Bill 26 (Legislature 5, Session 4)

L5 S4 9422

Alberta — Bills

BILL No. 26 of 1924.

An Act to amend The Conditional Sales Act. (Assented to , 1924). HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Conditional Sales Act Amendment Act, 1924."

Section 3a is added to The Conditional Sales Act, being

chapter of the Revised Statutes of Alberta, 1922, as follows: "3a. Whenever a registration clerk registers or files any writing under the provisions of this Act it shall be conclus ively presumed that every affidavit required by this Act in COllnection with such registration or filing was made by a pelson lawfully entitled to make the same, and duly set forth such things as are by this Act required to be set forth." 3.

Section of the said Act is hereby struck out, and the following substituted therefor: "5.-

(1) No goods which are the subject matter of a writing registered under the provisions of this Act shall be removed into another registration district unless a notice of the intention to remove is mailed, postpaid and registered, to the seller or bailor at his last known place of address not less than twenty days prior to such removal. "

(2) Any person violating the provisions of sub-section (1) of this

section shall be liable upon

summary conviction to a penalty not exceeding one hundred dollars. "

(3) If any such goods are, after the delivery thereof, removed by the buyer or bailee into another registration dis trict, a true copy of such agreement shall be filed in the registration district into which such goods are removed, within sixty days after such removal. "( 4) If the said true copy is not duly filed in the registra tion district the seller or bailor shall not be permitted to set up any right of property or right of possession as against any purchaser or mortgagee from or of the buyer or bailee of such goods in good faith and for valuable consideration, or as against judgments, executions or attachments against the buyer or bailee." 2

Section 6a is added to the said Act as follows: "6a.-

(1) Nothing in this Act relating to registration shall apply to the sale or bailment of any manufactured goods or chattels of the value 'Of fifteen dollars or over, which at the time of the actual delivery thereof to the buyer or bailee have the manufacturer's or vendor's name painted, printed or stamped thereon, or plainly attached thereto by a plate or similar device: "Provided that such manufacturer or vendor (being the seller or bailor of such goods or chattels) keeps an office in Alberta where inquiry may be made and information pro cured concerning the sale or bailment of such goods or chattels: "And provided further that such manufacturer or vendor 'Or his agent does within five days after receiving a request S'O to do in writing fr'Om any pers'On pr'OP'Osing t'O purchase go'Ods 'Or chattels or fr'Om any actual 'Or intending credit'Or 'Of the buyer 'Or bailee, furnish to him a statement 'Of the am'Ounts (if any) paid there'On and the balance remaining unpaid.

"

(2) The pers'On S'O inquiring shall give a name and P'Ost 'Offi~e address t'O which a reply may be sent, and it shall be suffici~nt if the inf'Ormati'On af'Oresaid is given by registered letter deposited in the P'Ost 'Office within the said five days addressed to the person inquiring at his pr'Oper post office address. "

(3) In the event 'Of the seller 'Or bail'Or n'Ot replying as af'Oresaid, he shall n'Ot be permitted t'O set up any right 'Of pr'Operty 'Or right 'Of P'Ossessi'On retained by him UP'On the sale 'Or bailment, except as aforesaid, as against the person mak ing the inquiry or his assigns, 'Or as against any purchaser 'Or m'Ortgagee fr'Om or of him or them, in good faith and f'Or valuable consideration, or as against jUdgments, execu ti'Ons 'Or attachments against him 'Or them.

"( 4) Any pers'On removing or defacing so as to be illeg ible any name attached t'O any such manufactured go'Ods bef'Ore payment 'Or tender of the am'Ount due in respect 'Of such g'O'Ods 'Or perf'Ormance 'Of the c'Onditi'Ons 'Of the sale 'Or bailment, shall be liable 'On

summary c'Onviction t'O a fine ''Of n'Ot m'Ore than five hundred d'Ollars and C'Osts." 5. This Act shall c'Ome int'O f'Orce 'On No. 26 FOURTH SESSION FIFTH LEGISLATURE GEORGE V BILL

An Act to amend the Conditional Sales Act: Received and read the First time ... " .. , .......... . Second time ................ . Third time ................. . HON. MR. BROWNLEE. EDMONTON: J. W. JEFFERY, KING'S PRINTER A.D. 1924 Title: 1924 (5th, 4th) Bill 26,

An Act to amend The Conditional Sales Act

Document details

Collection	Alberta — Bills
Citation	L5 S4 9422
Type	bill
Volume / chapter	L5 S4 9422
Language	en
Format	json
Source	PROVINCIAL
Identifier	abe4545def0479668c1fb09edb6e073c7f3606d7

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