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Copies of instruments as evidence

Evidence.

12. (1) A copy of any instrument filed under this Act certified by the registration clerk shall be received as prima facie evidence for all purposes as if the original instrument were produced and also as prima facie evidence of the execution of the original instrument according to the purport of such copy.

(2) The clerk's certificate shall also be prima facie evidence of the date and hour of registration or filing. [C.O. 1898, c. 44, s. 9.]

Forms and Fees.

Registration

fees

Forms, fees
and regulations

13. The registration clerk shall be entitled to charge the following fees, that is to say:

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14. The Lieutenant Governor in Council shall from time to time provide the necessary books, forms and other office requisites and may alter or repeal any of the provisions of section 13 hereof as to fees or prescribe additional or other fees and shall make such rules and regulations as are necessary to carry out the provisions of this Act.

[1917, c. 3, s. 32(4).]

CHAPTER 151.

An Act respecting Mortgages and Sales of
Personal Property.

HIS

IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

Short Title.

1. This Act may be cited as "The Bills of Sale Act."

Short title

[C.O. 1898, c. 43, s. 1.]

Registration Districts and Clerks.

districts

2. (1) For the purposes of the registration of mortgages Registration and other transfers of personal property in the Province of Alberta the boundaries of registration districts shall be as set forth in schedule 2 hereto.

districts and

new districts

(2) The Lieutenant Governor in Council may alter the Alteration of boundaries of any registration district by adding thereto formation of or taking therefrom; and may establish new districts and appoint registration clerks therefor who shall hold office during pleasure; and may designate at what places the offices of such clerks shall be kept.

[C.O. 1898, c. 43, s. 2; 1900, c. 12, s. 1.]

vacancies

3. In the event of any vacancy occuring in the office of Filling registration clerk by reason of death, resignation or otherwise the vacancy shall be filled by the Lieutenant Governor in Council. [C.O. 1898, c. 43, s. 3.]

4. (1) Every registration clerk shall keep his office office hours 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 Act or Rules of the Supreme Court, when the same shall be closed at one o'clock in the afternoon.

(2) Registration shall be effected during office hours only. [C.O. 1898, c. 43, s. 4.]

documents

5. No registration clerk shall draw or prepare any Preparation of document or conveyance which may be filed or registered in his office under the provisions of this or any other Act. [C.O. 1898, c. 43, s. 5.]

Mortgages

unaccom

panied by
delivery and
change of
possession
of goods

Form of
Mortgage

Mortgage to secure future advances or to indemnify indorsers, etc.

Mortgages and Sales of Chattels Form and

Registration.

6.—(1) Every mortgage or conveyance intended to operate 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.

(2) Such last mentioned affidavit shall state that the mortgagor therein named is justly and truly indebted to the mortgagee in the sum mentioned in the mortgage, and 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.

(3) Every such mortgage or conveyance shall operate or take effect upon from and after the day and time of the filing thereof. [C.O. 1898, c. 43, s. 6; 1922, c. 50, s. 1.]

7. Except in cases provided for in the next following section of this Act a mortgage or conveyance intended to operate as a mortgage of goods and chattels may be made in accordance with form A in schedule 1 to this Act.

[C.O. 1898, c. 43, s. 7.]

8. In case of an agreement in writing for future advances for the purpose of enabling the borrower to enter into and carry on business with such advances, and in case of a mortgage of goods and chattels for securing to the mortgagee repayment 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

provided that such 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 section 6 of this Act.

[C.O. 1898, c. 43, s. 8; 1922, c. 50, s. 2.]

not attended

9.—(1) Every sale, assignment or transfer of goods and Sale of goods chattels not accompanied by an immediate delivery and by delivery followed by an actual and continued change of possession possession of the goods and chattels sold shall be in writing.

(2) Such writing shall be a conveyance under the provisions of this Act 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 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.

(3) Such conveyance and affidavits shall be registered as hereinafter provided within thirty days from the execution thereof, otherwise the sale, assignment or transfer shall be absolutely void as against the creditors of the bargainor and as against subsequent purchasers or mortgagees in good faith.

(4) Such registration shall have effect only in the registration district wherein it is effected.

[C.O. 1898, c. 43, ss. 9, 10; 1922, c. 50, s. 3.]

and change of

10. (1) Every assignment by any person engaged in Assignment of any trade or business of his existing or future book debts, or by traders any class or part thereof, shall be in writing, and such writing shall be a conveyance under the provisions of this Act and shall be accompanied by an affidavit of a witness thereto of the due execution thereof, and an affidavit of the assignee or his agent that the assignment is bona fide and for good consideration as set forth in the assignment, and not for the

Crown as mortgagee or assignee

Omission to register or false

statement of consideration

Description of property

Place of registration

purpose of holding or enabling the assignee to hold the said debts against the creditors of the assignor, and such assignment and affidavit shall be registered as hereinafter provided within thirty days from the execution thereof, otherwise the assignment shall be absolutely void as against the creditors of the assignor and as against subsequent purchasers or mortgagees of such debts or any part thereof in good faith.

(2) "Assignment" in this section shall include all assignments by way of security and all other mortgages or charges upon book debts. [1922, c. 50, s. 4.]

11. Where the Crown is the mortgagee, bargainee, or assignee the provisions of this Act as to an affidavit of bona fides shall not apply. [1918, c. 4, s. 50(1).]

12. In case such mortgage or conveyance and affidavits are not registered as hereinbefore provided or in case the consideration for which the same is made is not truly expressed therein the mortgage or conveyance shall be absolutely void as against creditors of the mortgagor and as against subsequent purchasers or mortgagees in good faith for valuable consideration. [C.O. 1898, c. 43, s. 11.]

13. Every instrument to which this Act applies whether for the mortgage, sale, assignment or transfer of goods and chattels shall contain such sufficient and full description thereof that the same may be readily and easily known and distinguished. [C.O. 1898, c. 43, s. 12; 1922, c. 50, s. 5.]

14. (1) The proper registration officer for every instrument being a mortgage or transfer of personal property shall be the clerk of the registration district in which the property described in the mortgage or transfer is situated at the time of the execution of the instrument.

(2) For the purposes of this section book debts shall be deemed to be situated in the registration district in which the assignor carries on trade or business.

(3) Every such registration clerk shall file all such instruments presented to him for that purpose and shall indorse thereon the time of receiving the same in his office and the same shall be kept there for the inspection of the public subject to the payment of the proper fees.

[C.O. 1898, c. 43, s. 13.]

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