H CHAPTER 203. An Act respecting Automobile Repairs. IS Majesty, by and with the advice and consent of the title 1. This Act may be cited as The Automobile Repairs Act. Short 1919-20, c. 86, s. 1. 2. In this Act, unless the context otherwise requires, the Interpretation expression: 1. "Vendor” means any person, firm, company or associa-Vendor" tion selling or offering for sale automobiles on his or its own account. 1919-20, c. 86, s. 2. file list 3. All vendors shall file with the Provincial Secretary on Vendors to or before the first day of February in each year a list of the automobiles which they have for sale, with the prices at which they are sold, both for cash and on credit, and showing also in the latter case the usual length and terms of credit and the rate of interest charged. 1919-20, c. 86, s. 3. file list of 4. (1) Such vendors shall also file with the Provincial Vendors to Secretary annually, on or before the said date, a list of all repairs repairs required for the automobiles sold by them, stating the cash selling price thereof and the places in Saskatchewan where the same may be purchased. (2) It shall be unnecessary to include in such list standard bolts and nuts or straps or other iron or wooden parts usually made by blacksmiths or carpenters. 1919-20, c. 86, s. 4. lists 5. In the event of any changes from time to time in mat- Supplementary ters mentioned in the lists referred to in sections 3 and 4, the vendors shall within thirty days after making such change, file a supplementary list or lists, as the case may be, with the Provincial Secretary, corrected to date. 1919-20, c. 86, s. 5. neglecting 6. Any vendor neglecting to file a list, as and when here- Penalty for inbefore required to do so, shall be guilty of an offence and to file list liable on summary conviction to a penalty not exceeding $5 for every day the default continues. 1919-20, c. 86, s. 6. not to exceed 7. No repair shall be sold at a higher price for cash than Sale price the price stated in the list so filed, as required by section 4 list price or section 5, as the case may be, and any person charging a Warranty higher price for cash for any repair than the price so stated shall be guilty of an offence and liable on summary convietion to a fine of $25. 1919-20, c. 86, s. 7. 8. Every vendor who sells an automobile within Saskat chewan shall be responsible to the purchaser as upon a warranty that all necessary repairs for the automobile sold by him, other than standard bolts and nuts or straps or other iron or wooden parts usually made by blacksmiths or carpenters, will for a period of five years from the date of sale be kept at a place within Saskatchewan to be named in the contract, and that at said place the purchaser will be able to obtain them within a reasonable time. 1919-20, c. 86, s. 8. CHAPTER 204. An Act respecting Fraudulent or Preferential H IS Majesty, by and with the advice and consent of the 1. This Act may be cited as The Fraudulent Preferences Short rifle Act. 2. In this Act unless the context otherwise requires, the Interpretation expression: 1. "Court" means the Court of King's Bench for SaskatCourt chewan. defeat 3. Subject to the provisions of sections 8, 9, 10 and 11 Transfers to every gift, conveyance, assignment, or transfer, delivery over creditors or payment of goods, chattels or effects or of bills, bonds, notes or securities or of shares, dividends, premiums or bonus in any bank, company or corporation, or of any other property real or personal, made by a person at a time when he is in insolvent circumstances or is unable to pay his debts in full or knows that he is on the eve of insolvency, with intent to defeat, hinder, delay or prejudice his creditors or any one or more of them, shall, as against the creditor or creditors injured, delayed or prejudiced, be utterly void. R.S.S. 1909, c. 142, s. 37. to prefer 4. Subject to the provisions of sections 8, 9, 10 and 11 Trausters every gift, conveyance, assignment or transfer, delivery over creditoror payment of goods, chattels or effects or of bills, bonds, notes or securities or of shares, dividends, premiums or bonus in any bank, company or corporation, or of any other property real or personal, made by a person at a time when he is in insolvent circumstances or is unable to pay his debts in full or knows that he is on the eve of insolvency to or for a creditor, with intent to give such creditor preference over his other creditors or over any one or more of them, shall, as against the creditor or creditors injured, delayed, prejudiced or postponed, be utterly void. R.S.S. 1909, c. 142, s. 38. having effect 5. Subject to the provisions of sections 8, 9, 10 and 11 Traustere every gift, conveyance, assignment or transfer, delivery over of preference or payment of goods, chattels or effects or of bills, bonds, notes or securities or of shares, dividends, premiums or bonus in any bank, company or corporation, or of any other prop Transactions deemed preferential "Creditor" to include surety and indorser Bona fide sales protected erty real or personal, made to or for a creditor by a person at any time when he is in insolvent circumstances or is unable to pay his debts in full or knows that he is on the eve of insolvency, and which has the effect of giving such creditor a preference over the other creditors of the debtor or over any one or more of them, shall, in and with respect to any action or proceeding which within sixty days thereafter is brought, had or taken to impeach or set aside such transaction, be utterly void as against the creditor or creditors injured, delayed, prejudiced or postponed. R.S.S. 1909, c. 142, s. 39. 6. A transaction shall be deemed to be one which has the effect of giving a creditor a preference over other creditors. within the meaning of section 5, if by such transaction a creditor is given or realises or is placed in a position to realise payment, satisfaction or security for the debtor's indebtedness to him or a portion thereof greater proportionately than could be realised by or for the unsecured creditors generally of such debtor or for the unsecured portion of his liabilities out of the assets of the debtor left available and subject to judgment, execution, attachment or other process; and such effect shall not be deemed dependent upon the intent or motive of the debtor or upon the transaction being entered into voluntarily or under pressure; and no pressure by a creditor or want of notice to the creditor alleged to have been so preferred of the debtor's circumstances, inability or knowledge as aforesaid, or of the effect of the transaction, shall avail to protect the transaction except as provided by sections 8 and 11 hereof, but independently of the intent with which the transaction was entered into the preferential effect or result of the transaction impeached shall govern. R.S.S. 1909, c. 142, s. 41. 7. When the word "creditor" or "creditors" occurs in any of sections 4, 5 and 6 such word shall be deemed to include any surety and the indorser of any promissory note or bill of exchange who would, upon payment by him of the debt, promissory note or bill of exchange in respect of which such suretyship was entered into or such indorsement was given, become a creditor of the person giving the preference within the meaning of said sections, and such word shall include a cestui que trust or other person to whom liability is equitable only. R.S.S. 1909, c. 142, s. 42. 8. Nothing in sections 3, 4, 5, 6 and 7 shall apply to any bona fide sale or payment made in the ordinary course of trade or calling to innocent purchasers or parties; nor to any payment of money to a creditor, nor to any bona fide conveyance, assignment, transfer or delivery over of any goods, securities or property of any kind as above mentioned which is made in consideration of any present actual bona fide payment in money or by way of security for any present actual bona fide advance of money, or which is made in consideration of any present actual bona fide sale or delivery of goods or other property: Provided that the money paid or the goods or other property sold or delivered bear a fair and reasonable relative value to the consideration therefor. R.S.S. 1909, c. 142, s. 43; 1912-13, c. 19, s. 6 (redrawn). consideration 9. In case of a valid sale of goods, securities or property Transfer of and payment or transfer of the consideration or part thereof for sale by the purchaser to a creditor of the vendor under circumstances which would render void such payment or transfer by the debtor personally and directly, the payment or transfer, even though valid as respects the purchaser, shall be void as respects the creditor to whom the same is made. R.S.S. 1909, c. 142, s. 44. up upon void 10. In case a payment has been made which is void under Security given this Act and any valuable security has been given up in con- payment sideration of the payment, the creditor shall be entitled to have the security restored or its value made good to him before or as a condition of the return of the payment. R.S.S. 1909, c. 142, s. 45. securities 11. Nothing herein contained shall affect any payment Exchange of of money to a creditor where such creditor by reason or on protected account of such payment has lost or been deprived of or has in good faith given up any valid security which he held for the payment of the debt so paid, unless the value of the security is restored to the creditor, nor the substitution in good faith of one security for another security for the same debt so far as the debtor's estate is not thereby lessened in value to the other creditors; nor shall anything herein contained invalidate a security given to a creditor for a preexisting debt where, by reason or on account of the giving of the security, an advance in money is made to the debtor by the creditor in the bona fide belief that the advance will enable the debtor to continue his trade or business and pay his debts in full. R.S.S. 1909, c. 142, s. 46 (redrawn). rescission of actions 12.-(1) One or more creditors may, for the benefit of Suit for creditors generally or for the benefit of such creditors as void trans have been injured, delayed, prejudiced or postponed by the impeached transaction, sue for the rescission of or to have declared void agreements, deeds, instruments or other transactions made or entered into in fraud of creditors or in violation of this Act or thereby declared void; and in case any amendment of the statement of claim is made the same shall relate back to the commencement of the action for the purpose of the time limited by section 5. |