Conditional

CHAPTER 40.

An Ordinance respecting Hire Receipts and Condi tional Sales of Goods.

1. Whenever on a sale or bailment of goods of the value sales of goods. of $15 or over it is agreed, provided or conditioned that the right of property or right of possession in whole or in part shall remain in the seller or bailor notwithstanding that the actual possession of the goods passes to the buyer or bailee the seller or bailor shall not be permitted to set up any such right of property or right of possession as against any purchaser or mortgagee of or from the buyer or bailee of such goods in good faith for valuable consideration or as against judgments, executions or attachments against the purchaser or bailee unless such sale or bailment with such agreement, proviso or condition is in writing signed by the bailee or his agent and registered as hereinafter provided. Such writing shall contain such a description of the goods the subject of the bailment that the same may be readily and easily known and distinguished:

Proviso.

Registration.

Renewal of registration.

Provided that nothing in this section shall apply to any bailment where it is not intended that the property in the goods shall eventually pass to the bailee on payment of purchase money in whole or in part or the performance of some condition by the bailee. N.W.T., c. 4, s. 1.

2. Such writing or a true copy thereof shall be registered in the office of the registration clerk for chattel mortgages in the registration district within which the buyer or bailee resides within 30 days of such sale or bailment and also in the registration district in which the goods are delivered or to which they may be removed within 30 days of such delivery or removal verified by the affidavit of the seller or bailor or his agent, stating that the writing (or copy) truly sets forth the agreement between the parties, and that the agreement therein set forth is bona fide and not to protect the goods in question against the creditors of the buyer or bailee as the case may be. N.W.T., c. 44, s. 2.

3. The seller or bailor, his executors, administrators or assigns or his or their agent shall within 30 days next preceeding the expiration of two years from the date of such registration file with such registration clerk a renewal statement verified by affidavit showing the amount still

due to him for principal and interest if any and of all payments made on account thereof and whether or to what extent the condition if any of the bailment is still unperformed and thereafter from year to year a similar statement similarly verified within the 30 days next preceding the expiration of the year from the filing of the last renewal statement and in default of such filing the seller or bailor shall not be permitted to set up any right of property or right of possession in the said goods as against the creditors of the buyer or bailee or any purchaser or mortgagee of or from the buyer or bailee in good faith for valuable consideration. N.W.T., c. 44, s. 3.

statement.

4. Any seller or bailor or agent of such seller or bailor Penalty for making any false statement in such renewal statement shall false be guilty of an offence and liable on summary conviction thereof to a fine not exceeding $100. N.W.T., c. 44, s. 4.

made in

5. Any such seller or bailor shall be bound by any state- Seller bound ment made by him or his agent in such renewal statement by statement and the goods shall be liable to redemption and the seller renewal. or bailor to be divested of his property and right of possession if any in the goods upon payment of the amount actually due and owing in respect thereof or upon performance of the condition of the bailment by the buyer, bailee or any person claiming by, through or under the buyer or bailee. N.W.T., c. 44, s. 5.

of satisfaction

6. The seller or bailor shall upon payment or tender of Memorandum the amount due in respect of such goods or performance of of seller. the conditions of the bailment sign and deliver to any person demanding it a memorandum in writing stating that his claims against the goods are satisfied, and such memorandum shall thereupon operate to divest the seller or bailor of any further interest or right of possession if any in the said goods. Any such memorandum if accompanied by an affidavit of execution of an attesting witness may be registered. N.W.T., c. 44, s. 6.

7. In case the seller or bailor shall retake possession of Retaking the goods he shall retain the same in his possession for at possession. least 20 days and the buyer, bailee or any one claiming by or through or under the buyer or bailee may redeem the same upon payment of the amount actually due thereon and the actual necessary expenses of taking possession. N.W.T., c. 44, s. 7.

to be given.

8. The goods or chattels shall not be sold without five Five days' days notice of the intended sale being first given to the notice of sale buyer or bailee or his successor in interest. The notice may be personally served or may in the absence of such

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Copies of

be evidence.

buyer, bailee or his successor in interest be left at his residence or last place of abode, or may be sent by registered letter deposited in the post office at least seven days before the time when the said five days will elapse addressed to the buyer or bailee or his successor in interest at his last known post office address in Canada. The said five days or seven days may be part of the 20 days mentioned in section 7 hereof. N.W.T., c. 44, s. 8.

9. Copies of any instrument field under this Ordinance. instrument to 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. And the clerk's certificate shall also be prima facie evidence of the date and hour of registration or filing. N.W.T., c. 44, s. 9.

Registration fees.

10. The registration clerk shall be entitled to charge a fee of $2.00 for each registration including certificate of same on registration, 50 cents for each search, 20 cents per 100 words for copies of documents and 50 cents for each certificate. N.W.T., c. 44, s. 10.

CHAPTER 41.

An Ordinance Respecting Partnerships.

REGISTRATION OF COPARTNERSHIPS.

to be filed in

1. All persons associated in partnership for trading, Declaration of manufacturing or mining purposes in the Territory shall partnerships cause to be filed in the office of the registration clerk of the certain cases. registration district for registration of chattel mortgages and other transfers of personal property in the Territory in which they carry on or intend to carry on business a declaration in writing signed by the several members of such partnership:

absent.

Provided however that if any of the said members be Where parties absent from the place where they carry on or intend to carry on business at the time of making such declaration then such declaration shall be signed by the members present, in their own names and also for their absent comembers under their special authority to that effect; such special authority to be at the same time filed with the said registration clerk and annexed to such declaration. N.W.T., c. 45, s. 1.

2. Such declaration shall be in the form A in the schedule Contents of to this Ordinance and shall contain the names, surnames, declaration. additions and residences of each and every partner or associate as aforesaid and the name, style or firm under which they carry on or intend to carry on such business and stating also the time during which the partnership has existed and is to exist also declaring that the persons therein named are the only members of such copartnership or association. N.W.T., c. 45, s. 2.

3. Such declaration shall be filed within two months Time for filing next after formation of any such partnership and a similar declaration. declaration shall in like manner be filed when and so often Changes in as any change or alteration of partnership takes place in the firm. membership of such partnership or in the name, style or firm under which they intend to carry on business or in the place of residence of each member of said firm and every new declaration shall state the alteration in the partnership. N.W.T., c. 45, s. 3.

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Individual using trade

name.

Contents of individual declaration.

PERSON USING TRADE NAME, REGISTRATION.

4. Every person engaged in business for trading, manufacturing or mining purposes and who is not associated in partnership with any other person or persons but who uses as his business style some name or designation other than his own name or who in such business uses his own name with the addition of " and company" or some other word or phrase indicating a plurality of members in the firm shall cause to be filed as aforesaid a declaration of the fact in writing signed by such person. N.W.T., c. 45, s. 4.

5. The declaration last aforesaid shall contain the name, surname, addition and residence of the person making the same and the name, style or firm under which he carries on or intends to carry on business and shall also state that no other person is associated with him in partnership and the same shall be filed within two months of the time when such style is first used. N.W.T., c. 45, s. 5.

Registration books.

"Firm index book."

"Individual

REGISTRATION BOOKS.

6. It shall be the duty of the registration clerk aforesaid to keep two alphabetical index books of all declarations of copartnership filed in his office in pursuance of the provisions hereof. N.W.T., c. 45, s. 6.

7. In one of such books, hereinafter called the "firm index book," the registration clerk shall enter in alphabetical order the style of the respective firms in respect of which declarations have been filed in his office, and shall place opposite each entry the names of the person or persons composing such firm, and the date of the receipt by him of the declaration in the manner shown in form B in the schedule to this Ordinance. N.W.T., c. 45, s. 7.

S. In the second of such books, hereinafter called the index book." "Individual index book," the said registration clerk shall enter in alphabetical order the names of the respective members of each of such firms and shall place opposite such entry the style of the firm of which such person is a member and the date of the receipt of the declaration in the manner shown in form C in the schedule to this Ordinance. N.W.T., c. 45, s. 8.

Failure to comply with Ordinance.

PENALTY FOR NON REGISTRATION.

9. Each and every member of any partnership or other persons required to register a declaration under the provisions of this Ordinance who fails to comply with the