Page images
PDF
EPUB

and permission of the true owner under such circumstances that such tenant is the true owner thereof....." It has been the practice to obtain protection for hire-purchase goods under such conditions by obtaining a written agreement from the landlord stating that he agrees not to distrain, seize, or sell the goods or cause them to be distrained in his interest. However, when the circumstances described in section 16 exist, protection is given to the owner, even where no such agreement has been obtained from the landlord.

Under section 38 of the Bankruptcy Act, the property of the bankrupt comprises, among other particulars: "All goods being at the commencement of the bankruptcy, in the possession, order or disposition of the bankrupt, in his trade or business, by the consent of the true owner, under such circumstances that he is the reputed owner thereof..." Claims are sometimes made that hire-purchase goods are in the reputed ownership of a bankrupt hirer, but this clause applies only where the bankrupt carries on a trade or business, and the goods are in his possession, order or disposition for the purpose of his trade or business. What constitutes reputed ownership is difficult of precise definition and is frequently a matter to be determined by the courts on the merits of the individual case. This troublesome problem is now removed by section 16 of the Hire-Purchase Act when the court has made a postponed order for specific delivery of the goods.

INSTALLATION CHARGES

Section 19 provides that where under any hire-purchase agreement, the owner is required to carry out any installation, and the note or memorandum specifies as part of the hire-purchase price the amount to be paid for installation, the references in section 4 to one-half of the hire-purchase price (relating to right to hirer to terminate the agreement) and in sections 11, 12 and 15 to one-third of the hire-purchase price shall be construed as references to the aggregate of the said amount and either one-half of the remainder of the hire-purchase price or one-third of the remainder of the hire-purchase price as the case may be.

SCHEDULE TO THE ACT

Notice to be Included in Note or Memorandum
of Hire-Purchase Agreement

Notice

Right of Hirer to Terminate Agreement

1. The hirer may put an end to this agreement by giving notice of termination in writing to any person who is entitled to collect or receive the hire-rent.

2. He must then pay any instalments which are in arrear at the time when he gives notice. If, when he has paid those instalments, the total amount which he has paid under the agreement is less than (here insert the minimum amount which the hirer is required to pay in accordance with the provisions of sections four and nineteen of this Act) he must also pay enough to make up that sum.

3.

If the goods have been damaged owing to the hirer having failed to take reasonable care of them, the owner may sue him

for the amount of the damage unless that amount can be agreed between the hirer and the owner.

4. The hirer should see whether this agreement contains provisions allowing him to put an end to the agreement on terms more favourable to him than those just mentioned. If it does, he may put an end to the agreement on those terms.

Restriction of Owner's Right to Recover Goods

1. [After (here insert an amount calculated in accordance with the provisions of sections eleven and nineteen of this Act) has been paid, then,] unless the hirer has himself put an end to the agreement, the owner of the goods cannot take them back from the hirer without the hirer's consent unless the owner obtains an order of the court.

2. If the owner applies to the court for such an order, the court may, if the court thinks it just to do so, allow the hirer to keep either-

(a) the whole of the goods, on condition that the hirer
pays the balance of the price in the manner ordered by
the court; or

(b) a fair proportion of the goods having regard to what
the hirer has already paid.

If the agreement is a "further" agreement within the meaning of section fifteen of this Act, the words in square brackets should be omitted.

LIBRARY

DIVISION OF COMMERCIAL LAWS

BOOKS RECEIVED

Proceedings of the 32nd Annual Convention of the Association of Life Insurance Presidents, December 1938.

Laws of Puerto Rico, 1938.

Illinois Insurance Report in two volumes, Parts 1-2-3-4 and Parts 5-6.

REVIEWS AND JOURNALS:

Welt-Service Worldservice, December 1938; The Three Americas, January 1939; Commercial Law Journal, December 1938; Lousiana Commerce and Industry, December 1938; Oregon Law Review, December 1938; Export Trade and Shipper, January 1939; Revista de Derecho, May through October 1938; Ohio State University Law Journal, December 1938; Bibliografia Mexicana, July-October 1938; Patent and Trade Mark Review, December 1938; Cuba Economica y Financiera, December 1938; Kentucky Law Journal, January 1939; American Bar Association Journal, January 1939; Harvard Law Review, January 1939; Shipping Digest, January 1939; Revista del Colegio de Abogados de Buenos Aires, November-December 1938; Current History, February 1939; Missouri Law Review, January 1939; Boston University Law Review, January 1939; Proceedings Industrial Section, American Life Convention, October 1938; Senate Journal, (Texas) 1939; House Journal, (Texas) 1939.

NEW

IMMIGRATION

REQUIREMENTS OF CUBA

From the Office of the American Commercial Attaché, Habana

Owing to the frequency of inquiries relative to Cuban immigration, received by the Division of Commercial Laws, it is believed that the text of Decree No. 55 of January 13, 1939, which imposes certain regulations and restrictions thereon would be of interest to the readers of COMPARATIVE LAW SERIES.

A full translation of the decree follows:

Article I. In accordance with the provisions of Section I, Military Order No. 155, of May 15, 1902, there are excluded from admission into Cuba all persons who might become public charges the decision to rest with the Secretary of the Treasury on the basis of reports which, in each case, he will request of the Department of Labor.

In its reports, the Department of Labor will take into account the obligations imposed by observance of and compliance with the social laws in force or which may in the future be promulgated, as well as the employment possibilities existing in our labor market.

Article II. Foreigners not included in the prohibition established in the preceding Article, or any other, may be authorized to disembark in the national territory, provided they give bond in the sum of five hundred pesos.

Article III. The deposit mentioned in the preceding article must be made in cash.

Article IV. The following will be excepted from the requirement to deposit bond established in Article II of this decree:

(a) Tourists, that is, those persons traveling for pleasure and who do not engage in any labor during their sojourn in the national territory.

(b) Transit passengers, that is, passengers disembarking in the national territory for the period during which the vessel which brought them remains in port.

(c) Transients, that is, persons arriving in Cuba for the purpose of continuing their journey to a foreign port, or returning to the port of departure, provided they do not remain in the national territory during a period in excess of thirty days and provided they are in possession of passage necessary for continuing their journey to the port of destination.

The master of the vessel will be required to report to the port authorities, and these to the immigration authorities, all cases of passengers disembarking in transit and remaining in the national territory.

(d) Lecturers or persons who, by reason of their noteworthy artistic, cultural, or scientific training, come to the national territory for the exclusive purpose of spreading their knowledge by means of talks, speeches or public lectures, provided they do not engage in any other lucrative activity during their sojourn in the country. The Secretary of the Treasury will grant the exception covered by this paragraph after consulting the opinion of the Department of Education.

(e) Clergymen of any religion and nuns of any faith, provided they present authorization issued by the bishop, prelate, head or

superior of the congregation, sect or religious group to whose jurisdiction they come assigned, such authorization to state that they come exclusively to engage in the exercise of their ministry.

By reciprocal treatment, citizens of the United States of America are likewise excepted from the requirement to give bond.

Foreigners who consider themselves covered by one of the preceding exceptions must execute under oath the questionnaire prepared by the Director General of Immigration.

Article V. No Cuban citizen, even though resident abroad, may be considered as a tourist, and accordingly cannot enjoy the benefits granted by Decree No. 2549 of October 18, 1935.

Article VI. Article V of Decree No. 2507 of November 17, 1938, published in the Oficial Gazette of the Republic on November 25, 1938, reads as follows:

Article V. Diplomatic and consular officers of the Republic will report all cases of foreigners who, being required to make a deposit in compliance with immigration regulations, intend to go to Cuba; they will indicate the habitual profession or occupation of such foreigners and, in those cases, they will subject the visa procedure to authorization from the Department of State, to be given after hearing the opinions of the Departments of the Treasury and of Labor.

Article VII. The Director General of Immigration will communicate to the Secretary of Labor, within forty-eight hours following the arrival of any foreigner at any of our ports, the following data: (a) given name and surnames, (b) nationality and race, (c) civil status, (d) occupation or trade, (e) intended place of residence, (f) place from which proceeding, (g) character or motive for entering the national territory, and (h) period of time during which the foreigner swears to remain in the Republic.

Likewise he will report all departures of foreigners from the national territory, indicating in each case the number and other particulars of the communication reporting the entry. Every sixty days he will submit a detailed report of entries and departures of foreigners.

If after landing any foreigner should engage in a lucrative occupation, without authorization therefor, he will be returned to the country from which he came, without prejudice to application of the penal sanctions which may be established by law in each case.

Article VIII. Foreigners who have acquired the status of residents will lose such status if they absent themselves from the national territory for more than six months and, upon returning thereto, fail to properly establish before the Secretary of the Treasury that their return is due to the necessity to again occupy the positions which they held in industrial, mercantile or agricultural enterprises up to the date of their departure to a foreign country, or that they possess sufficient property or income to meet their needs and those of their families if they have dependents.

The first point will be established only by a certificate legalized and issued by the employer or legal representative of the employerenterprise, which certificate, being duly visaed by the Director General of Labor in Habana or by the Chief of a Provincial Labor Office, as the case may be, will be deposited in the Immigration

Department together with the certificate of residence mentioned in Article XIII, Decree-Law No. 788 of 1934, on the Alien Registry. The validity of the employer's certificate will not exceed the period of validity of the certificate of residence.

The second point referring to possession of property or income, may be established by any kind of evidence admitted in law, after the opinion of the Department of Labor has been heard.

There are excluded from the foregoing provision those foreigners who, having the status of residents, return to Cuba for the sole purpose of joining their parents, children or spouses. In the last case, the date of the marriage must have been prior to that of the departure of the foreigner from the Republic. If the marriage was performed by proxy, the foreigner, having the status of a resident, will be subject to the provisions of the preceding paragraphs.

Article IX. Bonds given by immigrants in accordance with the provisions contained in the second article of this Decree, will be delivered to the Postal Savings Bank of the Republic within twentyfour hours following deposit.

The Immigration Department. at the time of delivery to the Postal Bank, will send to the Secretary of the Treasury, through the Central Service, Pensions and Retirement Division, a list showing the amounts remitted to the Postal Savings Bank, as well as the name and nationality of each respective immigrant, the date of his arrival in Cuba and the name of the vessel or airplane on which he came.

Article X. The five hundred peso deposit established by the second article of this decree will be returned when two years have elapsed from the date of deposit, on petition of the depositor, who will make application to such end to the Secretary of the Treasury, proving that he possesses means to live decently and that, rationally, he will not become a public charge.

The Secretary of the Treasury, weighing the evidence submitted, and after consulting the opinion of the Department of Labor, will order return of the deposit, ordering that the proceedings receive preferential treatment in the appropriate offices.

The deposit will be returned, at any time, prior to the termination of the two-year period, when the depositor states that he intends to leave the national territory. In this case the deposit will be delivered to the steamship company which has issued him passage so that the sum may be returned to him at sea.

In case the depositor departs without having obtained the return for which he applied, he may designate a person to represent him in receiving the deposit, by means of a document signed before the Director General of Immigration by the interested party and by his representative.

Article XI. The fact of being excepted from the requirement to give bond in the sum of five hundred besos, and of having complied with the other requirements established by this Decree, does not exempt passengers from the requisite of a passport visa, or from any other similar identification document, except in cases for which provision is made in Decree No. 2507 of November 17, 1938.

Article XII. Decree No. 570 dated April 27, 1926, and subsequent Decrees which modified it, are repealed, and accordingly the admission of Chinese is totally prohibited with the exceptions mentioned in Section VIII of Military Order No. 155 of May 15, 1902. In cases of

« PreviousContinue »