Particulars as to petroleum held by company to be warehouse receipt, accepted order or certificate, to the endorsee or transferee thereof, subject to the terms and conditions of such transportation or warehouse receipt, accepted order or certificate, as fully and completely as if a sale of the petroleum mentioned therein had been made in the ordinary way; and on the delivery of any petroleum mentioned in such document, by such company, in good faith, to a person in possession of such transportation or warehouse receipt, accepted order or certificate, endorsed or transferred as aforesaid, the company shall be freed from all further liability in respect thereof, and the endorsee, or transferee or holder of every such transportation or warehouse receipt, accepted order or certificate, to whom the property in the petroleum mentioned therein passes by reason of such endorsement or delivery, shall have transferred to and vested in him all rights of action and be subject to the same liabilities in respect of such petroleum as if the contract contained in the transportation or warehouse receipt, accepted order or certificate had been made by the company with himself. 48 V. c. 25, s. 1. 21-(1)In the summary required to be made by any company under the provisions of section 57 of The Ontario Joint Stock Companies' Letters Patent Act, so long as the company carries ment required on the business of warehousing crude petroleum, the following by Rev. Stat. c. other particulars shall be contained in the summary: given in state 157, s. 57. 1. The total quantity of crude petroleum actually held by the company for the purpose of answering such transportation and warehouse receipts, accepted orders and certificates as aforesaid. 2. The total quantity of crude petroleum in respect of which the company as warehousemen, or carriers, are liable to make delivery to other persons. (2) The said section 57 shall as respects the particulars hereinbefore required to be inserted in the summary apply to every other incorporated company carrying on a business of warehousing crude petroleum in this Province, so long as such company carries on the same. 48 V. c. 25, s. 2. CHAPTER 123. An Act respecting Written Promises and Acknowledgments of Liability. ENDORSEMENTS BY PAYEE ON A BILL SECTION 17 OF THE STATUTE OF OR NOTE, S. 4. SET OFF WITHIN STATUTES OF LIMI TATIONS, 8. 5. FRAUDS, EXTENDED TO GOODS TO BE DELIVERED AT Α FUTURE Het Legislative Assemblin of ER MAJESTY, by and with the advice and consent of enacts as follows: required to 1. No acknowledgment or promise by words only shall be Written deemed sufficient evidence of a new or continuing contract memorandum whereby to take out of the operation of the Act, passed in take the England in the twenty-first year of the Reign of King James case out the First, any case falling within the provisions of the said of Limitations. Act respecting actions (a) Of account and upon the case other than such accounts as concern the trade of merchandise between merchant and merchant, their factors or servants; (b) On simple contract or of debt grounded upon any lending or contract without specialty and (c) Of debt for arrears of rent; or to deprive any party of the benefit thereof, unless such acknowledgment or promise is made or contained by or in some writing signed by the party chargeable thereby, or by his agent duly authorized to make such acknowledgment or promise. R. S. O. 1877, c. 117, s. 1. of the Sta ute 21 Jac. i, c. 16. tractors or 2. Where there are two or more joint contractors, or execu- Case of two or tors or administrators of any contractor, no such joint con- more joint contractor, executor or administrator shall lose the benefit of the executors. said Act so as to be chargeable in respect or by reason only of As to ratifica tion of promise non-age. any written acknowledgment or promise made and signed by any other or others of them, or by reason of any payment of any principal or interest made by any other or others of them. R. S. O. 1877, c. 117, s. 2. 3. In actions commenced against two or more such joint contractors, executors or administrators, if it appears at the trial or otherwise that the plaintiff, though barred by the said Act of King James the First or by this Act, as to one or more of such joint contractors, or executors or administrators, is nevertheless entitled to recover against any other or others of the defendants by virtue of a new acknowledgment, promise or payment as aforesaid, judgment shall be given for the plaintiff as to the defendant or defendants against whom he recovers, and for the other defendant or defendants against the plaintiff. R. S. O. 1877, c. 117, s. 3. pay 4. No endorsement or memorandum of any payment, written or made upon any promissory note, bill of exchange, or other writing, by or on behalf of the party to whom the ment has been made, shall be deemed sufficient proof of the payment, so as to take the case out of the operation of the said Act of King James. R. S. O. 1877, c. 117, s. 6. 5. The said Act of King James and this Act, shall apply to the case of any claim of the nature herein before mentioned, alleged by way of set-off on the part of any defendant. R. S. O. 1877, c. 117, s. 7. 6. No action shall be maintained whereby to charge any made during person upon any promise made after full age to pay any debt contracted during infancy, or upon any ratification after full age of any promise or simple contract made during infancy, unless the promise or ratification is made by some writing signed by the party to be charged therewith, or by his agent duly authorized to make the promise or ratification. R. S. O. 1877, c. 117, s. 8. As to represen tation regard of a third 7. No action shall be brought whereby to charge any person ing the charac. upon or by reason of any representation or assurance made or ter, credit, etc. given concerning or relating to the character, conduct, credit, ability, trade or dealings of any other person, to the intent or purpose that such other person may obtain money, goods or credit thereupon, unless the representation or assurance is made in writing signed by the party to be charged therewith. R. S. O. 1877, c. 117, s. 9. party. Consideration answer for an 8. No special promise made by any person to answer for for promise to the debt, default or miscarriage of another person, being in other need not writing and signed by the party to be charged therewith, or be in writing. by some other person by him thereunto lawfully authorized, shall be deemed invalid to support an action, or other pro ceeding to charge the person by whom the promise has been made, by reason only that the consideration for the promise does not appear in writing, or by necessary inference from a written document. R. S. O. 1877, c. 117, s. 10. Frauds, 29 Car. delivered at a 9. Section 17 of the Act passed in England in Statute of the 29th year of the Reign of King Charles the Second, ii, c. 3, extendentitled, "An Act for the prevention of Frauds and Perjuries," ed to contracts shall extend to all contracts for the sale of goods of the value for goods to be of $40 and upwards, notwithstanding that the goods may future time. be intended to be delivered at some future time, or may not at the time of the contract be actually made, procured or provided, or fit or ready for delivery, or although some act may be requisite for the making or completing thereof, or rendering the same fit for delivery. R. S. O. 1877, c. 117, s. 11. CHAPTER 124. An Act respecting Assignments and Preferences by CONFESSIONS OF JUDGMENT, COGNOVITS, ETC., IN FRAUD OF CREDITORS TO ASSIGNMENTS, ETC., IN FRAUD OF CREDITORS TO BE VOID, S. 2. RECOVERY OF PROCEEDS WHERE PROPERTY SOLD, s. 8. Amendment by Court, s. 10. Assignment to be registered, s. MEETING OF CREDITORS, Ss. 16, 17. ASSIGNMENTS FOR BENEFIT OF CREDI- PROOF OF CLAIM, s. 20. TORS, ss. 3, 4. How claims are to rank, s. 5. Appointment and rights of assignee, ss. 6, 7, 11. Assignments to take precedence of judgments, s. 9. ACCOUNTS ΤΟ BE ASSIGNEE, S. 21. PREPARED BY NOTICE OF DIVIDEND SHEET, s. 22. AFFIDAVITS, s. 24. ER MAJESTY, by and with the advice and consent of the as follows: 1. In case any person, being at the time in insolvent cir- Confessions or cumstances, or unable to pay his debts in full, or knowing him- warrants to confess judgself to be on the eve of insolvency, voluntarily or by collusion ments given by with a creditor or creditors, gives a confession of judgment, insolvents to give one pre ference over void. defeat or delay cognovit actionem or warrant of attorney to confess judgment creditors or to with intent, in giving such confession, cognovit actionem or warrant of attorney to confess judgment, to defeat or delay the other to be his creditors wholly or in part or with intent thereby to give one or more of the creditors of any such person a preference over his other creditors, or over any one or more of such creditors, every such confession, cognovit actionem or warrant of attorney to confess judgment, shall be deemed and taken to be null and void as against the creditors of the party giving the same, and shall be invalid and ineffectual to support any judgment or writ of execution. R. S. O. 1877, c. 118, s. 1. Gifts, transfers, etc., made 2. Every gift, conveyance, assignment or transfer, delivery by insolvents, over or payment of goods, chattels or effects, or of bills, which defeat bonds, notes, securities, or of shares, dividends, premiums or prejudice creditors, to be or bonus in any bank, company or corporation, or of any void. Assignments for benefit of 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, delay, or prejudice his creditors, or to give to any one or more of them a preference over his other creditors, or over any one, or more of them, or which has such effect, shall, as against them, be utterly void. 48 V. c. 26, s. 2. 3.-(1) Nothing in the preceding section shall apply to any creditors and assignment made to the sheriff of the county in which the debtor bona fide sales, resides or carries on business, or to another assignee, resident etc., protected. within the Province of Ontario, with the consent of the Proviso. creditors as hereinafter provided, for the purpose of paying ratably and proportionately and without preference or priority all the creditors of the debtor their just debts; nor 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 gift, 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. (a) In case of a valid sale of goods, securities or property, and payment or transfer of the consideration or part thereof by the purchaser to a creditor of the vendor, under circumstances which would render void such a payment or transfer by the debtor personally and directly, the payment or transfer, |