The Bills of Sale and Chattel Mortgage Acts of Ontario; Being a Complete and Exhaustive Annotation of the Revised Statutes of Ont., Chap. CXIX, and of the Mortgages and Sales of Personal Property Amendment ACT, 1880, (43 Vict., Chapter

The Bills of Sale and Chattel Mortgage Acts of Ontario; Being a Complete and Exhaustive Annotation of the Revised Statutes of Ont., Chap. CXIX, and of the Mortgages and Sales of Personal Property Amendment ACT, 1880, (43 Vict., Chapter

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ... claim against without saying against whom. The omission to state against "him, the mortgagor," clearly does not comply with the Statute. Words cannot be added to the affidavit, any more than to an Act of Parliament, to supply an omission which may be thought, on merely conjectural grounds, to have been unintentional (Re Andrews, 2 App. R, 24; Morrow v. Rourke, 39 U. C. Q. B. 500; Nesbit v. Cock, 4 App. R. 200). But when there is more than one mortgagor the affidavit will not be insufficient, because it states that the Mortgage was not executed for the purpose of preventing the creditors of such mortgagors from obtaining payment of their claims against "him" instead of against them (Bertram v. Pendry, 27 U. C. C. P. 371). From whence 3. (a) Every such Mortgage or conveyance shall operate menttakes a e eect uPon, from, and after the day and time of the effect. execution thereof. 26 V. c. 46, s. 1. (a) This is taken from 26 Vic. cap. 46, s. 1., p. 114. Until the passing of this Act, there was no statutory enactment, causing a Mortgage, or Bill of Sale, duly registered, to relate back to the period of its execution. It was the Statute 20 Vic. cap. 3, that limited the period of five days, within which instruments under the Act should be filed. Before then, though a reasonable time may not have elapsed since the execution of an assignment, a writ of fi.fa., coming in before the filing of the assignment, was held entitled to prevail (Carscallen v. Moodie & Dafoe, 15 U. C. Q. B. 92), and likewise it was held by the Court of Common Pleas, after the passing of the Statute 20 Vic. cap. 3, that the registering of a Chattel Mortgage, within the statutory limit of five days, did not cause it to operate and have relation...show more

Product details

  • Paperback | 112 pages
  • 189 x 246 x 6mm | 213g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236889770
  • 9781236889775