Yukon Territory.

The consolidated ordinances of the Yukon Territory, 1902,: being a ... online

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Cause for
seizure by
mortgagee



Default in
l»ayinent or



15. 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 makes default in payment of the
sum or sums of money thereby secured at the time therein



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1902 BILLS OF SALE ' Cap. 89 861

provided for payment or in the performance of any cove- performance
nant or agreement contained in the mortgage or conveyance ^ »^'*®'"**'*^-
intended to operate as a mortgage and necessary for main-
taining the security ;

2. If the grantor without the written permission of the Removal of
grantee either removes or suffers the goods or any of them ^'^^'
to be removed from the registration district within which
they are situate ;

8. If the grantor suffers the said goods or any of Rent or taxes.
them to be distrained for rent, rates or taxes or suffers 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 has been levied against the goods of the Execution.
grantor under any judgment at law ;

6. If the grantor attempts to sell or dispose of or in Attempt to
any way part with the possession of the said goods. N.W. i!S?® ^^
T., c. 43, s. 16. '

RENEWAL OF MOBTGAaES.

16. Every mortgage filed in pursuance of this Ordinance Mortgagefiieci
shall cease to be valid as against the creditors of the persons ^Hdaft^two
making the same and against subsequent purchasers or years unless
mortgagees in good faith for valuable consideration after '^"®^®^-
the expiration of two years from the filing thereof unless,

within thirty days next preceding the expiration of the said
term of two years, 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 duo 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 mort-
gagee or of one of several mortgagees or of the assignee or
one of several assignees or of the agent of the mortgagee
or assignee or mortgagees or assignees duly authorised for
that purpose, as the case may be, stating that such state-
ments are true and that the said mortgage has not been
kept on foot for any fraudulent purpose, which statement
and affidavit shall oe deemed one instrument. N.W T., c.
43, 8. 17.

17. Such statement and affidavit shall be in the follow- Renewal of
ing form or to the like effect : f^'^^^Lo

^ mortgage.

STATEMENT exhibiting the interest of CD. n the
property mentioned in the chattel mortgage dated the
day of A.D. 19 , made between A,B. of of

the one part and CD. of of the other part and

filed in the office of the registration clerk of the registration



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362 Cap. 39 consolidated ORDINANCEb C. 0.

district of {as the case may be) on the

day of 19 , 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 assigned the said mortgage (or the said E.F, is
the assignee of the said mortgage by virtue of an assign-
ment thereof from the said CD. to him dated the
day of 19 , {or as the case may be).

No payments have been made on account of the said
mortgage {or the following payments and no other have been
made on account of the said mortgage :

19 .— Jan. 1 — Cash received $ )

The amount still due for principal and interest on the said
mortgage is the sum of dollars computed as fol-

lows :

(Here give the compulation.)

CD.



Affidavit. Yukon Territory, ) I of

To "Wit : J the mort-

gagee named in the chattel mortgage mentioned in the fore-
going (or annexed) statement (or assignee of the
mortgagee named in the chattel mortgage mentioned in the
foregoing or annexed statement, as the case may be) make
oath and say :

(1.) That the foregoing (or annexed statement) is true.

(2 ) That the chattel mortgage mentioned in the said state-
ment has not been kept on foot for any fraudulent purpose.



'•1



Sworn before me at

in the Yukon Territory,

this day of 19 ) N.W.T. c. 48, s. 18.



Further IS. Auothcr Statement in accordance w^ith the provisions

^i^^fx^i^^^^ ^f section 16 hereof duly verified as required by that section
renewal. shall be filed in the office of the registration clerk of the
district where the property is then situate 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 16 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 fot valuable consideration and so on from y<>ar 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 for-
mer statement and in default thereof such mortgage shall
cease to be valid as aforesaid. N.WT., c. 43, s. 19.



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1902 BILLS OF SALE Csp. 89 868

19. The affidavit required by section 16 of this Ordinance Personal
may be made by any next of kin, executor or administrator ^r^^^e!"""^
of any deceased mortgagee or by an assignee claiming by or
through any mortgagee or any next of Kin, executor or ad-
ministrator of any such assignee ; but if the affidavit is Filing
made by any assignee, next of kin, executor or administra- a-ssignmentfl.
tor of any such assignee the assignment or the several as-
signments 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 refiling by such assignee, next
of kin, executor or administrator of such assignee. N.W.T.
c. 43, s. 20.

AOENTS' AUTHORITY TO TAKE CONVEYANCES.

^O. An authority for the purpose of taking or renewing Authority for
a mortgage or conveyance intended to operate as a mort- ^gt^ents
gage or sale, assignment or transfer of goods and chattels may be
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 ; and provided such general
authority is duly filed with the clerk it shall not be neces-
sary to attach a copy thereof to any mortgage filod. N.W.T.
c. 48, s. 21.

J^l. For the purpose of making the affidavit of bona fides *' Mortgagee"
required by sections 6, 8 and 9 of this Ordinance and the ^^Ufor ^
affidavit required by section 16 of this Ordinance the expres- manager of
sions '* mortgagee," *' bargainee," or "assignee" in ad-^"""*^"^*
dition to their primary meaning, means and includes the
agent or manager of any mortgagee, bargainee or assignee
being an incorporated company. N.W.T., c. 48, s. 22.

OMISSIONS AND ERRORS.

22. Subject to the rights of third persons accrued by rea- Rectification
son of such omissions as are hereinafter defined any iudge ^[^ """'^-^'o'^
of the Terntonal Court of the Territory on being satisfied
that the omission to register a mortgage or other transfer of
personal property or any authority to take or renew the same
or any statement and affidavit of renewal thereof within the
time prescribed by this Ordinance or the omission or mis-
statement of the name, residence or occupation of any per
son was accidental or due to inadveitence or impossibility
in fact, may in his discretion order such omission or mis-
statement 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 ho thinks fit to direct. X.W.T., c.
43, s. 23.



I errors.



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864



Cap. 39



CONSOLIDATED OBDINANCES



CO.



Filing
assignmentB
of mortgagen.



ASSIGNMENT OF MORTGAGES.

28. In case any registered chattel mortgage has been
assigned such assignment may upon proof by the affidavit
of a subscribing witness be numbered and entered in the
book mentioned in section 14 hereof in the same manner as
a chattel mortgage and the proceedings authorized by sec-
tions 25 and 26 of this Ordinance may and shall be had
upon a certificate of the assignee proved in manner afore-
said. N.W.T., c. 48, s. 24.



Discharge (»f
mortgage.



Entry and
indorsement
of discharge
of mortgage.



Certificate of
discharge.



Fcrin of
certificHte.



DISCHARGE OF MORTGAGES.

24. Where any mortgage of goods and chattels is regis-
tered 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 form B in the schedule
hereto or to the like effect N.W.T., c. 43, s. 25.

J^5. The officer with whom such chattel mortgage is
filed upon receiving such certificate duly proved by the
affidavit of a subscribing witness shall at each 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 14 of this Ordinance or wherever otherwise in the
said book the said mortgage has been entered, write the
words ** Discharged by certincate number (stating the num-
ber of certificate) " ; and he shall also indorse the tact of
such discharge upon the instrument discharged and shall
affix his name to such indorsement. N.W.T., c. 43, s. 26.

^6. Any person filing a discharge of mortgage or a par-
tial 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 indorsed on a copy or dupli-
cate of the mortgage as aforesaid) of such discharge or
partial discharge in the form following or to the like eflfect :
Yukon Territory. )

Registration District 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 and

filed the day of following, made

between A.B. of as mortgagor and CD.

of as mortgagee has been filed in the office of

the clerk of the registration district of on

the day of {and in case of a

partial discharge that the goods or property mentioned in such
partial discharge consist of describing"

the chattel or property) E.M., Clerk.

N.W.T., C.48, s. 27.



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1902 BILLS OF SALE Cap. 39 866

REMOVAL OF CHATTELS MORGAGED.

JW. No goods or chattels under mortgage shall be remo- Mortgaged
ved into another registration district without a notice of ?^movl?
the intention to remove be mailed post paid and registered without notice
to the mortgagee at his last known place oi address not less
than twenty days prior to such removal. N. W.T., c. 43, s. 28.

28. In the event of the permanent removal of goods and ^^°^*^ °^
chattels morgaged as aforesaid from the registration district Lother^
in which they were at the time of the execution of the district.
mortgage, to another registration district before the pay-
ment 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 docu-
ments 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 mortgagees in good faith
for valuable consideration as if never executed. N.W.T., c.
43, s. 29.

EVIDENCE, CERTIFIED COPIES.

29. Copies of any instrument filed under this Ordinance, Certified
certified by the registration clerk, shall be received as ^^^^'
prima facie evidence for all purposes as if the original ins-
trument was 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
and filing. N.W.T., c. 43, s. 30. '

AFFIDAVITS.

30. All affidavits and affirmations required by this Ordi- Officers for
nance may be taken and administered by the registration *^**^*-
clerk or any person whether in or out of the Territory
authorised to admioister oaths or take affidavits for use in

the Territorial Court of the Territory and the sum of 26
cents shall be payable for everv oath thus administered.
N.W.T., c. 43, 8. 31.

EXPIRY ON HOLIDAY OF TIME FOB FILING.



Sl« "Where under any provisions of this Ordinance the Time for filing
time for registering or filing any mortgage, bill of sale, gy^jL^^J
instrument, document, affidavit or other paper expires on a holiday.



: on

r or



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866 Cap. 39 consolidated ordinances C. 0.

Sunday or other day on which the office in which the regis-
tering 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. N.W.T., c. 48, s. 82.

clerk's fees.

Clerk's fees. 32. For scrvices under this Ordinance each clerk afore-
said shall be entitled to receive the ioUowing 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, $2.00 ;

2. Forfilingassignmentof each instrument and for making
all proper indorsements in connection therewith, $2.00 ;

8 For filing certificate of discharge of each instrument
and for making all proper entries and indorsements con-
nected therewith, $2.00 ;

4. For searching for each paper, 25 cents ;

5. For copies of any document filed under this Ordinance
with certificate thereof, 20 cents for every hundred word ;

6. For every certificate under section 26 of this Ordi-
nance, $2.00. N.W.T., c. 43, s. 83.



SCHEDULE.
FOEM A.
(Section 7.)
Mortgage of Chattles.

This Indenture made the day of A.D. 1

between il.fl., of of the one part and CD.,

of of the other part.

Witnesseth that in consideration of the sum of $
now paid to A. B. by CD. 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 CD. his
executors, administrators and assigns all and singular the
several chattels and things specifically described as follows
(or in the schedule hereto annexed) by way of security for
the payment of the sum of $ and interest thereon at

the rate of per cent, per annum (or whatever else

may be the rale) and the said A.B. doth further agree and
declare that he will duly pay to the said CD. the principal

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1902 BILLS OF SALE Cap. 89 86*7

sum aforesaid together with the iaterest then due on the
day of A.D. 19 {or whatever else may

be the stipulated time or times for payment.) And the said
A.B. doth agree with the said CD. 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
15 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 of me E.F, \ ^ „

{Add name, address and occupation ' ' *

of witness.)



FORM B.

{Section 24.)

Discharge of Chattel Mortgage.

To the registration clerk of the registration district of

I, A.B., of do certify that has

satisfied all money due on or to grow due on a certain chattel
mortgage made by to which

mortgage bears date the day of A.D. 19

and was registered {or in ca<e the mortgage has been renewed
was renewed) in the office of the registration clerk of the
registration district of on

th€ A.D. 19 as

number {here mention the day and date

of registration of each assignment thereof and the names of the
parties or mention that such mortgage has not been assigned as
the fact may be) and that I am the person entitled by law to
receive the money ; and that such mortgage is therefore
discharged.

Witness my hand this day of A.D. 19

Witness {stating residence and )

occupation.) } A.B.

E.F. S



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368



Cap. 40



CONSOLIDATED ORDINANCES



C. 0.



CHAPTER 40.



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



Conditional 1. Whenever on a sale or bailment of goods of the value
yaeso goods. ^^ ^jg ^^ ^^^^ -^ j^ 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 ^oods 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 jwssession 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. 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. 44, s. 1.

Registration. 2* Such Writing or a true copy thereof shall be registered
in the office of the registration clerk for chattel mortgajres
in the registration district within which the buyer or bailee
resides within 80 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.



Renewal of
registration.



3. The seller or bailor, his executors, administrators or
assigns or his or their agent shall within 80 days next pro-
ceeding 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



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1902 CONDITIONAL SALE Cap. 40 369

due to him for principal and interest if any and of all pay-
ments made on account thereof and whether or to what
extent the condition if any of the bailment is still unper-
formed 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 credi-
tors 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.

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

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 ^^11^°*^"^
and the goods shall be liable to redemption and the seller renewal.

or bailor to be divested of his property and right of pos-
session if any in the goods upon payment of the amount
actually due and owing in respect thereof or upon per-
formance of the cpndition 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.

6. The seller or bailor shall upon payment or tender of Memorandum
the amount due in respect of such goods or performance of ^{^S^er!^'*^"
the conditions of the bailment sign and deliver to any per-
son demanding it a memorandum in writing stating that

his claims against the goods are satisfied, and such memo-
randum 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 p^»»««»^<^"-
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, 8. 1.

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

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870 Cap. 40 consolidated ordinances C. 0.

buyer, bailee or his successor in interest be left at his
residence or last place of abode, or may be sent by regis-
tered letter deposited in the post office at least seven days
before the time when the said five days will elapse ad-
dressed 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 men-
tioned in section 7 hereof. N.W.T., c. 44, s. 8.

Copies of 9. Copies of any instrument field under this Ordinance

il!.'ev!rni.^' certified by the registration clerk shall be received as
prima facie evidence for all purposes a^ if the original ins-
trument 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 lO. 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 80 cents for each

certificate. N.W.T., c. 44, s. 10.



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1902 PARTNERSHIPS Oap. 41 3^1



CHAPTER 41.

An Ordinance Respecting Partnerships.

REGISTRATION OF COPARTNERSHIPS.

!• All persons associated in partnership for trading, Declaration of
manufacturing or mining purposes in the Territory shall ^iJ^fiUid^?^
cause to be filed in the office of the registration clerk of the certain cases.
registration district for registration qf chattel mortgages
and other transfers of personal property in the Territory in
which they carry on or intend to carry on business a decla-
ration in writing signed by the several members of such
partnership :

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 pre-



Online LibraryYukon TerritoryThe consolidated ordinances of the Yukon Territory, 1902,: being a ... → online text (page 41 of 77)