Double planking under derricks. Rivetters' stagings to temporary (b) A double flooring of two-inch planking shall be laid down immediately under any derrick for a sufficient space about the derrick to protect workmen on the floors below that on which the derrick is working, and to hold with safety the materials hoisted by the derrick; (c) Rivetters' staging shall be so constructed as to secure be safe and the reasonable safety of the rivetters and a temporary floor floor provided must be provided on the girders and floor beams immediately below the portion of the floor upon which the rivetters are working, sufficient for the protection of workmen engaged below that floor; Steel work may be done in advance of permanent floors. Limit of application of certain sections. Regulations in cities and towns having no by-laws. Covered passage to be erected over sidewalk. erected on inside line of sidewalk. (d) The steel work may be carried on in advance of the construction of permanent floors. 2 Geo. 5, c. 8, s. 8. 9. Sections 6, 7 and 8 shall not apply to any building not more than two storeys in height, or to any farm building or excavation, or to any work being done upon a building or excavation by the owner or occupant thereof in person. 2 Geo. 5, c. 8, s. 12. PROTECTION OF PUBLIC. 10. In cities and towns the following regulations shall be complied with in erecting, altering or repairing any building, provided such city or town has not by by-law made regulations applicable to itself regarding such matters: (a) When the work is located on the line of any street or within three feet of the inside line of the sidewalk of any street, before any of the work above the sidewalk or footway is commenced, there shall be erected over the sidewalk or footway of the street a covered passageway or independent structure not less than eight feet high at the lowest side above the level of the sidewalk or footway and of sufficient strength to protect the public using the sidewalk or footway; Barrier to be (b) If a building or excavation is to be erected or made within seven feet of the inside line of the sidewalk on any street, a strongly constructed close-boarded fence or barricade, not less than six feet high, shall be erected along the inside line of such sidewalk; Drains, etc., ways to be (c) No person shall place any stone, brick, lumber or any building material, fence, barricade or temporary sidewalk so as to obstruct the free passage of water in the drains, gutters or water courses; and the roofs of all covered ways shall be kept clear of any material whatever; tions to be (d) All sewers, ditches, drains or any other excavation All excavaof whatever nature shall be properly shored up, so as to pre- shored up. vent the caving in of the ground, after a depth of four feet has been excavated from the ground level. 2 Geo. 5, c. 8, s. 9. INJURY TO WORKMAN. injury. 11. If in any employment personal injury by accident Notice of is caused to a workman employed in or about a building or excavation, his employer shall immediately give written notice thereof to an inspector appointed under this Act. (2) Such notice shall give the name and address of the employer, the name of the person injured, and shall state in ordinary language the cause of the injury and the date at which the accident happened. (3) The notice may be served by delivering the same at or sending it by post in a registered letter addressed to the residence or office of such inspector. (4) Every employer who fails to comply with the provi- Penalty. sions of this section shall incur a penalty not exceeding fifty dollars. 3 Geo. 5, c. 4, s. 1. APPLICATION AND EFFECT OF ACT. supple municipal 12. The provisions of this Act shall be read and applied Act to be as supplementary to the by-laws of every municipality in mentary to this Province, where any such exist, but where no by-law by-laws. has been passed dealing with the matters covered by this Act then the provisions herein shall apply. 2 Geo. 5, c. 8, s. 10. Act not to affect 13. Nothing in this Act contained shall in any way decrease or lessen the liability or obligations of any person liability or corporation under "The Workmen's Compensation Act." "Workmen's 2 Geo. 5, c. 8, s. 13. under Compensation Act." CHAPTER 23. An Act to regulate the Purchase, Sale and Transfer of Short title. stock of and vendor to furnish statement ticulars of all debts over $50, verified declaration. HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: 1. This Act may be cited as "The Bulk Sales Act." 9 Ed. 7, c. 60, s. 1. Purchaser of 2. It shall be the duty of every person who shall bargain goods in bulk for, buy or purchase any stock of goods, wares or merchanto demand dise in bulk, for cash or on credit, before closing the purchase of the same, and before paying to the vendor any part showing par- of the purchase price, or giving any promissory note or notes or any security for the said purchase price, to demand of by statutory and receive from such vendor, and it shall be the duty of each vendor of such goods to furnish a written statement, verified by the statutory declaration of the vendor or his duly authorized agent, or, if the vendor is a corporation, by the declaration of the president, vice-president, secretarytreasurer or manager of such corporation, which statement is to contain the names and addresses of all the creditors of the said vendor for amounts exceeding fifty dollars, together with the amount of the indebtedness or liability due, owing, payable or accruing due, or to become due and payable, by said vendor to each of said creditors, which said statement may be in the form set forth in schedule A hereto. Form of statement. Bulk sales void unless in full or presenting 60 per cent. In number and amount of claims consent. (2) If the actual cash paid by the purchaser in conneccreditors paid tion with any such bargain or purchase, exclusive of all creditors re- deferred payments, or goods or lands given or conveyed by the purchaser on account of the purchase price paid, is less than the amount of the total indebtedness of the vendor to his creditors, as shown by the said written statement, the purchaser must obtain the written consent to such bargain or purchase from creditors representing at least sixty per cent. in number and amount of the claims against such vendor as shown by said written statement, and any sale made for such purchase price without such written consent shall be fraudulent and void against the creditors of the vendor. 9 Ed. 7, c. 60, s. 2; 1 Geo. 5, c. 52, s. 2; 2 Geo. 5, c. 74, s. 1. statutory not demanded sale deemed void as "creditors of 3. Whenever any person shall bargain for or purchase If such any stock of goods, wares or merchandise in bulk, for cash declaration or on credit, and shall pay any part of the purchase price and furnished, or execute or deliver to the vendor or to his order, or to fraudulent any person for his use, any promissory note or other docu- and shall be ment for or on account of the purchase price of said goods, against the or any part thereof, without first having demanded and ob- the vendor. tained from the vendor, or from his agent, a statutory declaration purporting to be such as is provided for in the last preceding section, then such sale shall be deemed to be fraudulent and shall be absolutely void as against the creditors of the vendor, unless all of the creditors Unless proof the vendor are paid in full out of the proceeds of such ceeds applied sale. 9 Ed. 7, c. 60, s. 3; 1 Geo. 5, c. 52, s. 1. in payment of debts. chaser in of money. 4. Any such purchaser, upon obtaining such statutory Duty of purdeclaration, shall either obtain the written waiver from the such case. creditors of the vendor hereinafter referred to, or shall pay the whole of his purchase money or deliver his promissory note or notes or other documents securing the same, or part thereof, into the hands of a trust company or an official assignee, for distribution pro rata among the creditors of Distribution the said vendor, subject to any preferences provided for by law or by previous contract. Such distribution shall be made in like manner as moneys are distributed by an official assignee under "The Assignments Act," and in making Fees of trust such distribution the claims of the creditors shall be subject to the same provisions as are contained in sections 23 to 33 of the said Act. (2) The fees of any such trust company or official assignee shall not exceed three per cent. of the total proceeds of such sale which shall come to its or his hands, and shall, together with any disbursements, be paid by being deducted out of the moneys to be received by the said creditors and shall in no event be charged to the debtor; provided, further, that from and after the furnishing of such declaration no preference or priority shall be obtainable by any creditor by attachment or garnishing process or otherwise. 9 Ed. 7, c. 60, s. 4; 1 Geo. 5, c. 52, s. 3. company. if purchaser ments of Act. 5. If such purchaser, upon receiving such statutory de- Consequence claration, shall fail to observe the requirements of the last fails to carry preceding section without obtaining the written waiver from out requirecreditors hereinafter referred to, then such sale shall be deemed to be fraudulent and shall be absolutely void as against the creditors of the vendor, unless all creditors of the vendor are paid in full out of the proceeds of such sale. 9 Ed. 7, c. 60, s. 5; 1 Geo. 5, c. 52, s. 4. What to be deemed "a 6. Any sale or transfer of a stock of goods, wares or sale in bulk." merchandise, or part thereof, out of the usual course of business or trade of the vendor, or whenever substantially the entire stock-in-trade of the vendor is sold or conveyed, or whenever an interest in the business or trade of the vendor is sold or conveyed, or attempted to be sold and conveyed, such sale, transfer or conveyance shall be deemed "a sale in bulk" within the meaning of this Act; provided, however, that if the vendor produces and delivers to the vendee a written waiver of the provisions of this Act from his creditors, representing sixty per cent. in number and value of the claims as shown by said statutory declaration, then the provisions of this Act shall not apply. 9 Ed. 7, c. 60, s. 6; 1 Geo. 5, c. 52, s. 5. If waiver from creditors produced, Act shall not apply. Only sales by traders and merchants affected. Certain sales in bulk not affected. 7. This Act shall only apply to sales by traders and merchants defined as follows, (a) persons who as their ostensible occupation buy and sell goods, wares and merchandise, ordinarily the subject of trade and commerce; (b) commission merchants; (c) manufacturers. 9 Ed. 7, c. 60, s. 7. 8. Nothing in this Act contained shall apply to or affect any sale by executors, administrators, receivers, assignees for the benefit of creditors or any public official acting under judicial process. 9 Ed. 7, c. 60, s. 8. in the Province of Manitoba, do solemnly declare that the above is a creditors for amounts exceeding fifty dollars, and shows correctly the |