the filing thereof, unless within thirty days next preceding the expiration of the said term of two yea's, a statement exhibiting the interest of the mortgagee, his executors, administrators or assigns, in the property claimed by virtue thereof, and a full statement of the amount still due for principal and interest thereon, and of all payments made on account thereof, is again filed in the office of the registration clerk of the district where the property is then situate, with an affidavit of the mortgagee or of one of several mortgagees, or of the assignee or one of several assignees, r of the agent of the mortgagec as assignee, or mortgagees or assignees, duly authorized for that purpose, as the case may be, stating that such statements are true, and that the said mortgage has not been kept on foot for any fraudulent purpose, which statement and affidavit shall be deemed one instrument.

13. Such statement and affidavit shall be in the following form or to the like effect :

STATEMENT exhibiting the interest of C.D. in the property mentioned in the chattel mortgage dated the day of made between A. B, of

A.D, 18

of the one part, and C D, of

of the other part,

and filed in the office of the registration clerk of
district (as the case may be,) on the
18

Cay of

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 asisgned the said mortgage (or the said E. F is the assignee of the sa'd mortgage by virtue of an assignment thereof from the said C D. to him, dated the

day of

18

), or as the case may be.

No payments have been made on account of the said m rtgage, (or the following payments, and no other, have been made n account of the said mortgage:

The amount still due for principal and interest on the said mort-
gage, is the sum of
dollars computed as follows:
(Here give the computati n )

C. D.

renewal

renewal.

14. Another statement in accordance with the pro- Further visions of Section 12 duly verified as required by that statement Section, shall be filed in the office of the registration every year clerk of the district where the property is then situate, after first within thirty days next preceding the expiration of the term of one year from the day of the filing of the statement required by the said Section 12, and in default thereof such mortgage shall cease to be valid as against the creditors of the person making the same, and as against purchasers and mortgagees in good faith for valuable consideration, and so on from year to year, that is to say, another statement, as aforesaid, duly verified, shall be filed within thirty days next preceding the expiration of one year from the day of the filing of the former statement, and in default thereof such mortgage shall cease to be valid as aforesaid.

executor, etc., may make affidavit or

15. The affidavit required by the twelfth Section of Next of kin, this Ordinance may be made by any next of kin, executor or administrator of any deceased mortgagee, renewal. or by an assignee, claiming by or through any mortgagee, or any next of kin, executor or administrator of any such assignee; but if the affidavit is made by any assignee, next of kin, executor or administrator

Clerk's certificate to

of any such assignee the assignment, or the several assignments through which such assignee claims, shall be filed in the office in which the mortgage is originally filed, at or before the time of such re-filing by such assignee, next of kin, executor or administrator of such assignee.

16. A copy of such original instrument, or of a copy be evidence of thereof, so filed as aforesaid, including any statement registration, made in pursuance of this Ordinance, certified by the registration clerk in whose office the same has been filed, shall be received in evidence in all Courts, but only of the fact that such instrument or copy and statement were received and filed according to the endorsement of the clerk thereon, and of no other fact; and in all cases the original endorsement by the said clerk, made in pursuance of this Ordinance upon any such instrument or copy, shall be received in evidence only of the fact stated in such endorsement.

Discharge of
Mortgage.

Entry of

discharge of

book, and

discharged.

17. Where any mortgage of goods and chattels is registered under the provisions of this Ordinance, such mortgage may be discharged by the filing in the office, in which the same is registered, of a certificate signed by the mortgagee, his executors or administrators, in the form given in the schedule hereto, or to the like effect.

18. The officer with whom the chattel mortgage is mortgage in filed, upon receiving such certificate, duly proved by endorsement the affidavit of a subscribing witness, shall, at each on instrument place where the number of such mortgage has been entered with the name of any of the parties thereto, in the book kept under Section 10 of this Ordinance, or wherever otherwise in the said book the said mortgage has been entered, write the words, "Discharged by certificate number (stating the number of the certificate);" and he shall also endorse the fact of such discharge upon the instrument discharged, and shall affix his name to such endorsement.

Clerk to give certificate of discharge.

19. Any person filing a discharge of mortgage or a partial discharge of mortgage, as aforesaid, shall be

entitled to ask for and receive from such clerk a certificate (other than the certificate which might be endorsed on a copy or duplicate of the mortgage as aforesaid) of such discharge or partial discharge, in the form following or to the like effect:

North-West Territories

Registration District of

This is to certify that an instrument purporting to be a dis- Form of charge in full (or, a partial discharge) of a certain chattel mort- certificate. gage bearing date the

the

of

day of
a d fil d
following made between A.B.
as mort-

day of

as mortgagor, and C. D. of

on th

gagee has been filed in te office of the Clerk of the Registration
District of
day of
(an in case of a partial discharge, that the goods or pio erty
mentioned in such partial discharge consist f
describing the chattel or property)

E. M., Clerk.

certificates of

20. In case any registered chattel mortgage has been Entering assigned, such assignment may, upon proof by the discharge. affidavit of a subscribing witness, be numbered and entered in the alphabetical chattel mortgage book in the same manner as a chattel mortgage, and the proceedings authorized by the two next preceding Sections of this Ordinance may and shall be had upon a certificate of the assignee, proved in manner aforesaid.

mortgaged

chattels to

21. In the event of the permanent removal of goods Removal of and chattels mortgaged as aforesaid, from the registra- goods and tion district in which they were at the time of the another execution of the mortgage to another registration dis- District. trict, before the payment and discharge of the mortgage, a certified copy of such mortgage, under the hand of the registration clerk in whose office it was first registered and of the affidavit and documents and instruments relating thereto filed in such office, shall be filed with the registration clerk of the district to which such goods and chattels are removed within three weeks from such removal, 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 subsequent purchasers and

Grounds for seizure by Mortgagee.

Default in payment.

Removal of goods.

Distraint for rent, etc.

Execution.

Attempt to sell.

Judge may order rectification of omission or mis-statement

mortgagees in good faith for valuable consideration, as if never executed.

22. Unless it is otherwise specially provided therein, goods and chattels assigned under a mortgage or conveyance intended 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.

(1) If the grantor shall make default in payment of the sum or sums of money thereby secured at the time therein provided 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;

(2) If the gran'or shall without the written permission of the grantee either remove or suffer the goods, or any of them, to be removed from the registration district within which they are situate;

(3) If the grantor shall suffer the said goods or any of them to be distrained for rent, rates, or taxes, or shall suffer the said goods or any of them to be liable to seizure for rent by reason of default of the grantor in paying the same when due :

(4) If execution shall have been levied against the goods of the grantor under any judgment at Law ;

(5) If the grantor shall attempt to sell or dispose of or in any way part with the possession of the said goods.

23. Subject to the rights of third persons accrued by reason of such omissions as are hereinafter defined, any Judge of the Supreme Court of the Territories, on being satisfied that the omission to register a mortgage, or any authority to take or renew the same, or other transfer of personal property, or any statement and affidavit of renewal thereof within the time prescribed by this Ordinance, or the omission