South Australian Current Acts South Australian Current Acts11—Saving for rights of true owner
(1) Nothing in
sections 4 to 12 of this Act shall authorise an agent to exceed or depart
from his authority as between himself and his principal or exempt him from any
liability, civil or criminal, for so doing.
(2) Nothing in
sections 4 to 12 of this Act shall prevent the owner of goods—
(a) from
recovering the goods from an agent or, subject to any Bankruptcy Acts for the
time being in force, from his trustee in bankruptcy at any time before the
sale or pledge of the goods; or
(b) if
the goods are pledged by an agent, from having the right to redeem the goods
at any time before the sale thereof, on satisfying the claim for which the
goods were pledged, and paying to the agent, if by him required, any money in
respect of which the agent would by law be entitled to retain the goods or the
documents of title thereto, or any of them, by way of lien as against the
owner; or
(c) from
recovering from any person with whom the goods have been pledged any balance
of money remaining in his hands as the produce of the sale of the goods after
deducting the amount of his lien.
(3) Nothing in
sections 4 to 12 of this Act shall prevent the owner of goods sold by an
agent from recovering from the buyer the price agreed to be paid for the same,
or any part of that price, subject to any right of set off on the part of the
buyer against the agent.