be sufficient if it is in the following words: "All my personal property which may be seized and sold under execution," or words to that effect. No. 8 of 1895, s. 9. to be in situate 13. The proper registration officer for instruments being Registration mortgages and transfers of personal property shall be the clerk district where of the registration district in which the property described in property the mortgage or transfer 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 indorse 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. No. 8 of 1895, s. 10. enter 14. Every such clerk shall number each instrument or copy Clerk to filed in his office and shall enter in alphabetical order in a book instruments to be provided by him the names of all the parties to such in- in a book strument with the number indorsed thereon opposite to each name and such entry shall be repeated alphabetically under the name of every party thereto. No. 8 of 1895, s. 11. CONVEYANCES OF GROWING OR FUTURE CROPS. on crops 15. No mortgage, bill of sale, lien, charge, incumbrance, con- Securities veyance, transfer or assignment hereafter made, executed or created and which is intended to operate and have effect as a security shall in so far as the same assumes to bind, comprise, apply to or affect any growing crop or crop to be grown in future in whole or in part, be valid except the same be made, executed or created as a security for the purchase price and interest thereon of seed grain. mortgages to (2) Every mortgage or encumbrance upon growing crops or Crop crops to be grown, made or created to secure the purchase secure price price of seed grain shall be held to be within the provisions of of seed grain this Ordinance and the affidavit of bona fides among the other necessary allegations shall contain a statement that the same is taken to secure the purchase price of seed grain. sown within (3) No mortgage or encumbrance to secure the price of seed Crop must be grain shall be given upon any crop which is not sown within one year from one year of the date of the execution of the said mortgage or mortgage encumbrance. register of (4) Every registration clerk shall keep a separate register of Separate such seed grain mortgages and shall be entitled to receive the seed grain same fees for his services as provided for under section 33 of mortgages this Ordinance. mortgages (5) Every such seed grain mortgage so taken and filed shall Seed grain not be affected by or subject to any chattel mortgage or bill preferential of sale previously given by the mortgagor or by any writ of security execution against the mortgagor in the hands of the sheriff at the time of the registration of such seed grain mortgage but such seed grain mortgage shall be a first and preferential security for the sum therein mentioned. The date of the purchase Particulars to be given Cause for seizure by mortgagee Default in payment or of seed grain, the number of bushels and price per bushel must be stated in the mortgage as well as in the affidavit of bona fides. No. 8 of 1895, s. 29; No. 24 of 1896, ss. 3, 4, 5. PROCEDURE UNDER MORTGAGE ON DEFAULT. 16. Unless it is otherwise specially provided therein goods and chattels assigned under a mortgage or conveyance intended to operate as a mortgage of goods and chattels shall be liable to be seized or taken possession of by the grantee for any of the following causes : 1. If the grantor shall make default in payment of the sum performance or sums of money thereby secured at the time therein provided of agreements for payment or in the performance of any covenant or agreement contained in the mortgage or conveyance intended to operate as a mortgage and necessary for maintaining the security; Removal of goods Rent or taxes Execution Attempt to dispose of goods Mortgage filed to cease to be years unless renewed 2. If the grantor shall without the written permission of the grantee either remove or suffer the goods or any of them to be removed from the registration district within which they are situate; 3. If the grantor shall suffer the said goods or any of them to be distrained for rent, rates or taxes or shall suffer the said goods or any of them to be liable to seizure for rent by reason of default of the grantor in paying the same when due; 4. If execution shall have been levied against the goods of the grantor under any judgment at law; 5. If the grantor shall attempt to sell or dispose of or in any way part with the possession of the said goods. No. 8 of 1895, s. 22. RENEWAL OF MORTGAGES. 17. Every mortgage filed in pursuance of this Ordinance valid after two shall cease to be valid as against the creditors of the persons making the same and against subsequent purchasers or mortgagees in good faith for valuable consideration after the expiration of two years from the filing thereof unless, within thirty days next preceding the expiration of the said term of two years, a statement exhibiting the interest of the mortgagee, his executors, administrators or assigns in the property claimed by virtue thereof and a full statement of the amount still due for principal and interest thereon and of all payments made on account thereof is again filed in the office of the registration clerk of the district where the property is then situate with an affidavit of the mortgagee or of one of several mortgagees or of the assignee or one of several assignees or of the agent of the mortgagee or assignee or mortgagees or assignees duly authorised for that purpose, as the case may be, stating that such statements are true and that the said mortgage has not been kept on foot for any fraudulent purpose, which statement and affidavit shall be deemed one instrument. No. 8 of 1895, s. 12. 18. Such statement and affidavit shall be in the following Renewal of form or to the like effect: STATEMENT exhibiting the interest of C.D. in the property mentioned in the chattel mortgage dated the made between A.B. of A.D. 1 C.D. of day of of the other part and filed in the office of the registration clerk of the registration district of 1 (as the case may be) on the day of and of the amount due for principal and interest thereon and of all payments made on account thereof. The said C.D. is still the mortgagee of the said property and has not assigned the said mortgage (or the said E.F. is the assignee of the said mortgage by virtue of an assignment thereof from the said C.D. to him dated the 1 or as the case may be). day of No payments have been made on account of the said mortgage (or the following payments and no other have been made on account of the said mortgage: 1 -Jan. 1--Cash received $) The amount still due for principal and interest on the said chattel mortgage NORTH-WEST TERRITORIES,) To Wit: C. D. Affidavit I, gagee named in the chattel mortgage mentioned in the foregoing (or annexed) statement (or assignee of the mortgagee named in the chattel mortgage mentioned in the foregoing or annexed statement, as the case may be) make oath and say: 1. That the foregoing (or annexed statement) is true. 2. That the chattel mortgage mentioned in the said statement has not been kept on foot for any fraudulent purpose. Sworn before me at in the North-West Territories, this day of 1 No. 8 of 1895, s. 13. renewal yearly 19. Another statement in accordance with the provisions of Further section 17 hereof duly verified as required by that section shall after first be filed in the office of the registration clerk of the district renewal where the property is then situate within thirty days next preceding the expiration of the term of one year from the day of the filing of the statement required by the said section 17 and in default thereof such mortgage shall cease to be valid as against the creditors of the person making the same and as against purchasers and mortgagees in good faith for valuable consideration and so on from year to year; that is to say Personal representative or assignee Filing assignments Authority for taking instruments another statement as aforesaid duly verified shall be filed within thirty days next preceding the expiration of one year from the day of the filing of the former statement and in default thereof such mortgage shall cease to be valid as aforesaid. No. 8 of 1895, s. 14. 20. The affidavit required by section 17 of this Ordinance may be made by any next of kin, executor or administrator of any deceased mortgagee or by an assignee claiming by or through any mortgagee or any next of kin, executor or administrator of any such assignee; but if the affidavit is made by any assignee, next of kin, executor or administrator of any such assignee the assignment or the several assignments through which such assignee claims shall be filed in the office in which the mortgage is originally filed at or before the time of such refiling by such assignee, next of kin, executor or administrator of such assignee. No. 8 of 1895, s. 15. AGENTS' AUTHORITY TO TAKE CONVEYANCES. 21. An authority for the purpose of taking or renewing a mortgage or conveyance intended to operate as a mortgage or may be general sale, assignment or transfer of goods and chattels under the provisions of this Ordinance may be a general one to take and renew all or any mortgages or conveyances to the mortgagee or bargainee; and provided such general authority is duly filed with the clerk it shall not be necessary to attach a copy thereof to any mortgage filed. No 8 of 1895, s. 26; No. 24 of 1896, s. 2. "Mortgagee" to include agent or manager of company Rectification of omissions and errors 22. For the purpose of making the affidavit of bona fides required by sections 6, 8 and 9 of this Ordinance and the affidavit required by section 17 of this Ordinance the expressions "mortgagee," "bargainee," or "assignee" shall, in addition to their primary meaning, mean and include the agent or manager of any mortgagee, bargainee or assignee being an incorporated company. No. 24 of 1896, s. 8. OMISSIONS AND ERRORS. 23. Subject to the rights of third persons accrued by reason of such omissions as are hereinafter defined any judge of the Supreme Court of the Territories on being satisfied that the omission to register a mortgage or other transfer of personal property or any authority to take or renew the same or any statement and affidavit of renewal thereof within the time prescribed by this Ordinance or the omission or misstatement of the name, residence or occupation of any person was accidental or due to inadvertence or impossibility in fact, may in his discretion order such omission or misstatement to be rectified by the insertion in the register of the true name, residence or occupation or by extending the time for such registration on such terms and conditions if any as to security, notice by advertisement or otherwise or as to any other matter as he thinks fit to direct. 22 (5). No. 8 of 1895, s. 23; No. 38 of 1897, s. ASSIGNMENT OF MORTGAGES. of mortgages 24. In case any registered chattel mortgage has been Filing assigned such assignment may upon proof by the affidavit of ignments a subscribing witness be numbered and entered in the book mentioned in section 14 hereof in the same manner as a chattel mortgage and the proceedings authorised by sections 26 and 27 of this Ordinance may and shall be had upon a certificate of the assignee proved in manner aforesaid. No. 8 of 1895, s. 20. DISCHARGE OF MORTGAGES. 25. Where any mortgage of goods and chattels is registered Discharge of under the provisions of this Ordinance such mortgage may be mortgage discharged by the filing in the office in which the same is registered of a certificate signed by the mortgagee, his executors or administrators in form B in the schedule hereto or to the like effect. No. 8 of 1895, s. 17. indorsement 26. The officer with whom such chattel mortgage is filed Entry and upon receiving such certificate duly proved by the affidavit of a of discharge subscribing witness shall at each place where the number of of mortgage such mortgage has been entered with the name of any of the parties thereto in the book kept under section 14 of this Ordinance or wherever otherwise in the said book the said mortgage has been entered, write the words "Discharged by certificate number (stating the number of certificate)"; and he shall also indorse the fact of such discharge upon the instrument discharged and shall affix his name to such indorsement. No. 8 of 1895, s. 18. of discharge 27. Any person filing a discharge of mortgage or a partial Certificate discharge of mortgage as aforesaid shall be entitled to ask for and receive from such clerk a certificate (other than the certificate which might be indorsed on a copy or duplicate of the mortgage as aforesaid) of such discharge or partial discharge in the form following or to the like effect: North-West Territories. This is to certify that an instrument purporting to be a discharge in full (or a partial discharge) of a certain chattel mortgage bearing date the filed the between A.B. of of day of day of and following, made as mortgagor and C.D. as mortgagee has been filed in the office of the clerk of the registration district of the day of on (and in case of a partial discharge that the goods or property mentioned in such partial discharge consist of the chattel or property) describing E.M., Clerk. Form of certificate |