Filing assignments

and no chattel mortgage in force and filed at the date of the establishing of such new district shall lose its priority by reason of its not being filed in the office of the registration clerk of such new district prior to its renewal.] 1900, c. 12, s. 3.

ASSIGNMENT OF MORTGAGES.

24. In case any registered chattel mortgage has been assigned of mortgages such assignment may upon proof by the affidavit of 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 authorized by sections 26 and 27 of this Ordinance may and shall be had upon a certificate of the assignee proved in the manner aforesaid. C.O., c. 43, s. 24.

Discharge of mortgage

Entry and

indorsement of discharge of mortgage

Certificate of discharge

Form of certificate

DISCHARGE OF MORTGAGES.

25. Where any mortgage of goods and chattels is registered under the provisions of this Ordinance such mortgage may be 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. C.O., c. 43, s. 25.

26. The officer with whom such chattel mortgage is filed upon receiving such certificate duly proved by the affidavit of a subscribing witness shall at each place where the number of 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 endorse the fact of such discharge upon the instrument discharged and shall affix his name to such indorsement. C.O., c. 43, s. 26.

27. Any person filing a discharge of mortgage or a partial 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.
Registration District of

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

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

(and in case of a

partial discharge that the goods or property mentioned in such

partial discharge consists of

chattel or property)

describing the
E.M., Clerk.
C.O., c. 43, s. 27.

REMOVAL OF CHATTELS MORTGAGED.

goods not to

without notice

28. No goods or chattels under mortgage shall be removed Mortgaged into another registration district without a notice of the inten- be removed tion 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. C.O., c. 43, s. 28.

goods to

district

29. In the event of the permanent removal of goods and Removal of chattels mortgaged as aforesaid from the registration district another 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 filed 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. C.O., c. 43, s. 29.

EVIDENCE. CERTIFIED COPIES.

copies

30. Copies of any instrument filed under this Ordinance, Certified 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. C.O., c. 43, s. 30.

AFFIDAVITS.

oaths

31. All affidavits and affirmations required by this Ordi- Officers for nance may be taken and administered by the registration clerk or any person whether in or out of the Territories authorized 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. C.O., c. 43, s. 31.

୮

Time for filing expiring on Sunday or holidays

Clerk's fees

EXPIRY ON HOLIDAY OF TIME FOR FILING.

32. Where under any provisions of this Ordinance the time for registering or filing any mortgage, bill of sale, instrument, 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. C.O., c. 43, s. 32.

CLERK'S FEES.

33. For services under this Ordinance each clerk aforesaid shall be entitled to receive the following fees:

1. For filing each instrument and affidavit, including the certificate on a dupliacte, if any, and for entering the same in a book as aforesaid, 50 cents;

2. For filing assignments of each instrument and for making all proper indorsements in connection therewith, 50 cents; 3. For filing certificates 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. C.O., c. 43, s. 33.

now

Witnesseth that in consideration of the sum of $ 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

day of

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 the said C.D. the principal sum 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 as to insurance, payment of rent, collateral securities or otherwise which the parties may agree to for the maintenance or defeasance 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 me E.F.
(Add name, address and occupation
of witness.)

A.B.

FORM B.

(Section 25.)

DISCHARGE OF CHATTEL MORTGAGE.

To the registration clerk of the registration district of

I, A.B., of

do certify that

has

satisfied all money due on or to grow due on a certain chattel mortgage made by

mortgage bears date the

to

day of

which A.D. 1

and was registered (or in case the mortgage has been renewed was renewed) in the office of the registration clerk of the registration district of

the

number

A.D. 1

on

as

(here mention the day and date or registration of each assignment thereof and the names of the parties or mention that such mortgage has not been assigned as 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 Witness (stating residence and occupation).

E.F.

Conditional sales of goods

Proviso

Registration

Memorandum

of satisfaction of seller

CHAPTER 44.

An Ordinance respecting Hire Receipts and Conditional Sales of Goods.

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

1. Whenever on a sale or bailment of goods of the value of $15 or over it is agreed, provided or conditioned that the right 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 bailment 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. C.O., c. 44, s. 1.

2. Such writing or a true copy thereof shall be registered in 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. C.O., c. 44, s. 2.

3, 4, 5. (Repealed) 1903, 2nd session, c. 12, s. 1.

6. The seller or bailor shall upon payment or tender of the amount due in respect of such goods or performance of the conditions of the bailment sign and deliver to any person de