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furnish

real property

14. It shall be the duty of the corporation when thereunto Society to required by the Lieutenant Governor in Council or by the statement of Legislative Assembly to furnish a statement of the real property and of the estates therein held by the society and to give such details thereof as the Lieutenant Governor in Council or the Legislative Assembly may from time to time require. C. O. 66, s. 14.

name, etc.,

15. When a society incorporated under the provisions of Change of this Ordinance is desirious of changing its name or of changing of society any of the purposes contained in the original certficate or declaration of incorporation, a judge of the Supreme Court upon being satisfied that the change desired is not for an improper purpose and is not otherwise objectionable, may make an order reciting the certificate and declaration of incorporation and making the change desired.

filed

(2) Such order shall be filed in the office in which the certi- Order to be ficate and declaration were filed and a copy of the order certified by the registrar of the Supreme Court at Regina or his deputy to be a true copy of the order filed in the said office shall be prima facie evidence of the change having been made as therein set forth.

affected

(3) No change under the next preceding two subsections Rights and obligations of shall affect the rights or obligations of the society and all society not actions or proceedings commenced by or against the society prior to the change of name may be proceeded with by or against the society under its former name. C. O. 66, s. 15.

16. In case the Lieutenant Governor in Council adopts or Forms approves of any forms for any of the proceedings under this Ordinance and the order adopting or approving of the same is, with the forms, printed in The North-West Territories Gazelle such forms shall be as effectual for the purposes mentioned in this Ordinance or in the Order in Council as if the said forms had been inserted in this Ordinance. C. O. 66, s. 16.

SCHEDULE.

Ordinances for purposes not intended by this Ordinance:

1. Chapter 38 of The Consolidated Ordinances. 3. Chapter 61 of The Consolidated Ordinances. 2. Chapter 45 of The Consolidated Ordinances. 4. Chapter 65 of The Consolidated Ordinances. 5. Chapter 68 of The Consolidated Ordinances. 6. Chapter 69 of The Consolidated Ordinances.

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THE

Personal Property.

HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows:

Short title

Registration districts

Moosomin district

Yorkton district

SHORT TITLE.

1. This Ordinance may be cited and known as "The Bills of Sale Ordinance." C. O. 43, s. 1.

REGISTRATION DISTRICTS.

2. For the purposes of the registration of mortgages and other transfers of personal property in the Territories the following shall be registration districts:

1. The registration district of "Moosomin," comprising that part of the provisional district of Assiniboia as is defined by the Order of the Privy Council of Canada passed on the eighth day of May, A.D. 1882, eastward of the eleventh range of townships west of the second meridian and south of a line which may be described as follows: Commencing at a point where the line between townships twenty and twenty-one in the Dominion Lands system of survey intersects the western boundary of the province of Manitoba, thence westerly following the said line between townships twenty and twenty-one to its intersection with the line between ranges seven and eight west of the second meridian, thence northerly along the line between ranges seven and eight to its intersection with the line between townships twenty-two and twenty-three, thence westerly along the line between the said townships twenty-two and twenty-three to its intersection with the line between ranges ten and eleven west of the second meridian in the Dominion Lands system of survey;

2. The registration district of "Yorkton," comprising that part of the said provisional district of Assiniboia, eastward of the eleventh range of townships west of the second meridian and north of the north boundary of the registration district of Moosomin;

district

3. The registration district of "Regina," comprising that Regina part of the said provisional district of Assiniboia west of the registration district of Moosomin and east of the west line of the twenty-third range of townships west of the second meridian;

district

4. The registration district of "Moose Jaw," comprising Moose Jaw that part of the provisional district of Assiniboia west of the registration district of Regina and east of the west line of the twenty-third range of townships west of the third meridian;

district

5. The regisration district of "Medicine Hat," comprising Medicine Hat all that portion of the said provisional district of Assiniboia west of the registration district of Moose Jaw;

district

6. The registration district of "Macleod," comprising all Macleod that portion of the provisional district of Alberta as defined by the said Order of the Privy Council lying south of township seventeen;

district

7. The registration district of "Calgary," comprising all gary. that part of the said provisional district of Alberta lying between townships sixteen and forty-three;

district

8. The registration district of "Edmonton," comprising all Edmonton that portion of the said provisional district of Alberta lying north of township forty-two;

district

9. The registration district of "Battleford" comprising all Battleford that portion of the provisional district of Saskatchewan as defined by the said Order of the Privy Council lying west of the fifth range of townships west of the third meridian;

district

10. The registration district of "Prince Albert," comprising Prince Albert all that portion of the said provisional district of Saskatchewan lying east of the Battleford regstration district.

(2) The Lieutenant Governor in Council shall have power New districts to alter the boundaries of any registration district now or hereafter established by adding thereto or taking therefrom; and to establish new districts and to appoint registration clerks therefor who shall hold office during pleasure; and designate at what places the offices of such clerks shall be kept. C. O. 43, s. 2, and 1900 c. 12, s. 1.

REGISTRATION CLERKS.

continued

3. The registration clerks for the existing registration dis- Present clerks tricts are hereby continued in office and shall severally hold office during pleasure and their offices shall be kept at places to be designated by the Lieutenant Governor in Council.

Appointments
by Lieutenant
Governor in
Council

(2) In the event of any vacancy occurring in the office of registration clerk by reason of death, resignation or otherwise the vacancy shall be filled by the Lieutenant Governor in Council. C. O. 43, s. 3.

4. The registration clerks under this Ordinance shall keep their respective offices open between the hours of ten in the forenoon and four in the afternoon on all days excepting Sundays and holidays and except on Saturdays and during the period of vacation prescribed by The Judicature Ordinance when the same shall be closed at one o'clock in the afternoon and during office hours only shall registrations be made. C. O. 43, s. 4.

5. No registration clerk shall draw or prepare any document or conveyance which may be filed or registered in his office under the provisions of this or any other Ordinance. C. O. 43, s. 5.

MORTGAGES AND SALES OF CHATTELS. FORM AND REGISTRATION.

Mortgages

unaccom

panied by
delivery and
change of
possession
of goods

6. Every mortgage or conveyance intended to operate as a mortgage of goods and chattels which is not accompanied by an immediate delivery and an actual and continued change of possession of the things mortgaged shall within thirty days from the execution thereof be registered as hereinafter provided together with the affidavit of a witness thereto of the due execution of such mortgage or conveyance and also with the affidavit of the mortgagee or one of several mortgagees or the agent of the mortgagee or mortgagees if such agent is aware of all the circumstances connected therewith and is properly authorised by power in writing to take such mortgage in which case a copy of such authority shall be attached thereto (save as hereinafter provided under section 21 hereof) such last mentioned affidavit stating that the mortgagor therein named is justly and truly indebted to the mortgagee in the sum mentioned in the mortgage, that it was executed in good faith and for the express purpose of securing the payment of money justly due or accruing due and not for the purpose of protecting the goods and chattels mentioned therein against the creditors of the mortgagor or of preventing the creditors of such mortgagor from obtaining payment of any claim against him; and every such mortgage or conveyance shall operate or take effect upon, from and after the day and time of the filing thereof. C. O. 43, s. 6.

be in form

7. Except as to cases provided in the next following section Mortgage may of this Ordinance a mortgage or conveyance intended to appended operate as a mortgage of goods and chattels may be made in accordance with form A in the schedule of this Ordinance. C. O. 43, s. 7. (b)

secure future

to indemnify

8. In case of an agreement in writing for future advances Mortgage to for the purpose of enabling the borrower to enter into and advances or carry on business with such advances and in case of a mortgage indorsers, etc. of goods and chattels for securing the mortgagee repayment of such advances or in case of a mortgage of goods and chattels for securing the mortgagee against the indorsement of any bills or promissory notes or any other liability by him incurred for the mortgagor not extending for a longer period than two years from the date of the mortgage and in case the mortgage is executed in good faith and sets forth fully by recital or otherwise the terms, nature and effect of the agreement and the amount of liability intended to be created and in case such mortgage is accompanied by the affidavit of a witness thereto of the due execution thereof and by the affidavit of the mortgagee or one of several mortgagees or in case the agreement has been entered into and the mortgage taken by an agent duly authorised by writing to make such agreement and take such mortgage, in which case a copy of such authority shall be attached thereto, and if the agent is aware of the circumstances connected therewith, then, if accompanied by the affidavit of que agent, such affidavit whether of the mortgagee or his agent, stating the mortgage truly sets forth the agreement entered into between the parties thereto and truly states the extent of the liability intended to be created by such agreement and covered by such mortgage ånd that such mortgage is executed in good faith and for the express purpose of securing the mortgagee repayment of his advances or against the payment of the amount of his liability for the mortgagor as the case may be, and not for the purpose of securing the goods and chattels mentioned therein against the creditors of the mortgagor nor to prevent such creditors from recovering any claims which they may have against such mortgagor and in case such mortgage is registered as hereinafter provided within thirty days from the execution thereof the same shall be as valid and binding as mortgages mentioned in the sixth section of this Ordinance. C. O. 43, s. 8.

that

not attended

9. Every sale, assignment and transfer of goods and chat- Sale of goods. tels not accompanied by an immediate delivery and followed by by delivery an actual and continued change of possession of the goods and possession chattels sold shall be in writing and such writing shall be a

and change of

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