Record of removal. Renewal required. 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 creditors of the mortgagor and against subsequent purchasers and mortgagees in good faith for good or valuable consideration, as if never executed. (a) The clerk of the County Court of the Judicial Division from which any goods and chattels mortgaged shall be removed to another County Court division or other County Court divisions, shall note the fact of the delivery to any mortgagee or assignee of the certified copy of the mortgage for the purpose herein mentioned, in some one or more of the books required to be kept by him under the provisions of section 17 hereof, and from the time of such entry such mortgage shall be deemed to be null and void in such County Court division. (b) Every mortgage upon goods and chattels removed from one County Court Judicial Division to another County Court Judicial Division or other County Court Judicial Divisions shall be renewed in like manner as required by sections 21 and 22 hereof to all intents and purposes as if such mortgage in the first instance had been first registered in the County Court office or offices of the Judicial division or divisions in which said goods and chattels are at the time of such renewal. DISCHARGE OF MORTGAGES. Discharge. 26. Where any mortgage of goods and chattels is registered under the provisions of this Act, such mortgage may be discharged or partially discharged by filing, in the office of the clerk of the County Court of the Judicial Division in which such mortgage is in force and effect, a certificate signed by the mortgagee, his executor or administrator, or by his or their assignee under an assignment or assignments registered as by this Act provided, or by the executor or administrator of any such assignee, or by any of the class of persons authorized to make affidavits under the provisions of section 23 hereof, which certificate shall be in the form following, or to the like effect: of the amount) due or to grow due on a certain chattel mort- day of (or to one G.H., and duly assigned to me) which mortgage describing the chattel or chattels to be released, of the goods of discharge. 27. The said certificate of discharge or partial dis- Registration charge shall have indorsed thereon an affidavit of the subscribing witness to the execution thereof by the person entitled or empowered by this Act to sign the same, which shall also state the date on which the same was executed; and such certificate of discharge or partial discharge shall have no force and effect, except as between the parties, until the same has been registered as by this Act provided. 28. The clerk of the County Court of the Judicial Division Entry thereof. with whom the chattel mortgage is registered or in which the same is in force and effect, upon receiving such certificate of discharge or partial discharge shall enter opposite to or across the original entry of registering the mortgage, in the book or books kept for that purpose as aforesaid, the following words "discharged" or "partially discharged" "by certificate number" (stating the number of the certificate) to which the County Court clerk shall affix his name, and he shall also indorse the fact of the discharge or partial discharge upon the instrument affected, to which he shall also affix his name. from Clerk of discharge. 29. Any person registering a discharge or partial discharge Certificate of mortgage, as aforesaid, shall be entitled to ask for and receive, upon the payment of the statutory fee in that behalf, from the clerk, a certificate of such discharge or partial discharge of such mortgage in the form following or to the like effect: CERTIFICATE OF DISCHARGE OF MORTGAGE. Province of Manitoba, County Court 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 of following, made between A. B., of as mortgagor, and C.D., of as mortgagee, has been filed in the office of the County Court of day of on this (and, in case of a partial discharge, that the goods or property mentioned in such partial discharge Seal. E.M., Clerk. Affidavits when grantee tion. MISCELLANEOUS PROVISIONS. 30. In case a grantee or mortgagee under sections 3 and 5 or mortgagee of this Act be a corporation, the affidavits of bona fides reis a corpora- quired under such sections may be made by the president or other head officer, or by the vice-president, manager, treasurer or secretary of the corporation, whether the same be a foreign or domestic corporation, and whether such president or other officer be, or be not, resident in the Province of Manitoba; and in case of a foreign corporation such affidavit may be made by any general or local manager, secretary or agent of the corporation in the Province. Growing crops etc., not to be mortgaged. Exception. Seed grain mortgages to 31. Every mortgage, bill of sale, lien, charge, incumbrance, conveyance, transfer or assignment, executed or created, and which is intended to operate and have effect as 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 the future, in whole or in part, be absolutely void, except the same be made, executed or created as a security for the purchase price, and interest thereon, of said grain. 32. Every mortgage or incumbrance upon growing crops, have priority. or crops to be grown, made, executed or created to secure the purchase price of seed grain, with or without interest, shall not be affected by, or subject to any chattel mortgage or bill of sale previously given by the mortgagor, or by any writ of execution against the mortgagor, in the hands of a sheriff or County Court bailiff 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. And to be within this Act. 33. Every mortgage or incumbrance upon growing crops, or crops to be grown, made or created to secure the purchase price of seed grain, shall be held to be within the provisions of this Act; and the affidavit of bona fides of the mortgagee, or his agent, shall contain an additional or further statement that the same is taken to secure the purchase price of seed grain. separate 34. Every County Court clerk shall keep a distinct and And a separate register or book, in which all seed grain mortgages register to be registered shall be entered, and shall furnish any information kept for them. with regard thereto on payment of a fee of twenty-five cents. 35. Every County Court clerk shall, upon payment of a Clerk to give fee of fifty cents, give a certificate setting forth the chattel certificate. mortgages registered in his office against any person or corporation, and shall be responsible for the correctness of the information contained in such certificate. 36. Chapter 10 of the Revised Statutes of Manitoba, Repeal. Chapter 2 of 56 Victoria, Chapter 1 of 57 Victoria, Chapter 3 of 58 and 59 Victoria and Chapter 1 of 59 Victoria are hereby repealed. clause for before com 37. All bills of sale, chattel mortgages and other instru- Saving ments referred to in this Act which have been or shall be instruments executed before the coming into force of this Act may be executed registered under this Act within fifteen days after the coming mencement of into force of this Act, and if so registered shall be as valid and effectual as if registered within fifteen days from the execution thereof. Act. R.S.M., c. 100, 8. 23, amend ed as to Carberry. s. 43, further amended. CHAPTER 32. An Act to amend "The Municipal Act." Hthe [Assented to July 5th, 1900.] ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Manitoba, enacts as follows: 1. Section 23 of Chapter 100 of the Revised Statutes of Manitoba is hereby amended by striking out the words "five hundred" in the sixth line thereof. This section shall only apply to the incorporated village of Carberry. 2. Section 43 of Chapter 109 of the Revised Statutes of R.S.M., c. 100, Manitoba, as amended by section 2 of Chapter 23 of the Statutes passed in the 56th year of Her Majesty's reign, is hereby further amended by inserting the words " town, village or" immediately after the word "a" in the first line thereof, and by inserting the words "town, village or" immediately after the word " any in the third line of said section 2 of Chapter 23 of the Statutes passed in the 56th year of Her Majesty's reign. New section 3586 of "Municipal Act." Duties of on money py-laws. 3. Section 358b of said Chapter 100, as enacted by section 4 of Chapter 25 of the Statutes passed in the 55th year of Her Majesty's reign, is hereby repealed and the following is substituted therefor: "3586. It shall be the duty of the Clerk of the municipality lists of voters to prepare a correct list of all the persons legally qualified to vote under section 360 of this Act, and opposite to each name upon such list such Clerk shall write the letters or expressions "Res.," or "Non-Res.," signifying that the person so named is resident or non-resident as the case may be. In case a municipality is divided for voting purposes into wards or polling sub-divisions, the Clerk shall prepare such list for each ward or polling sub-division. The Clerk shall certify such list or lists under his hand and the seal of the municipality and deliver prior to the polling day to each deputy returning |