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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, orrler 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- forn erate as a mortgage of goods and chattels
may in accordance with the form in the schedule of this Ordinance.
be made provided.
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
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 gards 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 mortgages as a mortgage, or sale, assignment or transfer of goods genommen 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 inortgagee or bargainee.
27. For services under this Onlinance, each clerk Clerk's fees. aforesaid shall be entitled to receive the following fees :
(1) For filing och instrument and affidavit, including the certificate on a duplicate, if any, and for enrering the same in a book as aforesaid, fifty cents;
(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.
Affidavits,etc. 28. All affidavits and affirmations required by this before whom nade. Ordinance shall be taken and administered by any
Commissioner for taking atidavits, Justice of the Peace or Notary Public in or out of the Territories, or kegistration Clerk, and the sum of twenty-five cents shall be paid for every oath thus ministered .
Mortgages on 29. No mortgage, bill of sale, lien, charge, encumgrowing crop void 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 ads the sime issumes iv bine, comprise, apply to or affect any growing crop or crop to lve grown in future in whole or in part, shall be valiil except the sain be made, executed or created as it security for the purchase price and interest thereon of seeri grain.
(1) Provided that the provisio's of this section shall not apply to any such security alreadly maile, executed or created or which may be mare, executed or created as a further or sulıstituted security for a debt which on the passing hereof is already secured by a mortgage upon the crop of the mortga for grown during the vear 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 why waitbin 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 inortgages, and shall be register of entitled to receive the same fees for services as pro- mortgages. vided for under section 25 of Ordinance No. 18 of Fees. 1889.
to be open.
30. The Registration Clerks under this Ordinance Days and shall keep their respective offices open between the Cerk noftice 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.
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, veritied 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 the first day of December, 1895.
until Date of
Ordinance coming into force.
33. Ordinance No. 18, of 1889, entitled "An Ordi-Ordinances
No. 18 of 1889, nance to amend and consolidate as amen led 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
A D., 18 between A. B. of
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 aeknowledges (or whatever else the consideration may be) he, the said A. B., doth hereby assign to the said C. D., his executurs, ilministrators and assigns, all and singular the several chattels and thinus 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 oth - interest then due on the day of
(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 defensance of the security.)
Provided always, that the chattels hereby assigned shall not b= liable to seizure or to be taken possession of hy 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.)