1915 CHAPTER 27 An Act to amend The Pharmacy Act. [Assented to June 24, 1915.] IS Majesty by and with the advice and consent of the Legislative Assembly of Saskatchewan enacts as follows: 1. Section 27 of The Pharmacy Act, being chapter 32 of the statutes of 1910-11, is amended by adding thereto the following words: "Provided that, subject to the provisions of section 22 of this Act, the council may, by bylaw, require further that such candidate, before presenting himself for examination, shall produce evidence that he has attended one or more courses of lectures upon the subjects hereinbefore mentioned at some regular college or school of pharmacy within Saskatchewan, recognised and approved of by the University of Saskatchewan. Short title "Implement" "Large implements" "Small implements" "Vendor" Application of Act Vendors to file list of large implements annually List to contain selling price, terms of credit, etc. 1915 CHAPTER 28 An Act respecting the Sale of Farm Implements. H [Assented to June 24, 1915.] IS Majesty by and with the advice and consent of the 1. This Act may be cited as "The Farm Implement Act." 2. 1. "Implement" in this Act shall mean any and every implement or machine used or intended for use upon any farm and shall include all engines, threshing machines, ploughs, binders and mowers; 2. "Large implements" shall mean and include traction and portable engines of any kind for the production of power upon farms, grain separators, engine ploughs and engine discs, and any other implement that may be declared by the Lieutenant Governor in Council to be a large implement within the meaning of this Act; 3. "Small implements" shall mean and include mowers, binders and generally all farm implements other than those mentioned in paragraph 2 hereof; 4. "Vendor" means any person or company selling or offering for sale implements on his or its own account. 3. This Act shall apply to the sale of all implements in Saskatchewan. 4. All vendors selling or offering for sale large implements in Saskatchewan shall file with the minister of agriculture on or before the first day of February in each year a list of the large implements which they have for sale, with a description of each said implement, showing in the case of engines the horse power of the same, both at the brake and on the drawbar, and in the case of implements driven or operated by engine power the amount of horse power required to drive or operate such implement. (2) Such list shall also contain the price at which the said implements are sold at retail, both for cash and on credit, and shall also give the usual length and terms of credit and the rate of interest charged. file list of ments annually 5. All vendors selling or offering for sale small implements Vendors to in Saskatchewan shall file with the minister of agriculture small impleon or before the said first day of February in each year a list of all implements which they have for sale with the price 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. annually 6. All the aforesaid vendors shall also file with the said Vendors to file list of repairs minister annually on or before the said date a list of all for implements repairs required for the implements sold by them, stating the cash selling price thereof and the places in Saskatchewan where the same may be purchased. not to exceed 7. No repair shall be sold at a higher price for cash than Selling price the price stated in said list so filed, and any person charging list price a higher price for cash for any repair than the price so stated shall be guilty of an offence and be liable on summary conviction to a fine of $25. sale of large to be in 8. No contract for the sale of any large implement shall Contracts for be valid and no action shall be taken in any court for the implements recovery of the whole or part of the purchase price of any writing such implement or of damages for any breach of any such contract unless the said contract is in writing and in form A in the schedule to this Act and signed by the parties thereto. sale of small 9. When small implements are sold upon credit the con- Contracts for tract for the sale of same shall be in writing in form B in implements the schedule hereto. on credit sale of 10. When second hand implements are sold upon credit Contracts for the contract for the sale of the same shall be in writing in second hand form C in the schedule hereto. implements to be in writing 11. Form C in the schedule hereto shall not be used for Use of form C the sale of new implements, and in case such form is so used restricted the contract shall be void at the option of the purchaser. 12. Form A in the schedule hereto shall not be used for Use of form A second hand or rebuilt implements, but in case such form is restricted so used then the same shall be conclusive evidence that the implement so sold is or is warranted to be a new one. be read and before 13. In the event of the purchaser not being able to read Contracts to in the English language the contract shall, before it is signed explained by him, be read over and explained to him in a language signature which he understands, and in such case the burden of proving that the said contract was so read over and explained to him shall be upon the vendor. Contract Payment to vendor's agent deemed payment to vendor Proviso Lien note for unpaid pur chase money Effect of lien note Procedure on repossession by vendor 14. The signing of such contract by the purchaser shall not bind him to purchase the implement therein described until the same is signed by the vendor or some agent of the vendor authorised to bind him or it and a copy thereof is delivered to or deposited in a post office addressed to the purchaser, postage prepaid and registered. 15. Any purchaser of farm machinery may make any payment, whether due under the contract or under any note given thereon, to the agent of the vendor from whom the purchase of the said machinery was made or to any other sales or collection agent of the vendor in Saskatchewan, and receipt of such payment by such agent shall be deemed to be receipt by the vendor: Provided that the vendor may at any time notify the purchaser in writing by registered mail of the name and address of the vendor's agent or agents in Saskatchewan to whom such payments may be made, and thereafter all such payments shall be made to such agent or agents only. 16. The vendor of an agricultural implement shall have a lien upon the same for the unpaid purchase money only in the event that such lien is specified in a lien note taken for the purchase price or balance of the purchase price thereof. 17. Where the vendor takes a lien note and complies with the provisions of either sections 1 and 2 or section 11 of The Act respecting Lien Notes and Conditional Sales of Goods, the property in and title to the implement shall remain in the vendor until full payment of the purchase price. The purchaser shall have the possession of and the right to the use of the implement, but during such possession and use the said implement shall be at the risk of the purchaser as to damage and destruction from any cause, and in the event of its damage or destruction the purchaser shall remain liable for the full purchase price of the same. Upon default being made in the payment of any instalment of the purchase price, or in the event of the purchaser absconding, the vendor may take possession of the implement and shall be entitled to deal with the same thereafter as he may see fit without being liable to account to the purchaser in any way whatsoever, save as is provided by subsections (2), (3) and (4) hereof. (2) In the case of the vendor repossessing any such implement, the said implement shall, in every case where the implement is a large implement, and where the implement is a small implement in the event of the vendor and purchaser being unable to agree upon the value of the same, be appraised forthwith by two arbitrators, one to be appointed by each party and a third arbitrator to be appointed by the other two, and the amount of the value placed upon the said implement by the arbitrators shall be credited to the purchaser and shall be deemed to be paid by the purchaser to the vendor, and in determining the liabilities of the parties to each other after the aforesaid repossession account shall be taken of any sum left owing by the one to the other after the crediting of the said amount to the purchaser. of value by (3) In determining the value to be placed upon the imple- Determination ment the arbitrators shall make allowance in favour of the arbitrators vendor for any sum which they may deem reasonable to cover the costs necessarily incidental to a resale of the said implement; provided that the said amount shall not in any case exceed ten per centum of the actual value of the imple ment. found due ment may (4) If upon the taking of an appraisement, as provided Amount by the next preceding subsection, any amount remains out- on appraisestanding to the credit of either the purchaser or the vendor, be sued for the person entitled to such amount may sue for and recover the same in any court of competent jurisdiction. (5) The provisions of The Arbitration Act shall apply Arbitration to any arbitration proceedings under this section. Act to right to outfit 18. Where the purchaser purchases several implements Purchasers at the same time from the same vendor, whether by one or reject where several orders, and it is reasonably apparent that the said purchased several implements were intended to form part of the one outfit, then and in every such case the purchaser may, upon the happening of any event which under this Act and the forms hereto would give him the right to reject any one of the said implements, reject all of the same. of large im implement where earnings purchaser plement Upon the notice in implement to be given 19. No assignment of the earnings of a large shall be acted upon until the vendor delivers to the a notice in writing that he claims such earnings. taking effect of such notice all the earnings of said for the then ensuing season shall belong to the vendor, who shall thereupon be liable for the collection of the same and for the payment of the wages and the fuel and the other running expenses of the implement. assigned writing is a threshing (2) In case the machine is a threshing machine the ven- Where dor shall have the same lien upon any grain threshed as the implement thresher would have under The Thresher's Lien Act and may machine sell the same to realise the amount due thereon. earnings (3) In the event of the earnings being produced jointly Division of by two or more implements, sold by different vendors and camed by who have given the notice provided therein, the said earnings two or more shall be divided amongst them pro rata according to the value |