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manding it a memorandum in writing stating that his claims against the goods are satisfied and such memorandum shall thereupon operate to divest the seller or bailor of any further interest or right of possession if any in the said goods. Any such memorandum if accompanied by an affidavit of execution of an attesting witness may be registered. C.O., c. 44, s. 6.

7. In case the seller or bailor shall retake possession of the Retaking goods he shall retain the same in his possession for at least 20 Possession days and the buyer, bailee or any one claiming by or through or under the buyer or bailee may redeem the same upon payment of the amount actually due thereon and the actual necessary expenses of taking possession. C.O., c. 44, s. 7.

notice of sale

8. The goods or chattels shall not be sold without five days' Five days' notice of the intended sale being first given to the buyer or to be given bailee or his successor in interest. The notice may be personally served or may in the absence of such buyer, bailee or his successor in interest be left at his residence or last place of abode or may be sent by registered letter deposited in the post office at least seven days before the time when the said five days will elapse addressed to the buyer or bailee or his successor in interest at his last known post office address in Canada. The said five days or seven days may be part of the 20 days mentioned in section 7 hereof. C.O., c. 44, s. 8.

instrument

9. Copies of any instrument filed under this Ordinance cer- Copies of tified by the registration clerk shall be received as prima facie to be evidence evidence for all purposes as if the original instrument were produced and also as prima facie evidence of the execution of the original instrument according to the purport of such copy. And the clerk's certificate shall also be prima facie evidence of the date and hour of registration or filing. C.O., c. 44, s. 9.

fees

10. The registration clerk shall be entitled to charge a fee Registration of 25 cents for each registration; 10 cents for each search; 10 cents per 100 words for copies of documents and 25 cents for each certificate. C.O., c. 44, s. 10.

TH

CHAPTER 45.

An Ordinance respecting Partnerships.

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

Declaration of partnerships to be filed in certain cases

Where parties absent

Contents of declaration

Time for filing declaration

Changes in firm

Individual using

REGISTRATION OF COPARTNERSHIPS.

1. All persons associated in partnership for trading, manu-facturing or mining purposes in the Territories shall cause to be filed in the office of the registration clerk of the registration district for registration of chattel mortgages and other transfers of personal property in the Territories in which they carry on or intend to carry on business a declaration in writing signed by the several members of such partnership:

Provided however that if any of the said members be absent from the place where they carry on or intend to carry on business at the time of making such declaration then such declaration shall be signed by the members present, in their own names and also for their absent co-members under their special authority to that effect; such special authority to be at the same time filed with the said registration clerk and annexed to such declaration. C.O., c. 45, s. 1.

2. Such declaration shall be in the form A in the schedule to this Ordinance and shall contain the names, surnames, additions and residences of each and every partner or associate as aforesaid and the name, style or firm under which they carry on or intend to carry on such business and stating also the time during which the partnership has existed and is to exist also declaring that the persons therein named are the only members of such copartnership or association. C.O., c. 45,

S. 2.

3. Such declaration shall be filed within six months next after the formation of any such partnership and a similar declaration shall in like manner be filed when and so often as any change or alteration or partnership takes place in the membership of such partnership or in the name, style or firm under which they intend to carry on business or in the place of residence of each member of said firm and every new declaration shall state the alteration in the partnership. C.O., c. 45, s. 3.

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4. Every person engaged in business for trading, manufactrade name turing or mining purposes and who is not associated in part

nership with any other person or persons but who uses as his business style some name or designation other than his own name or who in such business uses his own name with the addition of "and company" or some other word or phrase indicating a plurality of members in the firm shall cause to be filed as aforesaid a declaration of the fact in writing signed by such person. C.O., c. 45, s. 4.

Contents of

5. The declaration last aforesaid shall contain the name, 'individual surname, addition and residence of the person making the declaration same and the name, style or firm under which he carries on or intends to carry on business and shall also state that no other person is associated with him in partnership and the same shall be filed within six months of the time when such style is first used. C.O., c. 45, s. 5.

REGISTRATION BOOKS.

books

6. It shall be the duty of the registration clerk aforesaid Registration to keep two alphabetical index books of all declarations of copartnership filed in his office in pursuance of the provisions hereof. C.O., c. 45, s. 6.

book

7. In one of such books, hereinafter called the "firm index Firm index book," the registration clerk shall enter in alphabetical order the style of the respective firms in respect of which declarations have been filed in his office, and shall place opposite each entry the names of the person or persons composing such firm, and the date of the receipt by him of the declaration in the manner shown in form B in the schedule to this Ordinance. C.O., c. 45, s. 7.

book

8. In the second of such books, hereinafter called the "Indi- Individual index vidual index book," the said registration clerk shall enter in alphabetical order the names of the respective members of each of such firms and shall place opposite such entry the style of the firm of which such person is a member and the date of the receipt of the declaration in the manner shown in form C in the schedule to this Ordinance. C.O., c. 45, s. 8.

PENALTY FOR NONREGISTRATION.

comply with

9. Each and every member of any partnership or other per- Failure to sons required to register a declaration under the provisions of Ordinance this Ordinance who fails to comply with the requirements aforesaid shall forfeit the sum of one hundred dollars to be Penalty recovered before any court of competent jurisdiction by any person suing as well on his own behalf as on behalf of Her Majesty; and half of such penalty shall belong to the general revenue fund of the Territories and the other half to the party suing for the same unless the suit be brought as it may be by

Binding effect of declaration

Liability of persons signing Failure to

exempt from liability

the Attorney General on behalf of Her Majesty only, in which case the whole of the penalty shall belong to the Territories aforesaid. C.O., c. 45, s. 9.

EFFECT OF DECLARATION.

10. The allegations made in the declaration aforesaid cannot be controverted by any person who has signed the same nor can they be controverted as against any party not being a partner by a person who has not signed the same but who was really a member of the partnership therein mentioned at the time such declaration was made. C.O., c. 45, s. 10.

11. Until a new declaration is made and filed by him or by declaration his copartners or any of them as aforesaid no such signer shall declare does not be deemed to have ceased to be a partner; but nothing herein contained shall exempt from liability any person who being a partner fails to declare the same as already provided and such person may notwithstanding such omission be sued jointly with the partners mentioned in the declaration or they may be sued alone and if judgment is recovered against them any Partners' rights other partner or partners may be sued jointly or severally in an action on the original cause of action upon which such judgment was rendered nor shall anything in this Ordinance be construed to affect the rights of any partners with regard to each other except that no such declaration as aforesaid shall be controverted by any signer thereof. C.O., c. 45, s. 11.

inter se

Declaration of dissolution

DECLARATION OF DISSOLUTION.

12. Upon the dissolution of any partnership any or all of the persons who compose such partnership may sign and file a declaration certifying the dissolution of the partnership in the form D in the schedule to this Ordinance. C.O., c. 45, s. 12.

Fees

REGISTRATION FEES.

13. The said registration clerk shall be entitled for filing declaration under this Ordinance to a fee of fifty cents and for searches made in each of such books the following fees and no

more:

For searching in the firm index book, each firm....
For searching in the individual index book, each name...
For each certificate, when required..

$0 10

10

25

C.O., c. 45, s. 13.

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1. That we have carried on and intend to carry on trade and

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in partnership under the

(Or I or we) the undersigned hereby certify that I (or we)

have carried on and intend to carry on trade and business as

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in partnership with

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2. That the said partnership has subsisted since the

day of

one thousand

3. And that we (or I or we) and the said

and

are and have been since the said day the only members of the

said partnership.

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John Smith & Co.. ...John Smith, Moose Jaw.... 15 Sept. 1889

Edward Ives, Regina...

James Abbott & Son. James Abbott, Calgary.

George Abbott, Calgary..

Bernard & Johnson... Arthur Bernard, Troy..
Alexander Johnson, Troy.

10 Sept., 1889

1 Mar., 1889

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