Justice may fine person causing fire. such distress or if such distress proves insufficient such justice of the peace may commit the offender to prison for any term not exceeding twenty-one days. N.W.T., c. 36, s. 4. 5. If upon such investigation, it is made to appear to the satisfaction of the justice of the peace before whom such investigation is held, that any such fire was caused by the culpable or negligent conduct of any person, he shall have power to summon such person before him, and, upon summary conviction, to impose upon such person a fine not exceeding $500.00 and costs, including those of the investigation, to be allowed upon the same scale as on a summary conviction. No. 2 of 1900, s. 3. TITLE IV. RELATING TO REAL PROPERTY. 329 CHAPTER 34. An Ordinance Respecting Land held by two or more Persons. in common otherwise. 1. Whenever by any letters patent, transfer, conveyance, Owners to assurance, will or other assignment land or any interest in hold as tenants land is granted, transferred, conveyed, assigned or devised unless to two or more persons other than executors or trustees in intention fee simple or for any less estate legal or equitable such persons shall take as tenants in common and not as joint tenants unless an intention sufficiently appears on the face of such letters patent, conveyance, assurance, will or other assignment that they take as joint tenants. N.W.T., c. 37, s. 1. 330 Short title. TITLE V. RELATING TO MERCANTILE LAW. CHAPTER 35. An Ordinance respecting the Sale of Goods. SHORT TITLE. 1. This Ordinance may be cited as "The Sale of Goods Ordinance." N.W.T., c. 39, s. 1. Interpretation INTERPRETATION. 2. In this Ordinance unless the context or subject matter otherwise requires: (a.) "Action" includes counterclaim and set off; 66 (b.) Buyer" means a person who buys or agrees to buy goods; (c.) "Contract of sale" includes an agreement to sell as well as the sale; (d.) "Delivery means voluntary transfer of possession from one person to another; (e.) "Document of title to goods has the same mean ing as it has in The Factors' Ordinance; (f.) "Factors' Ordinance" means The Factors' Ordinance and any enactment amending or substituted for the same; (g.) "Fault" means wrongful act or default; (h.) "Future goods " means goods to be manufactured or acquired by the seller after the making of the contract of sale; (i.) "Goods" includes all chattels personal other than things in action or money. The term includes implements, industrial growing crops and things (1.) attached to or forming part of the land which are 66 Property" means the general property in goods (k.) "Quality of goods" includes their state or condi- (1.) "Sale" includes a bargain and sale as well as a (m.) "Seller means a person who sells or agrees to 66 (n.) "Specific goods means goods identified and (2.) A thing is deemed to be done "in good faith" within the meaning of this Ordinance when it is in fact done. honestly whether it is done negligently or not. (3.) A person is deemed to be insolvent within the meaning of this Ordinance who either has ceased to pay his debts in the ordinary course of business or cannot pay his debts as they become due. (4.) Goods are in a "deliverable state " within the meaning of this Ordinance when they are in such a state that the buyer would under the contract be bound to take delivery of them. N.W.T., c. 39, s. 2. PART I. FORMATION OF THE CONTRACT. Contract of Sale. to sell. 3. A contract of sale of goods is a contract whereby the Sale and seller transfers or agrees to transfer the property in goods agreement to the buyer for a money consideration called the price. There may be a contract of sale between one part owner and another. (2.) A contract of sale may be absolute or conditional. (3.) Where under a contract of sale the property in the goods is transferred from the seller to the buyer the contract is called a sale; but where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled the contract is called an agreement to sell. Capacity to (4.) An agreement to sell becomes a sale when the time. elapses or the conditions are fulfilled subject to which the property in the goods is to be transferred. N.W.T., c. 39, s. 3. 4. Capacity to buy and sell is regulated by the general buy and sell. law concerning capacity to contract and to transfer and acquire property. Proviso. Contract of sale, how made. Proviso. Contract of sale for $50 Provided that where necessaries are sold and delivered to an infant or minor or to a person who by reason of mental incapacity or drunkenness is incompetent to contract he must pay a reasonable price therefor. "Necessaries" in this section means goods suitable to the condition in life of such infant or minor or other person and to his actual requirements at the time of the sale and delivery. N.W.T., c. 39, s. 4. Formalities of the Contract. 5. Subject to the provisions of this Ordinance and of any Ordinance in that behalf a contract of sale may be made in writing (either with or without seal) or by word of mouth or partly in writing and partly by word of mouth or may be implied from the conduct of the parties: Provided that nothing in this section shall affect the law relating to corporations. N.W.T., c. 39, s. 5. 6. A contract for the sale of any goods of the value of and upwards. fifty dollars or upwards shall not be enforceable by action unless the buyer accepts part of the goods so sold and actually receives the same or gives something in earnest to bind the contract or in part payment or unless some note or memorandum in writing of the contract is made and signed by the party to be charged or his agent in that behalf. Existing or future goods. (2) The provisions of this section apply to every such contract notwithstanding that the goods may be intended to be delivered at some future time or may not at the time of such contract be actually made, procured or provided or fit or ready for delivery or some act is requisite for the making or completing thereof or rendering the same fit for delivery. (3) There is an acceptance of goods within the meaning of this section when the buyer does any act in relation to the goods which recognizes a pre-existing contract of sale whether there is an acceptance in performance of the contract or not. N.W.T., c. 39, s. 6. Subject matter of Contract. 7. The goods which form the subject of a contract of sale may be either existing goods owned or possessed by the |