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REMOVAL OF CHATTELS MORTGAGED.
Mortgaged 28. No goods or chattels under mortgage shall be removed goods not to be removed into another registration district without a notice of the inwithout notice
tention to remove be mailed post paid and registered to the mortgagee at his last known place of address 'not less than twenty days prior to such removal. No. 24 of 1896, s. 7.
Removal of goods to another district
29. In the event of the permanent removal of goods and chattels mortgaged as aforesaid from the registration district in which they were at the time of the execution of the mortgage, to another registration district before the payment and discharge of the mortgage a certified copy of such mortgage under the hand of the registration clerk in whose office it was first registered and of the affidavit and documents and instruments relating thereto tiled in such office, shall be filed with the registration clerk of the district to which such goods and chattels are removed within three weeks from such removal otherwise the said goods and chattels shall be liable to seizure and sale under execution and in such case the mortgage shall be null and void as against subsequent purchasers and mortgagees in good faith for valuable consideration as if never executed. No. 8 of 1895, s. 21.
30. Copies of any instrument filed under this Ordinance, certified by the registration clerk, shall be received as prima facie evidence for all purposes as if the original instrument was 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 and filing. No. 38 of 1897, s.
officers for oaths
31. All affidavits and affirmations required by this Ordi. nance may be taken and administered by the registration clerk or any person whether in or out of the Territories authorised to administer oaths or take affidavits for use in the Supreme Court of the Territories and the sum of 25 cents shall be payable for every oath thus administered. No. 8 of 1895, s. 28; No. 38 of 1897, s. 22 (6),
EXPIRY ON HOLIDAY OF TIME FOR FILING.
Time for filing
32. Where under any provisions of this Ordinance the time expiring on
for registering or filing any mortgage, bill of sale, instrument, Sundar or holiday document, affidavit or other paper expires on a Sunday or other
day on which the office in which the registering or filing is to be made or done is closed and by reason thereof the filing or registering cannot be made or done on that day the registering or filing shall so far as regards the time of doing or making the same be held to be duly done or made if done or made on the day on which the office shall next be open. No. 8 of 1895, s. 25.
33. For services under this Ordinance each clerk aforesaid Clerk's fees shall be entitled to receive the following fees:
1. For filing each instrument and affidavit, including the certificate on a duplicate, if any, and for entering the sanie in a book as aforesaid, 50 cents.
2. For filing assignment of each instrument and for making all proper indorsements in connection therewith, 50 cents:
3. For filing certificate of discharge of each instrument and for making all proper entries and indorsements connected therewith, 50 cents;
4. For searching for each paper, 25 cents;
5. For copies of any document filed under this Ordinance with certificate thereof, 10 cents for every hundred words;
6. For every certificate under section 27 of this Ordinance, 50 cents. No. 9 of 1895, s. 27.
MORTGAGE OF CHATTELS.
This Indenture made the
A.D. 1 between A.B., of
of the one part and C.D., of of the other part. Witnesseth that in consideration of the sum of $
Now paid to A.B. by C.D. the receipt of which the said A.B. hereby acknowledges (or whatever else the consideration may be) he the said A.B. doth hereby assign to the said C.D. his executors, administrators and assigns all and singular the several chattels and things specifically described as follows (or in the schedule hereto annexed) by way of security for the payment of the sum of $ and interest thereon at the rate of
per cent. per annum (or whatever else may be the rate) and the said A.B. doth further agree and declare that he will duly pay to to the said C.D. the principal suin aforesaid together with the interest then due on the
A.D. (or whatever else may be the stipulated time or times for payment). And the said A.B. doth agree with the said C.D. that he will (here insert terms (18 to insurance, payment of rent, collateral securities or otherwise which the parties muy agree to for the maintenance or defeasunce of the security.)
Provided always that the chattels hereby assigned shall not be liable to seizure or to be taken possession of by the said C.D. for any cause other than those specified in section 16 of
The Bills of Sale Ordinance except as is otherwise specially provided herein.
In witness whereof the said A.B. has hereunto set his hand and seal. Signed and sealed by the said A.B. in the presence of E.F.
A.B. (Add name, address and occupation
DISCHARGE OF CHATTEL MORTGAGE.
To the registration clerk of the registration district of
has satisfied all money due on or to grow due on a certain chattel mortgage made by
which mortgage bears date the
A.D. 1 and was registered (or in case the mortgage hus been renewed was renewed) in the office of the registration clerk of the registration district of the
A.D. 1 number
(here mention the day and date of registration of each assignment thereof and the names of the parties or mention that such mortgage has not been assigned us the fact may be) and that I am the person entitled by law to receive the money; and that such mortgage is therefore discharged. Witness my hand this
An Ordinance respecting Hire Receipts and Condition
al Sales of Goods.
THE Lieutenant Governor by and with the advice and con
sent of the Legislative Assembly of the Territories enacts as follows:
1. Whenever on a sale or bailment of goods of the value of Conditional $15 or over it is agreed, provided or conditioned that the right sales of goods of property or right of possession in whole or in part shall remain in the seller or bailor notwithstanding that the actual possession of the goods passes to the buyer or bailee the seller or bailor shall not be permitted to set up any such right of property or right of possession as against any purchaser or mortgagee of or from the buyer or bailee of such goods in good faith for valuable consideration or as against judgments, executions or attachments against the purchaser or bailee unless such sale or bailment with such agreement, proviso or condition is in writing signed by the bailee or his agent and registered as hereinafter provided. Such writing shall contain such a description of the goods the subject of the bailment that the same may be readily and easily known and distinguished :
Provided that nothing in this section shall apply to any bail- Proviso ment where it is not intended that the property in the goods shall eventually pass to the bailee on payment of purchase money in whole or in part or the performance of some condition by the bailee. No. 39 of 1897, s. 1; No. 18 of 1898, s. 1.
2. Such writing or a true copy thereof shall be registered in
Registration the office of the registration clerk for chattel mortgages in the registration district within which the buyer or bailee resides within 30 days of such sale or bailment and also in the registration district in which the goods are delivered or to which they may be removed within 30 days of such delivery or removal verified by the affidavit of the seller or bailor or his agent stating that the writing (or copy) truly sets forth the agreement between the parties and that the agreement therein set forth is bona fide and not to protect the goods in question against the creditors of the buyer or bailee as the case may be. No. 39 of 1897, s. 2 ; No. 18 of 1898, s. 2.
3. The seller or bailor, his executors, administrators or as- Renewal of signs or his or their agent shall within 30 days next preceding registration the expiration of two years from the date of such registration file with such registration clerk a renewal statement verified by affidavit showing the amount still due to him for principal and interest if any and of all payments made on account thereof and whether or to what extent the condition if any of the bailment is still unperformed and thereafter from year to year
a similar statement similarly verified within the 30 days next preceding the expiration of the year from the filing of the last renewal statement and in default of such filing the seller or bailor shall not be permitted to set up any right of property or right of possession in the said goods as against the creditors of the buyer or bailee or any purchaser or mortgagee of or from the buyer or bailee in good faith for valuable consideration. No. 39 of 1897, s. 3.
Penalty for false statement
4. Any seller or bailor or agent of such seller or bailor inaking any false statement in such renewal statement shall be guilty of an offence and liable on summary conviction thereof to a fine not exceeding $100. No. 39 of 1897, s. 4.
Seller bound by statement made in renewal
5. Any such seller or bailor shall be bound by any statement made by him or his agent in such renewal statement and the goods shall be liable to redemption and the seller or bailor to be divested of his property and right of possession if any, in the goods upon payment of the amount actually due and owing in respect thereof or upon performance of the condition of the bailment by the buyer, bailee or any person claiming by, through or under the buyer or bailee. No. 39 of 1897, s. 5.
6. The seller or bailor shall upon payment or tender of the of satisfaction amount due in respect of such goods or performance of the
conditions of the bailment sign and deliver to any person demanding 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. No. 39 of 1897, s. 6.
7. In case the seller or bailor shall retake possession of the goods he shall retain the same in his possession for at least 20 days and the buyer, bailee or any one claiming by or through or under the buyer or bailee may redeem the same upon pay. ment of the amount actually due thereon and the actual necessary expenses of taking possession. No. 39 of 1897, s. 7.
Five days 8. The goods or chattels shall not be sold without five days notice of sale 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 tive 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. No. 39 of 1897, s. 8.
Copies of instrument to be evidence
9. Copies of any instrument filed under this Ordinance certitied by the registration clerk shall be received as prima facie