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APPENDIX.

Statutes Relating to Conditional Sales
of Chattels.

PROVINCE OF BRITISH COLUMBIA.

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THE SALE OF GOODS ACT," REVISED STATUTES OF BRITISH COLUMBIA 1897, C. 169.

25. Formalities requisite to valid conditional sales. From and after the coming into force of this Act, every recept-note, hire receipt, or order for chattels given by any bailee of chattels where the condition of the bailment is such that the possession of the chattel should pass without any ownership therein being acquired by the bailee until the payment of the purchase or consideration money, or some stipulated part thereof, shall be void as against any subsequent purchasers or mortgagees of such chattels without notice in good faith for valuable consideration, unless a true copy of any such receipt-note, hire receipt, order, or other instrument evidencing the bailment or conditional sale given to secure the purchase money, or part thereof, shall be filed with the proper officer, not later than twenty-one days after the delivery of the goods, or the first portion thereof, to the bailee or conditional purchaser; and no such bailment or

conditional purchase shall be valid as against such subsequent purchaser or mortgagee as aforesaid, unless it is evidenced in writing, signed by the bailee, or conditional purchaser, or his agent. The proper officer with whom any instrument as aforesaid shall be filed shall be the officer with whom a bill of sale affecting property situate at the place where the bailee or conditional purchaser resides at the time of the bailment or conditional purchase would by law be required to be registered. 1896, c. 9, s. 1.

[For names of places at which filing must be made see ante, page 22.]

26. Statement of amount due to be given on request. Every manufacturer, bailor or vendor shall, on application by any proposed purchaser or other interested person, within five days furnish full information respecting the amount or balance due or unpaid on any such manufactured goods or chattels, and the terms of payment of such amount or balance, and in case of refusal or neglect to furnish the information asked for, such manufacturer, bailor or vendor shall be liable to a fine not exceeding fifty dollars on summary conviction before a Stipendiary or Police Magistrate or two Justices of the Peace. 1892, c. 21, s. 2.

27. Address to be given by person demanding statement. The person so inquiring (if by letter) shall give a name and post office address to which a reply may be sent, and it shall be sufficient if the information aforesaid be given by registered letter deposited in the post office within the said five days, addressed to the person inquiring at his proper post office address, or where a name and address is given as aforesaid, addressed to such person by the name and at the post office so given. 1892, c. 21, S. 3.

28. Power to redeem chattel.—If any manufacturer, bailor, or vendor, of such chattel or chattels, or his successor in interest where there has been a conditional sale, or promise of sale, take possession thereof for breach of condition, he shall retain the same for twenty days, and the bailee, or his successor in interest, may redeem the same within such period on payment of the full amount then in arrear, together with interest and the actuai costs and expenses of taking possession which have been incurred. 1892, c. 21, S. 4.

29. Notice of sale. When the goods or chattels have been sold or bailed originally for a greater sum than thirty dollars, the same, when taken possession of, as in the preceding section mentioned, shall not be sold without five days' notice of the intended sale being first given to the bailee, or his successor in interest. The notice may be personally served or may, in the absence of such bailee or his successor in interest, be left at his residence or last known place of abode in British Columbia, or may be sent by registered letter deposited in the post office at least seven days before the time when the said five days will elapse, addressed to the bailee, or his successor in interest, at his last known post office address in Canada. The said five days or seven days may be part of the twenty days in the previous section mentioned. 1892, c. 21, S. 5.

30. Officer to file copy of receipt. The proper officer, on receipt of the copy mentioned in section 25 of this Act, shall duly file the same and cause it to be properly entered in an index book to be kept for that purpose, and shall be entitled to charge twenty-five cents for every such filing, and ten cents for every search in respect thereof. In the event of any vari

ance between the original document and the copy which has been filed, the copy filed shall prevail. 1892, c. 21, s. 6.

31. Copy of receipt to be left with vendee. The manufacturer, bailor, or vendor shall have a copy of the receipt-note, hire receipt, order, or other instrument by which a lien on the chattel is retained, or which provides for a conditional sale, with the bailee or conditional vendee at the time of the execution of the instrument, or within twenty days thereafter.

C. 21, S. 7.

1892,

32. Risk prima facie passes with property. Unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, but when the property therein is transferred to the buyer the goods are at the buyer's risk, whether delivery has been made or not : Provided that where delivery has been delayed through the fault of either buyer or seller, the goods are at the risk of the party in fault as regards any loss which might not have occurred but for such fault: Provided also, that nothing in this section shall affect the duties or liabilities of either seller or buyer as a bailee or custodier of the goods of the other party. Vict. (Imp.) c. 71, s. 20.

Transfer of title.

56 & 57

33. Sale by person not the owner. Subject to the provisions of this Act, where goods are sold by a person who is not the owner thereof, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had, unless the owner of the goods is by his conduct precluded from denying the seller's authority to sell :

(2) Provided also, that nothing in this Act shall affect

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(a) The provisions of the Factors' Act," or any enactment enabling the apparent owner of goods to dispose of them as if he were the true owner thereof:

(b) The validity of any contract of sale under any special common law or statutory power of sale, or under the order of a Court of competent jurisdiction. 56 & 57 Vict. (Imp.) c. 71, s. 21.

34. Market overt.-Where goods are sold in market overt, according to the usage of the market, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of any defect or want of title on the part of the seller:

(2) Nothing in this section shall affect the law relating to the sale of horses. 56 & 57 Vict. (Imp.), C. 71, S. 22.

35. Sale under voidable title. When the seller of goods has a voidable title thereto, but his title has not been voided at the time of the sale, the buyer acquires a good title to the goods, provided he buys them in good faith and without notice of the seller's defect of title. 56 & 57 Vict. (Imp.), c. 71, s. 23.

36. Revesting of property in stolen goods on conviction of offender. Where goods have been stolen and the offender is prosecuted to conviction, the property in the goods so stolen revests in the person who was the owner of the goods, or his personal representative, notwithstanding any intermediate dealing with them, whether by sale in market overt or otherwise :

(2) Notwithstanding any enactment to the contrary, where goods have been obtained by fraud or other wrongful means not amounting to larceny, the

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