district 2. The registration district of "Yorkton," comprising that Yorkton 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; 3. The registration district of "Regina," comprising that Regina district 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; Moose Jaw 4. The registration district of "Moose Jaw," comprising district 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; district 5. The registration district of "Medicine Hat," comprising Medicine Hat all that portion of the said Provisional District of Assiniboia west of the registration district of Moose Jaw; district 6. The registration district of "Macleod," comprising all Macleod 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 Calgary that part of the said Provisional District of Alberta lying between townships sixteen and forty-three; district 8. The registration district of "Edmonton," comprising all Edmonton that portion of the said Provisional District of Alberta lying north of township forty-two; district 9. The registration district of "Battleford," comprising all Battleford 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; district 10. The registration district of "Prince Albert," comprising Prince Albert all that portion of the said Provisional District of Saskatchewan lying east of the Battleford registration district. districts and new districts [(2) The Lieutenant Governor in Council shall have power Alteration of to alter the boundaries of any registration district now or formation of 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. continued 3. The registration clerks for the existing registration dis- Present clerks tricts 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. Appointments Mortgages unaccompanied change of possession of goods (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. 6. Every mortgage or conveyance intended to operate as a by delivery and 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 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. Mortgage may be in form appended 7. Except as to cases provided in the next following section 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. 30 secure future to indemnify 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 mort- endorsers, etc. gage of goods and chattels for securing the mortgagee repayment of such advances or in case of a mortgage of goods and chattels for securing the mortgagee against the endorsement 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. not attended of possession 9. Every sale, assignment and transfer of goods and chattels Sale of goods not accompanied by an immediate delivery and followed by an by delivery actual and continued change of possession of the goods and and change 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 Registration only affects 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 and as against subsequent purchaser or mortgagees in good faith. C.O., c. 43, s. 9. 10. Such registration shall only have effect in the registradistrict where tion district wherein such registration has been made. C.O., c. 43, s. 10. made Omission to register or false statement of 11. In case such mortgage or conveyance and affidavit are not registered as hereinbefore provided or in case the conconsideration sideration for which the same is made is not truly expressed therein the mortgage or conveyance shall be absolutely null and void as against creditors of the mortgagor and against subsequent purchasers or mortgagees in good faith for valuable consideration. C.O., c. 43, s. 11. Description of property 12. All the instruments mentioned in this Ordinance whether for the mortgage or 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 except in the case of assignments for the general benefit of for benefit of creditors in which case the description shall be sufficient if it is in the following words: "All my personal property which may be seized and sold under execution," or words to that effect. C.O., c. 43, s. 12. Assignment creditors Registration to be in district where property situate Clerk to enter Securities on crops 13. The proper registration officer for instruments being mortgages and transfers of personal property shall be the clerk of the registration district in which the property described in the mortgage or transfer is at the time of the execution of the instrument; such registration clerks shall file all such instruments presented to them respectively for that purpose and shall endorse thereon the time of receiving the same in their respective offices and the same shall be kept there for the inspection of the public, subject to the payment of the proper fees. C.O., c. 43, s. 13. 14. Every such clerk shall number each instrument or copy filed in his office and shall enter in alphabetical order in a book to be provided by him the names of all the parties to such instrument with the number endorsed thereon opposite to each name; and such entry shall be repeated alphabetically under the name of every party thereto. C.O., c. 43, s. 14. CONVEYANCE OF GROWING OR FUTURE CROPS. 15. No mortgage, bill of sale, lien, charge, encumbrance, conveyance, transfer or assignment hereafter made, executed or created and which is intended to operate and have effect as a security shall in so far as the same assumes to bind, comprise, apply to or affect any growing crop or crop to be grown in future in whole or in part, be valid except the same shall be made, executed or created as a security for the purchase price and interest thereon of seed grain. Crop mortgages to secure (2) Every mortgage or encumbrance upon growing crops or crops to be grown, made or created to secure the purchase price of seed price of seed grain shall be held to be within the provisions of grain this Ordinance and the affidavit of bona fides among the other necessary allegations shall contain a statement that the same is taken to secure the purchase price of seed grain. sown within (3) No mortgage or encumbrance to secure the price of seed Crop must be grain shall be given upon any crop which is not sown within one year from one year of the date of the execution of the said mortgage or encumbrance. mortgage register of (4) Every registration clerk shall keep a separate register of Separate such seed grain mortgages and shall be entitled to receive the seed grain same fees for his services as provided for under section 33 of this Ordinance. mortgages mortgages security (5) Every such seed grain mortgage so taken and filed shall Seed grain not be affected by or subject to any chattel mortgage or bill preferential of sale previously given by the mortgagor or by any writ of execution against the mortgagor in the hands of the sheriff at the time of the registration of such seed grain mortgage but such seed grain mortgage shall be a first and preferential security for the sum therein mentioned. The date of the purchase of seed grain, the number of bushels and price per bushel must to be given be stated in the mortgage as well as in the affidavit of bona fides. C.O., c. 43, s. 15. Particulars PROCEDURE UNDER MORTGAGE ON DEFAULT. seizure by 16. Unless it is otherwise specially provided therein goods Cause for and chattels assigned under a mortgage or conveyance intended mortgagee to operate as a mortgage of goods and chattels shall be liable. to be seized or taken possession of by the grantee for any of the following causes: Default in payment or agreements 1. If the grantor shall make default in payment of the sum or sums of money thereby secured at the time therein provided performance of for payment or in the performance of any covenant or agreement contained in the mortgage or conveyance intended to operate as a mortgage and necessary for maintaining the security; goods 2. If the grantor shall without the written permission of the Removal of grantee either remove or suffer the goods or any of them to be removed from the registration district within which they are situate; |