Certified copies Officers for oaths Time for filing expiring on Sunday or holiday Clerk's fees shall be filed with the registration clerk of the district Evidence Certified Copies. 31. Copies 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 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. 1898, c. 43, s. 30.] Affidavits. 32. All affidavits and affirmations required by this Act may be taken and administered by the registration clerk or any person, whether in or out of the Province, authorized to administer oaths or take affidavits for use in the Supreme Court of the Province and the sum of twenty-five cents shall be payable for every oath thus administered. [C.O. 1898, c. 43, s. 31.] Expiry on Holiday of Time for Filing. 33. Where under any provisions of this Act 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. 1898, c. 43, s. 32.] Clerk's Fees. 34. For services under this Act each clerk aforesaid shall be entitled to receive the following fees, that is to say: (a) For filing each instrument and affidavit, including the certificate on a duplicate, if any, and for entering the same in a book as aforesaid, fifty cents; (b) For filing assignment of each instrument and for making all proper indorsements in connection therewith, fifty cents; (c) For filing certificate of discharge of each instru- (d) For every search, twenty-five cents; (e) For copies of any document filed under this Act (f) For every certificate under section 28 of this Act- [C.O. 1898 c. 43 s. 33; 1916, c. 3 s. 36.] mortgages companies 35. Nothing in this Act herein before contained shall Saving of apply to any debentures, mortgages or charges issued of certain or given by any mortgage, loan or other incorporated company and secured upon the capital, stocks, or goods, chattels and effects of such company, for the registration of which other provisions have been made by The Companies Act. [1922, c. 50 s. 11.] sale, etc., of railway 36. Notwithstanding anything contained in this Act Bills of any bill of sale, chattel mortgage, or other agreement of on equipment or respecting rolling stock and equipment for use on railways may be registered in the office of the Registrar of Joint Stock Companies for the Province on payment of a fee of five dollars by filing in such office a copy thereof certified by a notary public and by the secretary of the railway company the stock or equipment in connection with which is affected thereby to a be true copy and no other registration or filing shall be necessary, and upon being so filed the same shall be as valid and effectual as if filed or registered in accordance with the provisions of this Act and no renewal thereof shall be required, and any discharge or partial discharge of any such bill of sale, chattel mortgage or other agreement may be registered in the said office in the same manner and on payment of a like fee. [1909, c. 4, s. 3.] SCHEDULE 1. FORM A. (Section 7.) MORTGAGE OF CHATTELS. This Indenture made the.. of the other part. day of... .. .A.D. 19... between A.B., of... ..of the one part and C.D., of 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 the said C.D. the principal sum aforesaid together with the interest then due on the.. day of.. A.D. 19.... (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 17 of The Bills of Sale Act except as is otherwise specially provided therein. 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 (Add name, address and occupa- A.B. FORM B. (Section 25.) 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. .to... A.D. 19.... 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. on the. number. .day of.... (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 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.. A.D. 19.... Witness (stating residence and day of... STATEMENT exhibiting the interest of C.D. in the property mentioned in the chattel mortgage dated the ..day of. between A.B. of... A.D. 19...., made .of the one part and C.D. of.... of the other part and filed in the office of the registration clerk of the registration district of. (as the case may be) on the.. . day of. A.D. 19.. 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.... day of..... A.D. 19... or as the case may be). 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: 19. ...Jan. 1-Cash received... .) The amount still due for principal and interest on the said mortgage is the sum of.. follows: (Here give the computation.) ..$.. dollars computed as C.D. the mortgagee 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 Province of Alberta this.... day of ... .A.D. 19. . [C.O. 1898, c. 43, s. 18; 1907, c. 5, s. 10; 1922, c. 50, s. 7.] 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.. and filed the... day of.. day of. as mort following made between A.B. of.. gagor and C.D. of.... as mortgagee has been filed in the office of the clerk of the registration district of on the.. .day of.... and (in case of a partial discharge) that the goods or property mentioned in such partial discharge consist of (description of chattel or property). E.M. Clerk. [C.O. 1898 c. 43, s. 27.] SCHEDULE 2. REGISTRATION DISTRICTS. (Section 2.) REGISTRATION DISTRICT OF ATHABASCA. That portion of the Province of Alberta bounded as follows: On the east by the east boundary of the said Province; on the north by the north boundary of the said Province; on the west by the west boundary of the said Province; on the south by a line described as follows: Commencing at the intersection of the north boundary of the forty-fourth townships with the west boundary of the Province of Alberta, thence easterly along said north boundary of the forty-fourth townships to its intersection with the North Saskatchewan River, thence easterly down stream following the North Saskatchewan River to its intersection with the east boundary of the Province of Alberta, excepting thereout and therefrom that portion of the City of Edmonton as it now exists or as it may hereafter from time to time be enlarged or otherwise altered. |