« PreviousContinue »
of the probate thereof, or of letters of administration thereof, with the Will annexed, having been granted ; and such copy of the Will under the hand and seal aforesaid, certified as aforesaid, may be registered in the Registry of Deeds in any of the Counties of this Province as other conveyances are registered, and the same when so registered shall have the same effect as if the original Will had been registered therein, and a certified copy thereof shall be admissible in evidence in the same manner as a certified copy of the original Will, if registered, would be ; and that for the purposes for this Chapter it shall be immaterial whether the papers authenticated as hereby required, were so authenticated before or after the passing of this Chapter, and that any copy of a Will authenticated as required by this Chapter, and heretofore registered in the Registry of Deeds in any of the Counties of this Province, shall be deemed and taken to be duly registered, and to have the same effect in all respects as if registered after the passing of this Chapter.
REGISTRY OF BILLS OF SALE. Section.
Section. 1 Every Bill of Sale to be filed in 4 Discharge or satisfaction of Bills Office of Registrar of Deeds.
of Sale, how acknowledged. 2 Defeasance (if any) to be filed 5 Fees of Registrar. therewith.
6 Constructiсn of terms. 3 Registrar to keep a record of all
Bills of Sale. 1. Every Bill of Sale of personal chattels made after this Chapter comes into force, either absolutely or conditionally, or subject or not subject to any trust, and whereby the Assignee shall have power either with or without notice on the execution thereof, or at any time subsequent, to take possession of any property and effects comprised in or made subject to such Bill of Sale, and every Schedule annexed thereto or therein referred to, or a true copy of such Bill of Sale and Schedule, shall be filed with the Registrar of Deeds and Wills of the County or District where the maker resides, (and in case a copy be filed, the same shall be accompanied by an affidavit of the execution of the original Bill of Sale), otherwise such Bill of Sale,as against subsequent purchasers, the Assignee of the grantor under any law relating to insol. vency, or insolvent, absconding or absent debtors, or an Assignee for the general benefit of the creditors of the maker, or as against the execution creditors of the maker, or any Sheriff, constable or other person levying on or seizing the property comprised in such Bill of Sale under process of law, shall only take effect from the time of filing thereof.
2. In case such Bill of Sale is subject to any defeasancr, the same shall be considered as part thereof, and such defeasance or a copy thereof shall be filed with the Bill of Sale or copy, otherwise such Bill of Sale shali be null and void as against the same persons, and as regards the same property and effects, as if such Bill of Sale or copy thereof had not been filed according to the provisions of this Chapter.
3. The Registrar of Deeds shall cause the Bills of Sale, or copies thereof, and defeasauce so deposited with him, to be numbered and indexed, and an alphabetical list thereof to be made in a book to be kept by him for that purpose, containing the name and description of the grantor and grantee, the date of execution and filing, and the sum for which the same has been given ; and every Bill of Sale and copy may be inspected by any person paying a fee of twenty cents therefor.
4. When a Bill of Sale shall have been discharged, an entry of such discharge may be made in the Registry list upon the production of a certificate from the holder of such Bill of Sale duly attested to by the oath of a subscribing witness made before the Registrar of Deeds or any Justice of the Peace, or otherwise, as required for the registry of deeds of real estute, and such certificate shall be indexed and entered in the list and on the file kept by the Registrar, or the holder of the Bill of Sale may appear before the Registrar of Deeds and sign a memorandum of discharge in presence of the Registrar,either on the Bill of Sale, or the copy filed, or on a separate paper, and such Registrar shall subscribe the same as a witness; and the said certificate shall be indorsed and entered in the list of Bills of Sale kept by the Registrar.
5. The Registrar shall be entitled to twenty five cents for his trouble in filing, indorsing and entering every Bill of Sale and copy, and to twenty cents for administering every oath under this (hapter, and to twenty cents for entering and indexing every certificate of discharge of a Bill of Sale. 6. In construing this Chapter, the following words and expressions shall have the meaning hereby assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say :-The expression “Bill of Sale” shall include bills of sale, assignments, transfers, declarations of trust without transfer, and other assurance of personal chattels, and also powers of attorney, authorities or licenses to take possession of personal chattels as security for any debt, but shall 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, marriage settlements, transfers 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 ports or at sea, bills of lading, warehouse keepers' certificates, warrants or orders for the delivery of goods, or any other documents 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 possessor of such documents to transfer or receive goods thereby represented, and assignments of personal property to creditors under proceedings for the relief of insolvent debtors: The expression “personal chattels” shall mean goods, furniture, pictures and other articles capable of complete transfer bydelivery,and shall not include chattel interest in real estate, nor shares por interests in the stock-funds or securities of any Government, or in the capital or property of any incorporated or joint Stock Company, nor choses in action.
STATUTE OF FRAUDS. Section.
Section. 1 What promises, &c., bin ling. 6 Infant's promise ; how ratified. 2 Written guarantee not to be in- 7 What leases to be in writing.
valid because no consideration 8 Interest in lands; how assignable. is stated.
9 Declarations of Trust; when bind. 3 Guarantee,how affected by change ing. in firm).
10 Trusts : how granted or assigned. 4 Contracts for sale of goods; when 11 When execution shall bind goods. binding.
12 When heir not chargeable. 5 Representation as to credit, &c.; when binding.
1. No action shall be brought to charge an executor or administrator upou any special promise to answer damages out of his own estate; or to charge any person upon any special promise to answer for the debt, default, or miscarriage of another; or to charge any person upon any agreement made upon consideration of marriage, or upon any contract, or sale of lands, or of any interest therein, or upon any agreement that is not to be performed within one year from the making thereof; unless the agreement upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person authorized by him.
2. No special promise to be made by any person after the ninth day of April, A. D. 1860, to answer for the debt, default, or miscarriage, of another person, being in writing and signed by the party, to be charged therewith, or some person by him thereunto lawsully authorized, shall be deemed in. valid to support an action, suit, or other proceeding, to charge the person by whom such promise shall have been made, by reason only that the consideration for such promise does not appear in writing, or by necessary inference from a written document.
3. No promise to answer for the debt, default, or miscarriage, of another, made to a Firm consisting of two or more persons, or to a single person trading under the name of a Firm, and no promise to answer for the debt, de?ault or miscarriage of a Firm consisting of two or more persous, or of a single person trading under the name of a Firm, shall be binding on the person making such promise in respect of any thing done, or omitted to be done, after a chauge shall have taken place in the constitution of the Firm, by the increase or the diminution of the members thereof, unless the intention of the parties that such promise shall continue to be binding, notwithstanding such change, shall appear either by express stipulation or by necessary implication from the nature of the Firm, or otherwise.
4. No contract for the sale of any goods, wares, or meschandize, for the price of forty dollars or upwards, shall be good unless the buyer accept and receive part of the goods so sold, or give something in earnest to bind the bargain, or in part payment, or unless some note or memorandum in writing of the bargain be made and signed by the party to be charged thereby,or his agent, whether such goods are actually made or ready for delivery, or are intended to be made or delivered, or both, at some future time, or not.
5. No action shall be brought to charge any person upon or by reason of any representation or assurance made or given concerning or relating to the character,conduct,credit,ability, trade, or dealing of any other person, to enable such other person to obtain money or goods upon credit, unless such representation or assurance be made in writing, signed by the party to be charged therewith.
6. No action shall be maintained whereby to charge any person upon any promise made after full age to pay any debt contra ted during infancy, or upon any ratification after full age of any promise or simple contract made during infancy, unless such promise or ratification be made by some writing signed by the party to be charged therewith.
7. All leases, estates, or other interests in lands, not put in writing, and signed by the parties, or their agents thereunto lawfully authorized by writing, shall have the force of leases or estates at will only, except leases not exceeding the term of three years.
8. No interest in lands shall be assigned, granted, or sur. rendered, unless it be by deed or note in writing, signed by the party assiguing, grauting, or surrendering the same, or by his agent thereunto lawfully authorized by writing, or by act and operation of law.
9. No declaration or creation of any trust in lands shall be valid, unless it be in writing signed by the party entitled to declare or create the trust, or by his last Will; except trusts arising or resulting by implication or construction of law, or which may be transferred or extinguished by act or operation of law.
10. No grant or assignment of any trust shall be valid unless it be in writing, sigued by the party granting or assigning the same, or by his last Will.
11. No writ of execution shall bind the goods of the party against whom it is sued forth, but from the time it is delivered to the Sheriff to be executed, who shall endorse thereon the day of the month and year he received it.
12. No heir who shall become chargeable by any trust