. Offence to sell goods or supply service at price or rate

higher than maximum price or rate Prescribed date

44. Sale of declared goods with undeclared goods, etc. 45. Offering to pay higher price for declared goods, etc. 46. Delivery of goods less in quantity or inferior in quality

to those sold 47. [Repealed] 48. Prosecutions where price fixed is lower or lowest of

more than one price 49. Meaning of terms

Maximum price to include wrapping charge 50. Alteration of size of containers or quantity or ingredients

of declared goods 51, 52. [Repealed] 53. Speculating in goods 54. Corners and restrictions on circulation of goods 55. (I) Forfeiture of goods by Minister

(2) Forfeiture of goods by court (3) Seizure and disposal of forfeited goods

56. Sales by auction 57. Payment to former owner of whole or portion of proceeds

of sale 58. Power of an authorised officer, etc., to search for goods .. 59. Power of the Minister to requisition goods

IV-COMBINES AND MONOPOLIES 60. Meaning of terms used in this Part 61. Illegal concessions 62. Illegal refusals to deal 63. Illegal monopolies 64. Sales at price fixed by a commercial trust 65. Penalty for offences against this Part

V-LAND SALES 66. Meaning of terms 67. Certain land transactions forbidden 68. Applications for consent and valuations 69. Transactions made subject to consent 70. Power of Commissioner to refuse consent 71. Exemptions 72. Conditions of consent or exemption to be complied with 73. Validation of transactions 74. Registrar of Titles may require evidence that transactions

are not in contravention of Part .. 75. Excess consideration may be recovered 76. Disposal of residential businesses

Building Residential business Acquiring residential business

77. Power of the Commissioner to obtain information 78. Offences against Part V 79. Transactions made prior to commencement of Act

9

Page

164 164 164

165

165 166 167 167

168

168 168 168

169

170 170 170 170 171 171

171 171 171

172 173 174 175 175 175

176 176 178 179 180 180 181 181

181 181 182 183 183 183 183 184 184

10 MERCANTILE LAW Vol. 12

Profiteering Prevention Acts, 1948 to 1959-continued PART

Page

VI-GENERAL 80. War service land settlement 81. (I) Manner in which notice in writing may be given

(2) Evidence 82. Evidence of maximum price or maximum rate 82A. Mode of proving orders, and notices made or given by

Commissioner 83. Knowledge of maximum price or maximum rate .. 84. Destroying and concealing documents, etc. 85. Assaulting, hindering, etc., Commissioner or other person

acting in the execution of this Act 86. Offences and penalties 87. Joint offences .. 88. Orders in Council, orders, etc. 89. Application of" The Acts Shortening Acts" 90. Regulations 91. Publication of Orders in Council and regulations SCHEDULE

SALE OF GOODS ACT of 1896, 60 Vic. No.6 PART

I-PRELIMINARY 1. Short title 2. Commencement 3. Interpretation of terms

H-FORMATlON OF THE CONTRACT CONTRACT OF SALE

185 185 185 186

186 186 186

187 187 188 188 188 188 189 189

191 191 191

4. Sale and agreement to sell 192 5. Capacity to buy and sell 193

FORMALITIES OF THE CONTRACT 6. Contract of sale, how made 194 7. Contract of sale for twenty dollars and upwards 194

SUBJECT MATTER OF CONTRACT 8. Existing or future goods 197 9. Goods which have perished 198

10. Goods perishing before sale, but after agreement to sell .. 198

THE PRICE 11. Ascertainment of price 12. Agreement to sell at valuation

CONDITIONS AND WARRANTIES 13. Stipulations as to time 14. When condition to be treated as warranty .. 15. Implied undertaking as to title, etc. 16. Sale by description 17. Implied conditions as to quality or fitness

SALE BY SAMPLE 18. Sale by sample

III-EFFECTS OF THE CONTRACT TRANSFER OF PROPERTY AS BETWEEN SELLER AND BUYER

19. Goods must be ascertained .. 20. Property passes when intended to pass 21. Rules for ascertaining intention

198 198

199 199 201 201 202

205

206 207 207

MERCANTILE LAW 11

~ale of Goods Act of 1896-continued Page

PART

22. Reservation of right of disposal 23. Risk prima facie passes with property

TRANSFER OF TITLE

24. Sale by person not the owner 25. Sale under voidable title 26. Revesting of property in stolen goods on conviction of

offender 27. Seller or buyer in possession after sale 28. Effect of writs of execution ..

209 209

210 211

211 212 213

IV-PERFORMANCE OF THE CONTRACT 29. Duties of seller and buyer 213 30. Payment and delivery are concurrent conditions 214 31. Rules as to delivery 214 32. Delivery of wrong quantity 215 33. Instalment deliveries .. 216 34. Delivery to carrier 216 35. Risk where goods are delivered at distant place 217 36. Buyer's right of examining the goods 217 37. Acceptance 218 38. Buyer not bound to return rejected goods 218 39. Liability of buyer for neglecting or refusing delivery

of goods 218

V-RIGHTS OF UNPAID SELLER AGAINST THE GOODS 40. Unpaid seller defined. . 219 41. Unpaid seller's right .. 219

UNPAID SELLER'S RIGHT OF RETENTION

42. Seller's right of retention 220 43. Part delivery 220 44. Termination of right of retention 221

STOPPAGE IN TRANSITU

45. Right of stoppage in transitu 221 46. Duration of transit 221 47. How stoppage in transitu is effected 222

RE-SALE BY BUYER OR SELLER

48. Effect of sub-sale or pledge by buyer 223 49. Sale not generally rescinded by lien or stoppage in transitu 223

VI-ACTIONS FOR BREACH OF THE CONTRACT REMEDIES OF THE SELLER

50. Action for price 51. Damages for non-acceptance

REMEDIES OF THE BUYER 52. Damages for non-delivery 53. Specific performance .. 54. Remedy for breach of warranty 55. Interest and special damages

VII-SUPPLEMENTARY 56. Exclusion of implied terms and conditions 57. Reasonable time a question of fact 58. Rights, etc., enforceable by action 59. Auction sales 60. [Repealed] 61. Savings .. SCHEDULE [Repealed]

224 224

225 226 227 228

229 229 229 229

230

12 MERCANTILE LAW Vol. 12

SECOND-HAND WARES ACT of 1921, 12 Geo. 5 No. 23 1. Short title 2. Interpretation ..

COLLECfORS 3. (1) Collectors to be licensed

(2) [License not to be issued to person under age of sixteen years]

(3) Effect and renewal of license (4) [Fee]

4. (i) Collector to leave address with police and report himself ..

(ii) Change of address to be notified to police (iii) License to be produced on demand (iv) Wares to be kept for four days (v) Badges

(vi) To show same (vii) To deliver up same when he ceases to be licensed

(viii) Licenses not to be let out (ix) Collectors to sell to licensed dealers only (x) Trade names (xi) Collectors to observe certain hours

(xii) Vehicles to have address on them (xiii) Two persons only to attend vehicle (xiv) Entry on premises (xv) To depart when directed

(xvi) Offensive language or behaviour License when void on second conviction May be arrested without warrant

5. (i) Collectors to be licensed (ii) License not to be borrowed

(iii) Unlawful purchase of second-hand wares (iv) No one but a licensed collector to accompany vehicle (v) Unlawful use of badge

DEALERS 6. Dealers must be licensed 7. (1) Application for dealer's license or transfer

(2) Proposed transferee to be applicant (3) Endorsement of permission to transfer (4) Fee ..

8. (i) Name, etc., to be painted on outside of premises (ii) Entry to be made on letting vehicle

(iii) Book to be kept showing wares purchased or received (iv) Book to be kept showing wares sold or disposed of .. (v) Production of books, etc.

(vi) Dealer to inform police when article supposed to be stolen came into his possession

(vii) Form of second-hand wares not to be changed for five days

(viii) Dealer to carryon in licensed premises only (ix) Dealer to produce license (x) Hiring vehicles to collectors only

(xi) Not to make excessive charge .. (xii) Second-hand wares not to be purchased from children

(xiii) Restriction on purchase or receipt of second-hand wares

(xiv) Age of employees 9. Police, etc., may visit dealers' premises

10. Police may be authorised to search dealer's premises 11. Suspicious offering of goods ..

MISCELLANEOUS

12. Ceasing to be licensed 13. Licenses may be revoked 14. (1) Presumption that persons unlicensed

(2) Possession of second-hand wares (3) Entries in dealer's books deemed made by him

Page

233 233

234

234 234 234

234 235 235 235 235 235 235 235 235 235 235 235 235 235 236 236 236 236 236 236 236 236 236

236 237 237 237 237 237 237 237 237 237

238

238 238 238 238 238 238

238 238 238 239 239

240 240 240 240 240

MERCANTILE LAW 13

Page Second·hand Wares Act of 1921--continued

15. Hearing of complaints 240 16. Regulations 240

(i) Licenses 240 (ii) Lists 240

(iii) Badges 240 (iv) Vehicles 240 (v) Dealers' signs 241

(vi) Penalties ., 241 (vii) Generally.. 241

SHEEPSKINS (DRAFT ALLOWANCE ABOLITION) ACT of 1953, 2 Eliz. 2 No. 5

1. (l) Short title ., 242 (2) Commencement of Act 242

2. Avoidance of provision for draft allowance on sheepskins 242

TRADE COUPONS ACTS, 1933 to 1947 1. Short title and commencement of Act 243 2. Repeal of 3 Geo. 5 No. 14 243 2A. Construction of Act . . 243 3. Interpretation ., 243 4. (I) Trade coupons abolished 244

Saving as to discount 245 (2) Advertising trade coupon prohibited 245 (3) Printing advertisement of trade coupon prohibited 245 (4) Giving money or goods on presentation or production

of trade coupon prohibited 245 (5) Who deemed person effecting the sale or distribution 245 (6) Agency in Queensland 245 (7) Saving in respect of insufficient quantity or defective

quality ., 245 (8) Penalty 245

4A. Prohibition of certain transactions in connection with the sale and advertisement of goods 246

5. (l) Offences 247 (2) Offence by company 247 (3) Enforcement of Act 248

6. (I) Evidence 248 (2) (a) Advertisement 248

(b) Gifts 248 7. Saving of Art Union Regulation Act and Gaming Acts .. 248 8. Regulations 248

TRADE COUPONS ACT AMENDMENT ACT of 1947, 12 Geo. 6 No.8

1. Short title and construction 250 Collective title . . 250 Commencement of Act 250

2, 3. [Not reprinted]

WAREHOUSEMEN'S LIENS ACT of 1938,2 Geo. 6 No.5 1. Short title 251 2. Meaning of terms 251 3. Declaration of warehouseman's lien 251 4. Charges covered by lien 251 5. (I) Necessity of notice by warehouseman where goods

deposited by person entrusted with possession 251 (2) Contents of notice 252 (3) Manner of giving notice .. 252 (4) Effect of failure to give notice .. 252

14 MERCANTILE LAW Vol. 12

Page Warehousemen's Liens Act of 1938-continued

6. (I) Power to sell goods 252 (2) Notice of intention to sell 252 (3) Manner of giving notice. . 252 (4) Contents of notice 252 (5) Advertisement of sale 253 (6) Power to court to stay proceedings 253 (7) When power of sale devolves 253

7. (I), (2) Sufficiency of notices 253 (3) Substituted service of notices 254

8. Disposition of proceeds of sale 254 9. (I) Provision for payment before sale of goods 254

(2) Duty of warehouseman on payment 254 10. Application of Act 255 11. Regulations 255 12. Regulations to be laid before Parliament 255

WOOL DRAFT ALLOWANCE ABOLITION ACT of 1936, 1 Edw. 8 No.9

Preamble .. 256 1. Short title and commencement of Act 256 2. Abolition of the .. wool draft allowance" and other

similar allowances 256 3. Offences 256

REGULATIONS: Bills of Sale and Other Instruments Act of 1955-Gazette May-Aug.

1955, p. 1332; Sep.-Dec. 1958, p. 1917; Sep.-Dec. 1960, pp. 1064, 1302,2365.

Business Names Acts, 1962 to 1965-Gazette Sep.-Dec. 1962, p. 1511. Cash Orders Regulation Acts, 1946 to 1959-Gazette Sep.-Dec. 1959,

p.2395. Group Sales Act of 1942-Gazette July-Dec. 1942, p. 1575. Hide, Skin and Wool Dealers Act of 1958-Gazette Jan.-Apr. 1959,

p. 1881; May-Aug. 1959, pp. 1454, 1838. Possessory Liens Act of 1942-Gazette July-Dec. 1943, p. 104; Sep.-Dec.

1955, p. 282. Profiteering Prevention Acts, 1948 to 1959-Gazette July-Dec. 1948,

p. 2337. Second-hand Wares Act of 1921-Gazette Jan.-June 1922, p. 529; Jan.­

June 1923, p. 260. Warehousemen's Liens Act of 1938-Gazette July-Dec. 1938, p. 1303.

RELATED LEGISLATION: Agents, stealing by-See Criminal Code, ss. 393-395, 398 VIII, title

CRIMINAL LAW, Vol. 3, pp. 407, 410. Bills of lading-See also Sea Carriage of Goods (State) Act of 1930, title

SHIPPING, and Sea-Carriage of Goods Act 1924 (Commonwealth). Carriage of goods by sea-Provisions relating to contracts and liability

are made by Sea Carriage of Goods (State) Act of 1930, title SHIPPING, and Sea-Carriage of Goods Act 1924 (Commonwealth).

Farm produce-As to specific restrictions on sales of farm produce, see now Farm Produce Agents Act of 1964, ss. 21, 22, 1964 Annual Volume, p. 283.

Fraudulent conveyances-As to avoidance of preferential assignments and obligations in favour of particular creditors, see Bankruptcy Act 1924-1965, s. 95 (Commonwealth).

Fruit, sale of-See Fruit and Vegetables Acts, 1947 to 1959, title AGRICULTURE, Vol. 1, p. 380.

Gaming securities-See also Suppression of Gambling Acts, 1895 to 1964, title GAMING, Vol. 6, p. 397; Racing and Betting Acts, 1954 to 1966, s. 139, title GAMING, Vol. 6, p. 386.

MERCANTILE LAW 15

Page Related Legislation-continued

Hire-purchase agreements-See Hire-purchase Act of 1959, title HIRE­PURCHASE, Vol. 7, p. 317.

Liens on crops of sugar cane-See Liens on Crops of Sugar Cane Acts, 1931 to 1965, title SUGAR.

Marking of goods-The Commerce (Trade Descriptions) Act 1905-1933 (Commonwealth)

regulates marking of goods imported into or exported from the Commonwealth.

Stamping of furniture is required by the Factories and Shops Acts, 1960 to 1964, ss. 65-73, title LABOUR, Vol. 8, p. 380.

Monopolies and combines-As to suppression of monopolies and combines, see also Criminal Code, s. 430, title CRIMINAL LAW, Vol. 3, p. 431; and Australian Industries Preservation Act 1906-1930 (Commonwealth).

Partnership-For the general law, see Partnership Acts, 1891 to 1965, title PARTNERSHIP.

Partnerships (limited)-See Partnership Acts, 1891 to 1965, s. 5 (3), title PARTNERSHIP.

Pledge or lien by factor-As to when such pledge or lien is not deemed stealing, see Criminal Code, s. 392 (2), title CRIMINAL LAW, Vol. 3, p. 407.

Sales of goods by weight or measure-See Weights and Measures Acts, 1951 to 1966, Part V, title WEIGHTS AND MEASURES.

Secret commissions-See Criminal Code, Chapter 42A (ss.442A et seq.), title CRIMINAL LAW, Vol. 3, p. 440.

State securities-As to registration of mortgages and other securities in favour of the Crown, see State Securities Registration Act of 1925, title CROWN, Vol. 4, p. 348.

Workmen's liens for wages-See Wages Acts, 1918 to 1954, Part II, (ss. 4 et seq.), title LABOUR, Vol. 8, p. 715.