tween ranges ten and eleven West of the Second Meridian in the Dominion Lands system of survey, Yorkton (b) The Registration District of "Yorkton" compris- Dokto ing 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 North of the North boundary of the registration District of Moosomin ; District. (c) The registration district of "Regina," comprising Regina that 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 : (d) The registration district of Moose Jaw," comprising 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 : (e) The registration district of "Medicine Hat," comprising all that portion of the said Provisional District of Assiniboia west of the registration district of Moose Jaw; Moose Jaw District. Medicine Hat District. District. (f) The registration district of "Macleod," comprising Macleod all that portion of the Provisional District of Alberta as defined by the said Order of the Privy Council, lying south of township seventeen: Calgary (g) The registration district of "Calgary," compris- District ing all that part of the said Provisional District of Alberta lying between townships sixteen and fortythree : Edmonton (h) The registration district of "Edmonton," com1- District. prising all that portion of the said Provisional District of Alberta lying north of township forty-two : Battleford (i) The registration district of "Battleford," compris District Prince Albert PresentClerks continued. Appointments by Lt. Gov. in Council. Mortgage and affidavit of filed. Affidavit of bona fides. ing all 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 ; (j) The registration district of "Prince Albert,"comprising all that portion of the said Provisional District of Saskatchewan lying east of the Battleford registration district. 3. The Registration Clerks for the existing Registration Districts are hereby continued in office and shall severally hold office during the pleasure of the Lieutenant-Governor-in-Council, and their offices shall be kept at places to be designated by the LieutenantGovernor-in-Council. (1) 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. 4. Every mortgage or conveyance intended to operwitness to be ate 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 authorized by power in writing to take such mortgage, in which case a copy of such authority shall be attached thereto; 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 Mortgage to shall operate or take effect upon, from and after the take effect day and time of the filing thereof. from day of filing. secure future indemnify en duly register 5. In case of an agreement in writing for future ad- Mortgage to vances for the purpose of enabling the borrower to advances or to enter into and carry on business with such advances, dorsers, etc.. and in case of a mortgage of goods and chattels for to be valid if securing the mortgagee repayment of such advances, ed." or in case of a mortgage of goods and chattels for securing the mortgagee against the endorsement 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, rature 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 authorized 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 such agent, such affidavit, whether of the mortgagee or his agent, stating that 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, and 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 Sales of goods not attended shall be regis registered as hereinafter provided, within thirty days from the execution thereof, the same shall be as valid and binding as mortgages mentioned in the third Section of this Ordinance. 6. Every sale, assignment and transfer of goods with delivery and chattels not accompanied by an immediate detered or else livery, and followed by an actual and continued change against credi- of possession of the goods and chattels sold, shall be in be void as tors, etc. Registration to have etteot in district where made. If mortgage, etc. not regis writing, and such writing shall be a conveyance under the provisions of this Ordinance, and shall be accompanied by an affidavit of a witness thereto of the due execution thereof, and an affidavit of the bargainee, or one of several bargainees, or of the agent of the bargain:ee or bargainees, duly authorized in writing to take such conveyance (a copy of which authority shall be attached to the conveyance), that the sale is bona fide and for good consideration, as set forth in the said conveyance, and not for the purpose of holding or enabling the bargainee to hold the goods mentioned therein against any creditors of the bargainor; and such conveyance and affidavits shall be registered as hereinafter provided within thirty days from the execution thereof, otherwise the sale shall be absolutely void as against the creditors of the bargainor and as against subsequent purchasers or mortgagees in good faith. 7. Such registration shall only have effect in the registration district wherein such registration has been made. (a) Provided however that the division of the Registration District of Moosomin, as it existed prior to the coming into force of this Ordinance, shall not affect Mortgages or other instruments filed before such division but such mortgages and other instruments and any renewal or renewals thereof shall have the same force and effect as if filed in the office of the Registration Clerk of the Registration District of Yorkton. 8. In case such mortgage or conveyance and affidavits are not registered as hereinbefore provided, or deration not it shall be void in case the consideration for which the same is made tered or consi is not duly expressed therein, the mortgage or convey-dulyexpressed ance shall be absolutely null and void as against credi- against tors of the mortgagor, and against subsequent creditors. purchasers or mortgagees in good faith for valuable consideration. sufficien 9. All the instruments mentioned in this Ordinance, Description of property is to whether for the mortgage or sale, assignment or trans- be full and fer of goods and chattels, shall contain such sufficient and full description thereof, that the same may be readily and easily known and distinguished, except in the case of assignments for the general benefit of creditors, in which case the description shall be sufficient, if it is in the following words: "All my personal Form property which may be seized and sold under execu- for benefit of tion," or words to that effect. assignment. creditors. etc., to be office for situate. 10. The proper registration officer for instruments, Mortgages, being mortgages and transfers of personal property, registered in shall be the clerk of the registration district in which District where the property described in the mortgage or transfer is property is at the time of the execution of the instrument; such registration clerks shall file all such instruments presented to them respectively for that purpose, and shall endorse thereon the time of receiving the same in their respective offices, and the same shall be kept there for the inspection of the public, subject to the payment of the proper fees. instrumente 11. Every such clerk shail number each instrument Clerk to entr or copy filed in his office, and shall enter in alphabeti- in a book. cal order in a book to be provided by him the names of all the parties to such instrument, with the number endorsed thereon opposite to each name: and such entry shall be repeated alphabetically under the name of every party thereto. to cease to be 12. Every mortgage filed in pursuance of this Ordi- Mortgage filed nance shall cease to be valid as against the creditors of valid after the persons making the same, and against subsequent expiration purchasers or mortgagees in good faith for valuable unless renew. consideration, after the expiration of two years from ed. |