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36 Geo. 3, c. 3.
3, c. 10.
19th sect. L. C. 3 and 4 Vict.c. 31.
31th sect. L. C. 4 Vict. c. 16.
30th sect. L. C. 4 Vict. c. 17.
retailing wine, brandy, rum or other spirituous liquors in this Province, and for regulating the same, and for repealing the Act or Ordinance therein mentioned, and the
sixth section of the Act of the said Legislature, passed in the thirty-sixth year of the 6th sect. L C. same Reign, and intituled, An Act for the safe custody and registering of all Letters
Patent, whereby any grant of the w. ste or other lands of the Crown, lying within this
Province, shall hereafter be made,-and the Act of the said Legislature, passed in the LC 6. Geo. fifty-first year of the said Reign, and intituled, An Act for preventing the Forging and
Counterfeiting of foreign Bilis of Exchunge, and of foreign Promissory Notes and orders for the payment of money,—and the nineteenth section of the Ordinance of the said Legislature, passed in the Session held in the third and fourth years of Her Majesty's Reign, and intituled, An Ordinance to provide for the improvement of the Roads in the neighbourhood of and leading to the City of Montreal, and to raise a fund for that purpose,—and the thirty-fourth section of the Ordinance of the said Legislature, passed in the fourth year of Her Majesty's Reign, and intituled, An Crdinarce for establishing and maintaining better means of communication between the City of Montreal and Chambly,—and the thirtieth section of the Ordinance of the said Legislature, passed in the same year, and intituled, An Ordinance to provide for the improveme it of certain roads in the neighbourhood of and leading to the City of Quebec, and to raise a fund for that purpose, — and so much of the fifty-first section of the Ordinance of the said Legislature, passed in the said year, and intituled, An Ordinaice to prescribe and regulate the registering of Titles to Lands, Tenements and Hereditaments, Real or Immoveable Estates, and of Charges and incumbrances on the same, and for the alteration and improvement of the Law in certain particulars in relation to the alienation and hypothecation of real estates and the rights and interest acquired
therein, as relates to the forging or counterfeiting of any memorial, certificate or enTo continue in dorsement therein mentioned, and all other Acts or parts of Acts or Laws now in
force, at variance with the provisions of this Act, or respecting matters for which this Act provides, shall continue in force until and throughout the thirty-first day of
December in the present year, one thousand eight hundred and forty-seven, and shall Exception. from and after that day be repealed, except so far as any of the said Acts may repeal
the whole or any part of any other Acts, and except as to offences committed before or upon the said thirty-first day of December, which shall be dealt with and punished as if this Act had not been passed : Provided always, that if any person who shall before or upon the said thirty-first day of December, have committed any offence against any of the several Acts hereby declared to be no longer in force or repealed as aforesaid, shall after the commencement of this Act be convicted of the same, and such offence shall have been made heretofore punishable with death, in every such case the
person convicted of such offence shall not suffer the punishment of death, but shall in the punish
lieu thereof be liable at the discretion of the Court, to be kept confined at hard labour in the public Penitentiary of this Province, for any term not less than three nor more than ten years, or to be imprisoned in any Common Gaol for any term not exceeding
And part of 51st sect. L. C. 4 Vict.c, 30.
force until 31st Dereinber 1817, and thercaster to be repealed.
Proviso: as to
ment is death.
* Commencement of ihis Act.
XXIII. And be it enacted, That this Act shall commence and take effect on the first day of January, one thousand eight hundred and forty-eight.
MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.
An Act for the better protection of Merchants and others who may here
after receive Assignments and enter into Contracts and Agreements in relation to Goods and Merchandize entrusted to Agents.
[ 28th July, 1847. ] HEREAS it is expedient to afford better protection to Merchants and others Preamble.
who may hereafter enter into Contracts or Agreements in relation to goods, wares and merchandize entrusted to Factors and Agents; and whereas advances on the security of goods and merchandize have become an usual and ordinary course of business, and it is advisable and necessary that reasonable and safe facilities should be afforded thereto: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lncer Canaila, and for the Gorernment of the same, and it is hereby enacted by the authority of the same, That from and after the passing of this Act, it shall and may be Contracts for lawful for any person to contract with any agent who shall thereafter be entrusted the sale of
with agents with the possession of any goods or merchandize or to whom the same may be consigned, for the purchase of any such goods or merchandize, and to receive the same of the possession and pay for the same to such agent, and such contract and payment shall be binding to
valid, although upon and good against the owner of such goods and merchandize notwithstanding such the purchaser person shall have notice that the person making and entering into such contract or on the set to be whose behalf such contract is made or entered into is only an Agent.
only an agent.
thereof to be
II. And be it enacted, That any such agent who shall be entrusted with the posses- Agents to be si''n of goods and merchandize or of the documents of title to goods and merchardize deemed the shall be deemed and taken to be owner of such goods and merchandize and documents entrusted to for the purposes of such sale or contract of sale as in the first clause mentioned, and therm, for the also so as to entitle the consignee of such goods and merchandize to a lien thereon in timed respect of any money or negotiable security advanced or given by such consignee to and so as to and for the use of such agent, or in respect of any money or negotiable security entitle com received by him to the use of such consignee in the like manner to all intents and pur- toʻa lien for poses, as if such person was the true owner of such goods and merchandize, and so far munies c, as to give validity to any contract or agreement by way of pledge (gage) lien or secu- the agent : and rity bonâ fide made by any person with such agent so entrusted as aforesaid, as well for make valid
contracts of pledge.
Contracts of pledge. Notice of
consideration of the delivery
hath a lien,
to amount of lien in such
Act not to
any original loan, advance or payment made upon the security of such goods and merchandize or documents, as also for any further or continuing advance in respect thereof, and such contract or agreement shall be binding upon and good against the owner
of such goods and merchandize, and all other persons interested therein, notwithstandownership conting the person claiming such pledge or lien may have had notice that the person with
whom such contract or agreement is made is only an agent.
III. And be it enacted, That where any such contract or agreement for pledge lien shall be in (gage) lien or security shall be made in consideration of the delivery or transfer to
such agent of any other goods or merchandize or document of title or negotiable secuof other gools, rity, upon which the person so delivering up the same had at the time a valid and &c., on which“ available lien and security for or in respect of a previous advance by virtue of some the party delivering them contract or agreement made with such agent, such contract and agreement, if bonâ fide provided for.
on the part of the person with whom the same may be made, shall be deemed to be a contract made in consideration of an advance within the true intent and meaning of this Act, and shall be as valid and effectual to all intents and purposes and to the
same extent as if the consideration for the same had been a bonâ fide present advance of Proviso as money : Provided always, that the lien acquired under such last mentioned contract
or agreement upon the goods or documents deposited in exchange, shall not exceed the value at the time of the goods and merchandize which, or the documents of title to which, or the negotiable security which shall be delivered up and exchanged.
IV. Provided always, and be it enacted, That this Act and every matter and thing extend to cases herein contained shall be deemed and construed to give validity to such contracts and party advan- agreements only as in this Act mentioned and to protect only such loans, advances and notice that the exchanges as shall be made bonâ filc and without notice that the agent making such
contracts and agreements as aforesaid has no authority to make the same or is acting pledge, or is malâ fide in respect thereof against the owner of such goods and merchandize ; and acting malà
nothing herein contained shall be construed to extend to or protect any lien (gage) or Nor to antece- pledge for or in respect of any antecedent debt owing from any agent to any person
with or to whom such lien (gage) or pledge shall be given, nor to authorize any agent justity his act entrusted as aforesaid, in deviating from any express orders or authority received from ing against ex- the owner; but that for the purpose and to the intent of protecting all such bona fide
loans, advances and exchanges as aforesaid, (though made with notice of such agent not being the owner, but without any notice of the agent's acting without authority,)
and to no further or other intent shall the owner and all other persons interested in only to a cer
such goods and merchandize be bound.
V. And be it enacted, That any bill of lading, warehouse-keeper's or wharfinger's receipt or order for delivery of goods, or any bill of inspection of pot or pearl ashes, or any other document used in the ordinary course of business, as proof of the possession or control of goods, or authorizing or purporting to authorize either by endorsement or by delivery the possessor of such document to transfer or receive goods
thereby represented, shall be deemed and taken to be a document of title within the Agent posses. meaning of this Act; and any agent entrusted as aforesaid and possessed of any such
document of title, whether derived immediately from the owner of such goods and
merchandize or obtained by reason of such agent's having been entrusted with the possession of
possession of the goods and merchandize or of any other document of title thereto,
shall be deemed and taken to have been entrusted with the possession of the goods and lates, merchandize represented by such document of title as aforesaid; and all contracts
no power to
dent debts of
tions of the
tain extent. What shall be deemed do cuments of title.
sed of such document to be deemed in
the goods to which it re
pledging or giving a lien upon such document of title as aforesaid shall be deemed and Pledging of taken to be respectively pledges (gages) of and lien upon the goods and merchandize ments to be a to which the same relates, and such agent shall be deemed to be possessor of such pledging.com
the goods. goods and merchandize or documents of title whether the same shall be in his actual custody or shall be held by any other person subject to his control or for him or on his behalf; and when any loan or advance shall be bona fide made to any agent entrusted Also contracts with and in possession of any such goods and merchandize or documents of title as such goods or aforesaid on the faith of any contract or agreement in writing to consign, deposit, documents, transfer or deliver such goods and merchandize or documents of title as aforesaid, and afterwards resuch goods and merchandize or documents of title shall actually be received by the ceived with person making such loan or advance, without notice that such agent was not authorized non-authority to make such pledge or security, every such loan or advance shall be deemed and taken of Agent. to be a loan or advance upon the security of such goods and merchandize or documents of title, within the meaning of this Act, though such goods and merchandize or documents of title shall not actually be received by the person making such loan or advance till the period subsequent thereto: and any contract or agreement whether made direct Contracts with with such agent as aforesaid or with any clerk or other person on his behalf shall be with the Agent. deemed a contract or agreement with such agent; and any payments made whether by Payments in money or bills of exchange or other negotiable security shall be deemed and taken to
change, &c., be an advance within the
meaning of this Act; and an agent in possession as aforesaid Possession of of such goods and merchandize or documents shall be taken for the purposes of this Agent to be Act to have been entrusted therewith by the owner thereof, unless the contrary can be consent of shewn in evidence.
bills of ex
the contrary be shewn.
VI. Provided always, and be it enacted, That nothing herein contained shall lessen, Act not to vary, alter or affect the civil responsibility of an agent for any breach of duty or con- responsibility
of the Agent tract or non-fulfilment of his orders or authority, in respect of any such contract,
to his princiagreement, lien or pledge (gage) as aforesaid.
VII. Provided always, and be it enacted, That if any Agent entrusted as aforesaid Agent pledgshall, contrary to, or without the authority of his principal in that behalf, for his own for his own benefit and in violation of good faith, make any consignment, deposit, transfer or deli- benefit, in bad very
of any goods and merchandize or documents of title so entrusted to him as afore- trary to insaid, as and by way of a pledge, (gage) lien and security, or shall, contrary to or be guilty of a without such authority, for his own benefit and in violation of good faith, accept any misdemeanor
. advance on the faith of any contract or agreement to consign, deposit, transfer or deli- Punishment ver such goods and merchandize or documents of title as aforesaid, every such agent offence. shall be deemed guilty of a misdemeanor, and being convicted thereof shall be sentenced to suffer such punishment by fine or imprisonment in the Common Gaol for any term not exceeding two years, or by both as the Court having jurisdiction in such cases shall award; and every clerk or other person who shall knowingly and wilfully act The like of and assist in making any such consignment, deposit, transfer or delivery, or in accept- aiding or ing or procuring such advance as aforesaid, shall be deemed guilty of a misdemeanor, abetting in and being convicted thereof shall be liable at the discretion of such Court to any
of the punishments which such Court shall award as hereinbefore last mentioned : Provided Proviso: nevertheless, that no such agent shall be liable to any prosecution for consigning, de- liable to propositing, transferring or delivering any such goods and merchandize or documents of sccution for title, in case the same shall not be made a security for or subject to the payment of to an amount any greater sum of money than the amount which at the time of such consignment, that due him
deposit by the owner.
liable to be
closed the act on oath in cer
Act not to
rights of the owner to rede: n the
deposit, transfer or delivery, was justly due and owing to such agent from his principal, together with the amount of any bills of exchange drawn by or on account of such
principal, and accepted by such agent: Provided also, that the conviction of any such to be evidence agent so convicted as aforesaid, shall not be received in evidence in any action at law nguinst Agent or suit in equity against him; and no agent entrusted as aforesaid shall be liable to be in any proceedings. convicted by any evidence whatsoever in respect of any act done by him, if he shall Agent not at any time previously to his being indicted for such offence, have disclosed such act convicted, af on oath, in consequence of any compulsory process of any Court of Law, Equity or ir having is Admiralty in any action, suit or proceeding which shall have been bonâ file instituted
by any party aggrieved, or if he shall have disclosed the same in any examination or tain civil pro- deposition before any Commissioner of Bankrupts.
VIII. Provided always, and be it enacted, That nothing herein contained shall preimpair the
vent such owner as aforesaid from having the right to redeem such goods and merchan
dize or documents of title pledged as aforesaid, at any time before such goods and goods, &c, merchandize shall have been sold, upon repayment of the amount of the lien thereon pled yed. or restoration of the securities in respect of which such lien may exist, and upon
payment or satisfaction to such agent, if by him required, of any sum of money for or in respect of which such agent would by law be entitled to retain the same goods,
merchandize or documents, or any of them, by way of lien as against such owner; or Or to prevent to prevent the said owner from recovering of and from such person with whom any his recovering any balance such goods and merchandize or documents may have been pledged, or who shall have from the party any such lien thereon as aforesaid, any balance or sum of money remaining in his were pledged. hands as the produce of the sale of such goods and merchandize after deducting the
amount of the lien of such person under such contract or agreement as aforesaid : Provided always, that in case of the bankruptcy of any such agent, the owner of the
goods and merchandize which shall have been so redeemed by such owner as aforesaid Agent.
shall, in respect of the sum paid by him on account of such Agent for such redemption, be held to have paid such sum for the use of such agent before his bankruptcy, or in case the goods and merchandize shall not be so redeemed, the owner shall be deemed a creditor of such agent for the value of the goods so pledged at the time of the pledge, and shall if he shall think fit, be entitled in either of such cases to prove for or set off
the sum so paid or the value of such goods and merchandize, as the case may be. Interpretation IX. And be it enacted, That in construing this Act, the word “ person
" shall be taken to designate a body corporate or company as well as an individual ; 'and that words in the singular number shall, when necessary to give effect to the intention of the said Act, import also the plural, and vice verså ; and words used in the masculine gender shall, when required, be taken to apply to a female as well as a male; and that the words “ goods and merchandize” shall be taken to include all personal property of whatever nature or kind soever, and the word "shipped ” shall be taken to mean the carriage of goods, whether by land or by water.
X. Provided always, and be it enacted, That nothing herein contained shall be tend to things
construed to give validity to, or in any wise to affect any contract, agreement, lien, the passing pledge, (g"ge) or other act, matter or thing made or done before the passing of this Act;
Provided also, that nothing in this Act contained shall be held to destroy or Nor to affect any right not diminish any other right recourse or remdy not contrary or repugnant to this Act with this Act. which might be enforced according to the Laws of Upper or Lower Canada.
Proviso as to the case of the Bank
ruptcy of the
Act not to ex
MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE DESBARATS,
Law Printer to the Queen's Most Excellent Majesty.