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CHAPTER 480

OF THE

REVISED STATUTES, 1989


NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

An Act Respecting Unclaimed Articles
of Clothing and Household Goods

Short title

1 This Act may be cited as the Unclaimed Articles Act. R.S., c. 486, s. 1.

Application of Act

2 This Act shall apply in the case of

(a) any article of clothing or household goods of the value of not more than two hundred dollars which

in respect of which the agreed or reasonable charges for the services mentioned in subclause (i) are unpaid; and

(b) any article of clothing or household goods of the value of not more than two hundred dollars which

in respect of which the agreed or reasonable charges for storage are unpaid for any period of not less than twelve months. R.S., c. 480, s. 2.

Notice of disposal of article for non-payment

3 (1) Upon the expiration of the period mentioned in subclause (ii) of clause (a) or subclause (ii) of clause (b) of Section 2, as the case may be, the person with whom an article is deposited may cause to be served by personal service upon

(a) the owner of the article;

(b) the person who deposited the article; or

(c) an adult person, at the address

a notice stating

(d) the amount of the agreed or reasonable charges in respect of the article; and

(e) that, if such charges are not paid within thirty days of the date of the service of the notice, the article will be disposed of.

Notice may apply to more than one article

(2) Any notice under this Section may be in respect of more than one article belonging to or deposited by the same person. R.S., c. 480, s. 3.

Inability to effect personal service of notice

4 Where the whereabouts of the owner of and the person depositing an article cannot be ascertained and after all reasonable inquiries it is found that Section 3 cannot be complied with, the person with whom an article is deposited may, without effecting service of notice as required by Section 3, dispose thereof in the manner prescribed by Section 5. R.S., c. 480, s. 4.

Disposal by sale or gift

5 (1) Upon the expiration of the thirty day period mentioned in subsection (1) of Section 3, the person with whom the article is deposited may dispose of it by

(a) giving it to a charitable organization or giving it to any organization in order that it may be used for charitable purposes; or

(b) selling it, by auction or private sale.

Proceeds of sale

(2) Upon such sale being made as aforesaid the person with whom the article is deposited may out of the proceeds of the sale pay to himself the agreed or reasonable charges owing to such person, together with the cost and expenses including cost of advertising, of the sale and shall within thirty days after the sale pay to the Accountant General of the Supreme Court, the surplus if any, remaining after the sale after payment to himself as aforesaid, provided that within the said period of thirty days the said surplus may be paid over to the owner of the article sold as aforesaid, and the Accountant General of the Supreme Court shall have authority to pay out the said surplus to any person under an order of a judge of the county court or Supreme Court.

Record of disposal

(3) Every person who disposes of articles under this Section shall maintain a record of the articles disposed of and the persons or organizations to whom they are disposed. R.S., c. 480, s. 5.

Affidavit as prima facie evidence

6 Where an article has been disposed of under this Act, prima facie evidence of compliance with this Act or of the existence of any fact or the doing of any act may be given in any court by the affidavit of a person having actual knowledge thereof. R.S., c. 480, s. 6.

Disposal relinquishes claim

7 Where an article has been disposed of under this Act, the person who disposed of it shall thereby relinquish all claims against the owner or person depositing it for unpaid charges for services upon or storage of the article. R.S., c. 480, s. 7.

Rights under certain other Acts unaffected

8 This Act shall not affect the right of any person to proceed in the manner prescribed by the Storage Warehouse Keepers Act or by the Mechanics Lien Act. R.S., c. 480, s. 8.

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This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 1998 Crown in right of Nova Scotia. Created September 1, 1998. Send comments to รวมเกมส์legc.office@gov.ns.ca.