The Ontario Scrapbook Hansard

[Conditional Sales of Chattels], 6th Parliament 2nd Session, p. 1

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Eriiii' -.,. -- k "'iriiri'i5'iii"iii"ii"iriii,Td ---..-.--_ .:,..'?. gar-4;. was MFr5tet "W 'l. r. 7iiiiiiihiu1 stood sponsor-for l i 1%l IN , tr d to. real property, end the tenency o . the bill. Since then he had modiiU.d his View- J, all legislation in regard to personal I considerably, and in doingso was jusittired by -' . ___": - ' property was that the possessor and apparent '. the legislation in Connecticut, New York and .' . W' . ', owner should be the real owner for tho pur- l, Manitoba, all of which had retraced their 'ttrl I amdnt, Secont. poses of sale, and when the possessor and up- I steps ' and therefore Ontario had acted wisely . parent owner was not tho real owner for the i in not legislating too speedily. The New York , Session. g untime- of sale, notice of the fact must be ' Legislature had, however, provided that the u of PV!"' to the world by the registration of on lien should not obtain unless the vendor de- l ---...._--... , instruinentsettiiig out thatfact. If . person f "osited with the veudee a. copy of the agree- w: IBr Our Own Reporter.) borrowed money, giving personal property as ' atent of sale. He read the New York statute r P.' FRIDAY March 9 1888. Bounty. o chattel mortgage had :nd the provisions in force in Connecticut. T a, , ' so " E.YECUTED AND REGt,M'F.RED. . Chose stiles conditionally made were not ob. Upeolter took the chair " three o'clock. l When the - of goods in possession trans- sietionable, exec-pt for the clandestine manner b' FIRST READINGS} l erred the property in goods to another, but; m Wllinli agents procured signatures. If a following billswere introduced and read '. etained possession of the goods himselt, the pur.c.hyer, alter knowing he had made tsue.h, " l - time _ l inrcliiiocrmust give notice to .the w.orld by conditional purcl'sc, in fraud sold the.. article, _ ' nd th ll . . l A . M Le the registration of." hill ot sale, showing that he is the wrongooer, and not the manufacturer. i - . * unimpn et-. r. " the possessor and lormer owner was not the He referred to the anomaly of mortsaged , 'Illlend the Act entitled an Act to realownor, in order to protect goods from 'prupetrty---tuty a valuable harm, - being I [r to wives and children the benefit ot creditors of former owner, as well as from ia. "1'0"ng into this country from the United ittrauce--Mr. Guthrie. ', ',r,"t'ieheh't,yctt, pilll'clllitsel's from him. But plates}, '/d 1',,yrif1Fr, or tir:,f,i,"e Ttn"tg!g,ui,'iti, _ . . . l " t io aw now stout tie comer of code or mm; W torc'tW, 1 an It? 10 e "I n "10 was P""'"'. the hrlunwipnl Act-'MT- Balfour. possessor might transfer possession 'tor,,",,")'",",.', transferred from one couuty to another, the THIRD KL.\DIL\in. ' and yet retain property in goods in him. iiiortgngo Gd to be refited in that county to following bills were read a. third time:-- self until the happening of it certain S', hich the mortgaged artielo was removed. . incorporate the Peterborough& Uhemong event in the future, Via, the my. Ite trusted the committee would carefully Railway Company --Mr. Leys. ment in full of tho purchase money /aurd the general interest of the community, " hing 1i portion ot the boundary between by instalments, as agreed upon, and then, and ll view of the legislation in other countries, wn of Sandwich and the Township of not till then, does property or goods pass from ml not go further than the law now in force 1 r ich West --.'.lr. linli'our. the trans-terror to the trumieru. in tin .11 New York and Mandolin. , . TIIE LtNb'. li'rlNL'ES ACT. meantime, however, the possessor and :ippui Mr. O'CUNXUB cla'yn.ed that tl"' law " it I FRICiCu asked whether the attention tut owner may vend and sell thesu gools t at present tuyyis " UPP".' and shows of agood ' Attornev.Gumeral has been drawn to the innocent purchasers, aud,the law provided to deal of lytrdsliir' find iulustif5. and quo.ted .. elation placed upon the words " we". ' way by which the purchaser could "ie""" several instances in support of " contention. . . ll, 'f ds ., ill attb.svctian 1 oi section 2 of the that the possess" and apparent, oF'""' ", no . He mentioned OllB case where the tmstt.ufte' i Fences Act, whereby, as contended by l the rernl f'""err"' ryylpa.bl.e detect "mum: l'lll'cl' of some sold it, painting upon it the , T.'. County Cort Judges in appeal, the l which tended to hardship. injustice and post "Mlle of the purchaser, Pe to show who was Act is rendered iiiigstory I the "we" ( tire fyuuitaud to p-rowde a remedy for tin the real owner of the article. "is y.e,rft'.y . . 'Act being tnsniiwrtly toprovide a "all" I Was the primary o'iJuci oi this bill. aiterwarns sold it to another puny, who had ' I " eing ttuenclosed lands whereas by l Cages such its he had rcfei'rml to were con. no kao.wledge. of the lieu that was held upon , bl ubcsectiun it H ' .31 l Lu r, ltuiitly cropping up, and many found thai, it by the original seller, and who, although In rr ." ' prov" e. t ctt t At ., . . ' . . .. _ . .. aid in full the man from whom he purchased l ", ll not imply to "uv.etwlosusd lands " we} into the Courts, but iii every instiiiise tin PW T . ' . ' . BE ' .ony "may wereproposcd. ' lieu-holder had the advantage, and tin the we. had afterward to pay thssirt'i1.prife ot ['. " LE U. M0WA'l' said m thought his hon. srcussrn' r01: I:,.\,,._m_u 1ary;FLA'rr0N che sale to the manufacturer. Another instance ' H Wits not correct in n-"uiniu ll . t th in the. premises haul bec.ufr-mtlv LOXlllllCllte "".". where a party put'chyy1 . reper upon _ . a " .-- g m _ ,'° . . , ...".: J , _ high there w as a lion without haViu b' know. ?! u rendered nugatory bv reason oi the on by judges in tin.- Damion audCouut , . 5. . . r ra ttation poi'itcid out That WAS' the Courts, and by the Superior Court judges a ledge Of the be?" .a.nd after he had_ohtaincn g i" of some judges LT others "Pill. ( uite l well. :nowlcdgc oi the lien sold it to a third party, f) Ith ut view. hi a'nv cute in: Cla'i"/2'd"t"//l't The system of lirm notes: or hire receipts fo, "I" Was "em,')OLH-m to.pay the. full peel" TI g- _ , th . '.' . . r icl t di a". 1- oi laud become all lout mi the reaperat the time ne so disposed oi it. I r tot the Act Wis actually secured in . tic N ttsy e" l . t , TI l ., . t, ti 'ar t o t sh wthe- Fig t majority of mm," wrsul amongst IIutttv.titclitt'er", and tlealers,txud "C tUU. mm! "m nen we.n n o . o . ; , , FA ' - , . . ", N t , NrN it mattered not how much u lll'ill mi: ht have pt'osetit practice of manutacturers in taking , RUlNG ("Hill PI PRACTICES. . . . . ' . W T 'i- te tshowed that under the resent Ta B, " . ' , . . paid for an artFlein goon Hill", or how long ""u liO eB. tuit ' p . il. , r l, Hrrhr:1 dished whether it was the he might have had it in his poisoysiou, if one system the wsyuoiacttutr.took not only it lieu i . w of the. Ministry P in.tro.duct.dur.iuw oi the" licu notes was W, tite nrtieie wa'. upon the implements sold and the tseeurity.of , l ' T ". l 335310;) legislutioii Ts clue 1.li.rr'ctiyn I ruthlessly tidien 'rro'-ai'r"i!ci" oi isy the licli- tilt: endorscr, bat also under the same MV f T, BW, .m. mg. tha '"? erlty oi penalties for ' holder, and the \'li'lllii, tho innocent. pv.rchaser, struinent took a. mortgage upon tiys . - ' arm-tires "P,""F'F'm' l in most instances was lett without any re- 'say.d. . ot the purchaser, and m , ' _- Moy. AI tii"". ttt ruply ..-Wu, Gve 1 course wutevor. ("new oi tlr, most nuamvut- addition to that a mortgage upon cr r, ra ti0i..oi y"ro,"uri,N.tiuring the prawn-ill. l ed Gunner had i:olue u.udvt his mm ;,',,-c,.,.". THE LAND or run rxnonsrm ' '3 a, _ uny'iurtucr "c.islation Oit the subjccv tion, and dor.cns more had in.- tlt ver,v-i.'tiy rc- if the note. (Several members, " No," "no.") ar .. ted m the 1ul""/.1t".. ported to him. involving iliour-iuids of dollars. Hon. gentlemen might shout 66 no," but he . .f- 'it,' PULL TA I Joi. He need not n'cttri/uiate thym h.ere, of» in! pre- lad the document in his hand and could show D ii, .. mill/t Morel iot. an order of the House sinned there were icw iiicmucrs in tin: Blouse gum that the ordinary form of a lien note l , i Urn "lzou in; thc union": received iron: ' hu.t could rCrylily rccsll vet-M it: lliczr own i'Ull' 'iiitiiiiied clauses which proved his argument. ' ' Ln I a in each city. town and "may: in the | statuenoics iilusututm:.,t the uvil.st ot the systei-i. " he hon. gentlemen went on to show that .' 1. MI e ioi the your 19%. l He held, "uncover. that the eff Arm WM '(iple were extending this system into ever" . " motion was cat'tucti. l wrong,_becnu.~-: it gave icml protein ion to and elation of mercantile life, so that when " I -.ITION;\L 531.13 or' CHAT'FELQ' I n,aait.tttined l Ily,:.' Pl preferred Till.: to :urso was Silld. or almost Yr, article in com- I '.g - ., . os.t' ' H . . he injury Cd egztimiite trade. Ct.' u Ler, _ ._:(:u use, a ion note was mien u on it. and it i ' i E a'/A2i,i,1.,.i"/:vut"l,,t":.'o,'Ci'tt, 'leaglil'fi of the. butcher. the '/"oc'r'. the dry-goods man, i Lad in consequence become. absoxlutoly unsafe h al a i'il, said he was inclined tli,c"i'.",':i1/.f, ; the tailor and tlt'-'.iurrsc'.t' were placed at a div l for any . person to buy any article '3 1 a» matter from T mm couviAion otitt Onondaga-us their goods, win-ii parted Will]. I not . knowing but what there may in 2 . r . tion in tue direction iudiuxted in :he ' yolit into "tyr'"""' y'"'?")"".", luuwe lit) l a lieu tipo'n ll, and . being withouh ", a E - . is nrgcnth mum" in the pulu'ic lifui could In: 1?y.f11'?,. f,',y.1,.,.t,/Cly., wine power to nun out whether tncre was." not. h' was . t, and iron. the fact tint. the bill in the 1'yff1 ". l' m mun) t.'itTf , s".!'.).',"" in Lit": (it In other limiters relating to the sale ot goous I'. 2 - P. direction introduced lust session iell to yee.T "on". .f"flra.yy.?l.'1".t.'i. WW? J" 't'hl'mlvm and chattels or the borrowuig of money upon il . 4 ., ' F, unit ltergel.v on acioittit of the iateucrs y/fe,..'.'.",) , fill '1..,t'ylr.', /l.'y,"/"t.r" (r'.'". . prtrue" l the 'iciurttV ot goods tb Plougag" itrequted ,. " . time at which it this introduced. and tite supplying "w t'UY' 1tr.'.clrirV,u'ir 'r, ot memore I under the present law, giringiull notice to the a , . ty experienced in guttm ' to ritl . J Lr.l"t' or T 1;; Till? mm ', whole world of the transaction, and something Re . 'd b' F"? m " It miaht 'ossilrl: mrtail to ti -' . v'ir'ht ("It '., t _ of the same kind would onlv be ro e i thc &1 ... oi the members of inc special ccm- ", 's f a - t ' ' . "Y', r& D .. F." _. . . p p r n ld i d a . to whom the billuas reicrrmi. but Birth" ot some snip. zillions "rt,"'"", now (im- ', mutter oi the lien notes. He did not. agree 2 ll . i ll failing in this rrgurd. the merits and vos.te1.of on H." instalintm.t Plrtil, ly,: l,W tll: w.j.tlt ttie provision of th.e bill requiring 'HI . . " *tsof tho bill were "everthelcss pretty sntished lll'l'. mil-i --i' ho my: v Would Is., -!..,-:i~ aih1lavs1 of execution being made before the l l ll ' . hly dismissed and which" by l to legitimate trade, while he. felt sanguine it t.vgl.stetltyg (ii the ,llcu' or tl COPY rf " I c m of manufacturers and doulers loom-l pronoun 1utport:rut factor in arresting v 't P.. ,t.?1e,Sy,1,.e,t,y Court, but .mouin' 'l -. " led in opposition. and he was not do"), _ I growing cril and in placing the ijllslliCSS oi tho We hulls." the lien note or a copy of itshould _ " a ' w, it was so discussed and criticised, be. comm." closer to n. cash basis. 2dr. Nair; be sttftiuiotit. In the latter event the total 1 li ' it enabled him to recent and remodel the I then.e.xplaiued, the provisions of the bill, whiei "at to the manufacturer would not be mere , r ' . _ bill, od, att he had supposed, to provide that all lim: notes shall be registered, Ella" ten cents on each transaction, and a mat. . r ' F ' itmlly remove and overcome objectionable W' if not that tt notice shall be put on the ar or ot ten cents would be nothing upon the sale l w" _ Pd . " pointed out by the nrawctucturers, but "Flo Shmv.'"g that it is disposed oi under pro if any one agricultural implement, although . lit rd /urndusurtvtion he had recently witnessed "mm" ot his bill. Ho further said that H; the manufacturers tnlkcdagrest dad of the , the petitions which had since deluged the c9nscqueipc° of facts which had been adduced enormous cosi they would be put to in one the i , _ convinced him tGtnothitra snort of the since the introduction of the bill he was will- l hill became ow. He wanted to have the bill .. . i "waioi the entire bill WOW; be satis. ','..'.'5, to modify this, so for us manufacturers ret) .tyu.,srySt,ipct,p,ed, referred to committee. b' ' berry to them. While he was willing to coir I l were y'.oncorytsd., tu.tlie busis of tho bill now in Hon. M!" ti I.l-1s.ifR, will it seemed to hp? to t , ' ' .. something reusouublc to the 'mauufactur. ' . operation ttt Manitoba, which provides that be conclusrve that if the Estates of Connecticut I , I . he held that his duty in this House Watt , l manufacturers must place their names on all and New. York and the Province of Mnnitobs, 1 A" ', . -islote in the interest oi the People as it . l articles under lion. uotem, and under a penalty after trynig such a law as this, had I. h' ' ole. and not in the interest oi uiiv b? prepared to trivet all necessary information . 1ttW.MKO I? REST To Rir.PEAL " 3i, "t tiPEU'iAL CLASS or run c'0M.1lUNi'l'Y, when called upon. He also and that if the such legislation, it would beuuwise for Ontario 3 ' ti I cannot be denied that through the laxity bill "M "lulled to pass a second reading he .u.' try it. The promoter of the bill, moreover, , 1" t the law, as it now stands, as" of great l pus pretplnred R. committee to make any other himself alleged that three-fourths of the busi- ', Whip. injustice and positive frauds Were l cilia?!" ned"',',','.',.,",?,'.,','?': So long as the otii. he" ot the Province was done under this "a" "'./ neatly cropping up all over tho Province. i that? JI? principle of the bill Were not tem, and the ',egishsriom.he.teytttended, would, gusto") of lien notes or hire receipts, now s'l'r"."'r'i"toso . consequently he on nuwxso "1.teturet.tee and in. /r "oipse, was in direct opposition to tho whole it i7iiii be. . N opposed the bill. He "id tttclldli.ng with inmost the entire volume. r, F . it and tenor of the legislation, and was woul l l loi . Very hardly on farmers and at business. l ours ago there might la2 . Ing more nor Iivrs than a cutnu0glyulevised 1 M (Bills; v{usniess generally. . have been grounds for fearing that Iii, e to evade the wholesome provisions of I bf . l 3.5th admitted the present law to wrong would possibly be done, but now when , Chsttel Mortgage Act. The principle in. l what's? t eieetive, bat thought the bill so it nearly everybody knmve how hugely the busi- I i "d in this bill had been, from time iinme. _ :1: ri'fl',Ii',1,t, would not be it good measure, hosts of the country is carried on under this t _ . . actrnowledgod and noted upon in re- l 1,eir, . t hNC'fl said while 1lr.Nairn had not ttystern. gueh Bit M'llllmellt should, no lon er i I, . . ' a member of the 'House-front 1803 to prevail. He objected, farther, that the il'l'lS'l " / . , . _ ' . ., hon would be very much to the detriment and A a!,..,-.--,:.....,-..,.,..,,-".,-,-,..,. . ' 1'... --"e"""""""q" 1

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