Fraudulent Pressure Assignments for creditors and bona fide transactions CHAPTER 42. An Ordinance respecting Preferential Assignments. THE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: 1. Every gift, conveyance, assignment or transfer, delivery over or payment of goods, chattels or effects or of bonds, bills, notes, securities or of shares, dividends, premiums or bonus in any bank, company or corporation made by any person at any time when he is in insolvent circumstances or is unable to pay his debts in full or knows that he is on the eve of insolvency with intent to defeat or delay or prejudice his creditors or to give to any one or more of them a preference over his other creditors or over any one or more of them or which has such effect shall as against them be utterly void. C.O., c. 42, s. 1. 2. Every such gift, conveyance, assignment, transfer, delivery over or payment whether made owing to pressure or partly owing to pressure or not, which has the effect of defeating, delaying or prejudicing creditors or giving one or more of them a preference shall as against the other creditors of such debtor be utterly void. C.O., c. 42, s. 2. 3. Nothing in this Ordinance shall apply to any deed of assignment made and executed by a debtor for the purpose of paying and satisfying rateably and proportionately and without preference or priority all the creditors of such debtor their just debts or any bona fide sale of goods or payment made in the ordinary course of trade or calling, to innocent purchasers or parties. C.O., c. 42, s. 3. THE CHAPTER 43. An Ordinance respecting Mortgages and Sales of Personal Property. HE Lieutenant Governor by and with the advice and consent of the Legislative Assembly of the Territories enacts as follows: SHORT TITLE. 1. This Ordinance may be cited and known as "The Bills Short title of Sale Ordinance." C.O., c. 43, s. 1. REGISTRATION DISTRICTS. districts 2. For the purposes of the registration of mortgages and Registration other transfers of personal property in the Territories the following shall be registration districts: district 1. The registration district of "Moosomin," comprising that Moosomin 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 south of a line which may be described as follows: Commencing at a point where the line between the townships twenty and twenty-one in the Dominion Lands system of surveys intersects the western boundary of the Province of Manitoba, thence westerly following the said line between townships twenty and twenty-one to its intersection with the line between ranges seven and eight west of the second meridian, thence northerly along the line between ranges seven and eight to its intersection with the line. between townships twenty-two and twenty-three, thence westerly along the line between the said townships twenty-two and twenty-three to its intersection with the line between ranges ten and eleven west of the second meridian in the Dominion Lands system of survey; 2. The registration district of "Yorkton," comprising that Yorkton district part of the said provisional District of Assiniboia, eastward of the eleventh range of townships west of the second meridian and north of the north boundary of the registration district of Moosomin; Regina district Moose Jaw district Medicine Hat district Macleod district Calgary district Edmonton district Battleford district Prince Albert district Alteration of districts and formation of new districts 3. The registration district of "Regina," comprising 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; 4. 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; 5. 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; 6. The registration district of "Macleod," comprising all that portion of the Provisional District of Alberta as defined by the said Order of the Privy Council lying south of township seventeen; 7. The registration district of "Calgary," comprising all that part of the said Provisional District of Alberta lying between townships sixteen and forty-three; 8. The registration district of "Edmonton," comprising all that portion of the said Provisional District of Alberta lying north of township forty-two; 9. The registration district of "Battleford," comprising 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; 10. The registration district of "Prince Albert," comprising all that portion of the said Provisional District of Saskatchewan lying east of the Battleford registration district. [(2) The Lieutenant Governor in Council shall have power to alter the boundaries of any registration district now or hereafter established by adding thereto or taking therefrom; and to establish new districts and to appoint registration clerks therefor who shall hold office during pleasure; and designate at what places the offices of such clerks shall be kept.] C.O., c. 43, s. 2; 1900, c. 12, s. 1. REGISTRATION CLERKS. Present clerks continued Appointments 3. The registration clerks for the existing registration districts are hereby continued in office and shall severally hold office during pleasure and their offices shall be kept at places to be designated by the Lieutenant Governor in Council. (2) 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. C.O., c. 43, s. 3. 4. The registration clerks under this Ordinance shall keep their respective offices open between the hours of ten in the forenoon and four in the afternoon on all days excepting Sundays and holidays and except on Saturdays and during the period of vacation prescribed by The Judicature Ordinance when the same shall be closed at one o'clock in the afternoon and during office hours only shall registrations be made. C.O., c. 43, s. 4. 5. No registration clerk shall draw or prepare any document or conveyance which may be filed or registered in his office under the provisions of this or any other Ordinance. C.O., c. 43, s. 5. MORTGAGES AND SALES OF CHATTELS. FORM AND REGISTRATION. unaccompanied possession 6. Every mortgage or conveyance intending to operate as a Mortgages mortgage of goods and chattels which is not accompanied by by delivery and an immediate delivery and an actual and continued change of change of possession of the things mortgaged shall within thirty days of goods 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 (save as hereinafter provided under section 21 hereof) 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 shall operate or take effect upon from and after the day and time of the filing thereof. C.O., c. 43, s. 6. be in form appended 7. Except as to cases provided in the next following section Mortgage may of this Ordinance a mortgage or conveyance intended to operate as a mortgage of goods and chattels may be made in accordance with form A in the schedule to this Ordinance. C.O., c. 43, s. 7. secure future 8. In case of an agreement in writing for future advances Mortgage to for the purpose of enabling the borrower to enter into and advances or carry on business with such advances and in case of a mortgage of goods and chattels for securing the mortgagee repay to indemnify indorsers, etc. Sale of goods not attended ment of such advances or in case of a mortgage of goods and chattels for securing the mortgagee against the indorsement 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, nature 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 registered as hereinafter provided within thirty days from the execution thereof the same shall be as valid and binding as mortgages mentioned in the sixth section of this Ordinance. C.O., c. 43, s. 8. 9. Every sale, assignment and transfer of goods and chattels not accompanied by an immediate delivery and followed by an and change of actual and continued change of possession of the goods and by delivery possession chattels sold shall be in 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 bargainee 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 the 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 |