upon any special promise to answer damages out of CHAP. 141.
his own estate; or

(b) whereby to charge any person upon any special
promise to answer for the debt, default or miscarriage
of another person; or

(c) whereby to charge any person upon any agreement
made upon consideration of marriage; or

(d) upon any contract or sale of land or any interest
therein; or

(e) upon any agreement that is not to be performed
within the space of one year from the making
thereof,

unless the promise, agreement or contract upon which the
action is brought, or some memorandum or note thereof, is
in writing, signed by the person sought to be charged
therewith or by some other person thereunto by him law-
fully authorized. R. S., c. 91, s. 5.

need not be

8. No special promise made by any person to answer Consideration for the debt, default or miscarriage of another person, being expressed in in writing and signed by the party to be charged therewith, guaranty. or by some other person by him thereunto lawfully author-" ized, shall be deemed invalid to support an action or other proceeding to charge the person by whom such promise was made, by reason only that the consideration for such promise does not appear in writing, or by necessary inference from a written document. R. S., c. 91, s. 6.

contract of infant

9. No action shall be maintained whereby to charge Ratification of any person upon any promise, made after full age, to pay must be in any debt contracted during infancy, or upon any ratification writing. after full age of any promise or simple contract made during infancy, unless such promise or ratification is made. by some writing signed by the party to be charged therewith, or by his agent duly authorized to make such promise or ratification. R. S., c. 91, s. 7.

&c., to obtain

in writing.

10. No action shall be brought whereby to charge any Representation person upon or by reason of any representation or assurance as to character, made or given concerning or relating to the character, credit must be conduct, credit, ability, trade, or dealings of any other person to the intent or purpose that such other person may obtain credit, money, or goods thereupon, unless such representation or assurance is made in writing, signed by the party to be charged therewith. R. S., c. 91, s. 8.

11. (1.) No contract for the sale of any goods for the contract for price of forty dollars or upwards shall be good, unless,—

(a) the buyer accepts part of the goods so sold and
actually receives the same; or

sale of goods.

CHAP. 142.

(b) gives something in earnest to bind the bargain or in part payment; or

(c) some note or memorandum in writing of such contract is made and signed by the parties to be charged upon such contract, or their agent thereunto lawfully authorized.

(2.) The provisions of this section shall extend to all contracts for the sale of goods of the value of forty dollars and upwards, notwithstanding the goods are intended to be delivered at some future time, or are not at the time of such contract actually made, procured, or provided, or fit, or ready for delivery, or although some act is requisite for the making or completing thereof, or rendering the same fit for delivery. R. S., c. 91, ss. 9, 10.

Short Title.

Interpretation. "Bill of sale."

CHAPTER 142.
(1899, c. 28.)

OF THE PREVENTION OF FRAUDS ON CREDITORS
BY SECRET BILLS OF SALE.

SHORT TITLE.

1. This Chapter may be cited as " The Bills of Sale Act."

INTERPRETATION.

2. In this Chapter, unless the context otherwise requires :
(a) The expression "bill of sale" includes bills of sale,
chattel mortgages, assignments, transfers, declara-
tions of trust without transfer, and other assur-
ances of personal chattels, and also powers of attor-
ney, authorities or licenses to take possession of
personal chattels as security for any debt;
but does not include the following documents, that
is to say assignments for the general benefit of the
creditors of the person making or giving the same,
deeds of trust or mortgages made or given by any
incorporated company for the purpose of securing
its bonds or debentures, marriage settlements, tran-
fers or assignments of any ship or vessel or any
share thereof, transfers of goods in the ordinary
course of business of any trade or calling, bills of
sale of goods in foreign parts or at sea, bills of
lading, warehouse keepers' certificates, warrants or
orders for the delivery of goods, or any other docu-

ments used in the ordinary course of business as
proof of the possession or control of goods, or
authorizing, or purporting to authorize, either by
indorsement or by delivery, the possessors of such
documents to transfer or receive goods thereby
represented, or assignments of personal property to
creditors under proceedings for the relief of indigent
debtors.

CHAP. 142.

chattels."

(b) The expression "personal chattels' means goods, “Personal
furniture, fixtures and other articles capable of com-
plete transfer by delivery, and does not include
chattel interests in real estate, nor shares or interests
in the stock, funds or securities of any government,
or municipal body, or in the capital or property of
any incorporated or joint stock company, nor choses
in action.

(c) The expression "purchasers" means bona fide pur- "Purchasers."
chasers, and includes the assignee of the grantor
under the Indigent Debtors' Act, the official assignee,
or an assignee for the general benefit of creditors.
(d) The expression "creditors" includes execution "Creditors."
creditors, and sheriffs, constables and other persons.
levying on or seizing under process of law personal
chattels comprised in a bill of sale.

(e) The expression "filing" when applied to a bill of "Filing."
sale includes filing a copy of a bill of sale under the
provisions of this Chapter. R. S., c. 92, s. 10 part;
1886, c. 32, s. 7; 1888, c. 23, s. i; 1893, c. 39, s. 1.

FILING, AND AFFIDAVIT OF BONA FIDES.

to be filed

district in which

3.—(1.) (i) Every bill of sale of personal chattels made Bill of sale or either absolutely or conditionally, or subject or not subject in registry for to any trust, and whereby the grantee has power either registration with or without notice on the execution thereof, or at any grantor resides subsequent time, to take possession of any property and in which chattels effects comprised in or made subject to such bill of sale; or (ii) A true copy thereof,

shall be filed in the registry of deeds for the registration district in which the grantor, if a resident of Nova Scotia, resides at the time of the execution thereof, or if he is not a resident of Nova Scotia, then in the registry of deeds for the registration district in which the personal chattels are at the time of the execution of the bill of sale.

or if non-resident

are situate.

Schedule to bill

deemed part

(2.) Every schedule annexed to a bill of sale or referred of sale to be to therein shall be deemed to be part thereof, and shall be thereof. filed with such bill of sale.

Defeasance to

(3.) If a bill of sale is subject to any defeasance the bill of sale to be

deemed part.

1

CHAP. 142. same shall be deemed to be part thereof, and such defeasance shall be filed with such bill of sale.

When copy

filed, copy of schedule or defeasance to

be filed.

Bills of sale,

as against

(4.) If a copy of the bill of sale is filed, such copy shall include a copy of every such schedule and of every such defeasance, and shall be accompanied by an affidavit of the execution of the original bill of sale.

(5.) And every bill of sale shall, as against purchasers purchasers and and creditors, only take effect and have priority from the effect from time time of filing such bill of sale. R. S., c. 92, ss. 1, 2; 1886, c. 32, s. 2.

creditors to have

of filing.

Bill of sale given
as security for
advances, in-
dorsements, or
liability to con-
tain a recital
setting forth
terms, &c., and
be accompanied
by an affidavit
of truth of
recital.

Affidavit also to

state bona fides,

4.-(1.) If the bill of sale is given to secure the grantee: (a) repayment of any advances to be made by him. under an agreement therefor; or

(b) against loss or damage by reason of the indorsement of any bills or promissory notes; or

(c) against loss or damage by reason of any other liability incurred by the grantee for the grantor; or (d) against loss or damage by reason of any liability to be incurred under an agreement by the grantee for the grantor,

such bill of sale shall set forth fully by recital or otherwise, and be accompanied by an affidavit of the grantor stating that it truly sets forth, the terms, nature and effect,

(a) of the agreement entered into between the parties in respect to the advances; or

(b) of such indorsements; or

(c) of such other liability incurred by the grantee for the grantor; or

(d) of such agreement in respect to the liability to be incurred by the grantee for the grantor; and

in all cases the amount of the liability created or by such agreement intended to be created and to be covered by such bill of sale.

(2.) The affidavit accompanying such bill of sale shall &c., of execution also state that such bill of sale was executed in good faith that was not for and for the purpose of securing the grantee,

the mere purpose

of protecting chattels from

creditors, &c.

(a) repayment of such advances; or

(b) against loss or damage by reason of such indorsements; or

(c) against loss or damage by reason of the liability
incurred by the grantee for the grantor; or

(d) against loss or damage by reason of the liability
to be incurred by the grantee for the grantor, under
the agreement therefor,
of protect-

as the case may be, and not for the mere purpose

ing the personal chattels therein mentioned against the CHAP. 142. creditors of the grantor, or of preventing such creditors from recovering any claims which they have against such grantor.

(3.) Such affidavit shall be as nearly as may be in the Form of form "A" in the schedule.

affidavit.

only to take

shall, Such bill of sale and effect, &c., from sale time of filing

(4.) And every bill of sale in this section mentioned as against purchasers and creditors, only take effect have priority from the time of the filing of such bill of accompanied by such affidavit. R. S., c. 92, ss. 5, part, 11 part. 1886, c. 32, s. 4.

affidavit.

as security for

shall be accom

5.-(1.) If the bill of sale is other than a bill of sale Bill of sale given mentioned in the next preceding section, it shall be accom- debt due or panied by an affidavit of the grantor, stating that the accruing due amount set forth therein as being the consideration thereof panied by an was at the time of making such bill of sale justly honestly due or accruing due from the grantor to grantee, as the case may be, that the bill of sale executed in good faith and for the purpose of,

affidavit that
consideration

and
the was dig
was and bill of sale

accruing due

was made in

good faith and by way of

(a) securing to the grantee the payment of such security for amount; or

(b) payment to the grantee of such amount, and was not made for the mere purpose of protecting the personal chattels therein mentioned against the creditors of the grantor, or of preventing such creditors from recovering any claims which they have against such grantor.

payment and

not for the mere purpose of protecting chattels from creditors.

(2.) Such affidavit shall be as nearly as may be in the Form of form "B" in the schedule.

affidavit.

effect, &c., from

(3.) And every bill of sale in this section mentioned shall, Such bill of sale as against purchasers and creditors, only take effect and only to take have priority from the time of the filing of such bill of sale time of filing accompanied by such affidavit. R. S., c. 92, ss. 4 part, 11 part; 1886, c. 32, s. 3.

affidavit.

bill of sale to

6. Where a bill of sale is executed by an agent or Agent executing attorney, duly authorized in writing to execute the same, bike the and such agent or attorney has a personal knowledge of affidavits. the matters to be deposed to, the affidavits mentioned in the next two preceding sections may be made by such agent or attorney. R. S., c. 92, ss. 4 part, 5 part.

RENEWAL OF BILLS OF SALE.

of grantor

-(1.) Bills of sale shall be renewed by filing in the Renewal stateregistry of deeds of the registration district in which the ments of interest grantor, if a resident of Nova Scotia, resides at the time of amount due the renewal, but if he is not a resident of Nova Scotia then on account to in the registry of deeds for the registration district in

and payments

be filed.