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or mis-statement of the name, residence or occupation of any person, was accidental or due to inadvertence, may, in his discretion, order such omission or misstatement to be rectified by the insertion in the register of the true name, residence or occupation, or by extending the time for such registration on such terms and conditions (if any) as to security, notice by advertisement or otherwise, or as to any other matter, as he thinks fit to direct.
may be in
24. Except as to cases provided in Section 5 of this Mortgage Ordinance, a mortgage or conveyance intended to op- form erate as a mortgage of goods and chattels may be made provided. in accordance with the form in the schedule of this Ordinance.
Sunday to be
25. Where, under any of the provisions of this Or- Time of dinance, the time for registering or filing any mort- etc., falling on gage, bill of sale, instrument, document, affidavit or extended to other paper expires on a Sunday or other day, on next day. 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.
26. An authority for the purpose of taking or re- Authority for newing a mortgage or conveyance intended to operate mortges as a mortgage, or sale, assignment or transfer of goods general. and chattels, under the provisions of this Ordinance, may be a general one to take and renew all or any mortgages or conveyances to the mortgagee or bargainee.
27. For services under this Ordinance, each clerk Clerk's fees. aforesaid shall be entitled to receive the following fees:
(1) 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;
Affidavits,etc. before whom made.
Mortgages on growing crop
(2) For filing assignment of each instrument, and for making all proper endorsements in connection therewith, fifty cents;
(3) For filing certificate of discharge of each instrument and for making all proper entries and endorsements connected therewith, fifty cents :
(4) For searching for each paper, twenty-five cents;
(5) For copies of any document filed under this Ordinance, with certificate thereof, ten cents for every hundred words;
(6) For every certificate under Section 19 of this Ordinance, ifty cents.
28. All affidavits and affirmations required by this Ordinance shall be taken and administered by any Commissioner for taking affidavits, Justice of the Peace or Notary Public in or out of the Territories, or Registration Clerk, and the sum of twenty-five cents shall be paid for every oath thus administered.
29. No mortgage, bill of sale, lien, charge, encumvoid except brance, conveyance, transfer or assignment hereafter for seed grain. 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, shall be valid except the same be made, executed or created as a security for the purchase price and interest thereon of seed grain.
(1) Provided that the provisions of this section shall not apply to any such security already made, executed or created or which may be made, executed or created as a further or substituted security for a debt which on the passing hereof is already secured by a mortgage upon the crop of the mortgagor grown during the year
1895 and interest on such debt, such further or substituted security to become absolutely null and void on and after the 31st day of December, 1896.
(2) Every mortgage or encumbrance upon growing Statement in crops or crops to e grown, inade or created, to secure mortgage the purchase price of seed grain, shall be held to taken to be within the provisions of this Ordinance; and the purchase of affidavit of bona fides, among the other necessary allegations, shall contain a statement that the same is taken to secure the purchase of seed grain.
(3) No mortgage or encumbrance to secure the price Crop must be of seed grain shall be given upon any crop which is one year of not sown within one year of the date of the execution date of of said mortgage or encumbrance.
(4) Every Registration Clerk shall keep a separate Clerk to keep register of such seed grain mortgages, and shall entitled to receive the same fees for services as vided for under section 25 of Ordinance No. 18
be register of pro- mortgages. of Fees.
to be open.
30. The Registration Clerks under this Ordinance Days and shall keep their respective offices open between the Clerk's office hours of ten in the forenoon and four in the afternoon on all days, excepting Sundays and holidays, and except on Saturdays, when the same shall be closed at one o'clock in the afternoon, and during office hours only shall registrations be made.
fees to Lieut.
31. Every Registration Clerk shall on or before the Clerk to fifteenth day of January in each year make up and statement of return to the Lieutenant-Governor-in-Council, a state- Governor inment, verified under oath, setting forth the total Council. amount of fees which have been received by such clerk during the preceding year.
32. This Ordinance shall not come into force until Date of the first day of December, 1895.
Ordinance coming into force.
No. 18 of 1889,
and No. 35 of
33. Ordinance No. 18, of 1889, entitled "An nance to amend and consolidate as amended Chapter No. 13 of 1893 47 of the Revised Ordinances of the North-West Ter- 1894 repealed. ritories intituled "An Ordinance respecting Mortgages
and Sales of Personal Property," Ordinance No. 13 of 1893, entitled "An Ordinance to amend the Ordinance respecting Mortgages and Sales of Personal Property" and Ordinance No. 36 of 1894, entitled "An Ordinance to further amend Ordinance No. 18 of 1889, relating to Mortgages and Sales of Personal Property"are hereby repealed.
(Vide Section 24.)
FORM OF MORTGAGE.
This Indenture made the
between A. B. of
A D., 18
of the one part and C. D. of of the other part, 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 (in the schedule hereto annexed) by way of secur ty 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 A D. (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 22 of The Bills of Sale Ordinance," except as is otherwise specially provided herein.
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 me, of E. F. (Add name, address, and occupation of witness.)