Protection of bona fide transactions witProtection of bona fide transactions without notice.

### Protection of bona fide transactions without notice. E.B.A., s. 45. N.S.W., s. 57. S.A., s. 168. W.A., s. 47. Q., ss. 112, 113. Tas., ss. 87, 88. 96.—(1.) Subject to the foregoing provisions of this Act with respect to the effect of bankruptcy on an execution or attachment, and with respect to the avoidance of certain settlements and preferences, nothing in this Act shall invalidate, in the case of a bankruptcy— (a) any payment by the bankrupt to any of his creditors; (b) any payment or delivery to the bankrupt; (c) any conveyance, transfer, or assignment by the bankrupt for valuable consideration; (d) any contract, dealing, or transaction by or with the bankrupt for valuable consideration; or (e) any transaction to the extent of any present advance bonâ fide made by any existing creditor, provided that the transaction took place before the date of sequestration, and that the person (other than the debtor) with whom it took place, had not, at the time of the transaction, notice of any available act of bankruptcy committed by the debtor or the presentation of a petition, and that the transaction was in good faith and in the ordinary course of business. (2.) The burden of proving that the provisos stated in the last preceding sub-section have been complied with shall lie upon the person who relies upon their having been complied with. (3.) In this section— “transaction” includes payment, delivery, conveyance, transfer, assignment, contract or dealing; “payment” includes the drawing, making, or indorsing of a bill of exchange, cheque, or promissory note.