Bill 29 (Legislature 16, Session 4)

L16 S4 4868

Alberta — Bills

1971 Bill II:: .··.ii'i· Fourth Session, 16th Legislaturt, 2,9" ElzhBERhAll THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL

An Act to amend The Bills of Sale Act THE ATTORNEY GENERAL First Reading Second Reading Third Reading Printed by L. S. Wall, Queen's Printer, Edmonton BILL 29

AN ACT TO AMEND THE BilLS O'F SALE ACT (Assented to , 1971) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1. The Bills of Sale Act is hereby amended. 2.

Section lOis amended (

a) as to subsection (2) by adding after the words "motor vehicle" in each case the words Haircraft or trailer", (

b) by striking out subsection (3) and by substituting the following:

(3) The registration clerk in the Motor Vehicle Branch may refuse to register any bill of sale com prising a motor vehicle, aircraft or trailer that does not comply with subsection (2) or any bill of sale comprising an itinerant machine that does not com ply with

section 5. 3.

Section is struck out and the following is .c;ub- stituted: . 16.

(1) Where a registered bill of sale evidences a mort gage of chattels, the mortgagee, on payment of all moneys due or accruing due under the bill of sale, shall sign and deliver to the mortgagor a memorandum in writing stating that fact.

(2) Where a registered bill of sale evidences a mortgage of chattels, the mortgagee on payment of part of the moneys due or accruing under the bill of sale, shall upon the demand of the mortgagor sign and deliver to him a memorandum stating that fact and stating the amount so paid.

(3) A memorandum under subsection (1) or subsection (2) (

a) may be registered in which case it shall be ac companied by an affidavit of an attesting witness of the execution thereof, and (

b) may be in Form 2. 4. This Act comes into force on the day upon which it is assented to. Explanatory Notes 1. This Bill amends

chapter of the Revised Statutes of Alberta 1970.

Section 10, subsections (2) and (3) presently read:

(2) The description of a motor vehicle in a bill of sale shall include th," serial number of the motor vehicle.

(3) The registration clerk in the Motor Vehicle Branch may refuse to register any bill of sale comprising a motor vehicle that does not comply with subsection (2) ,or any bill of sale comprising an itinerant machine that does not comply with

section 5. 3. Self explanatory.

Section presently reads: 16.

(1) Where a registered bill of sale evidences a mortgage of chattels, it may be discharged in whole or in part by the registration in the -office in whkh the same is registered of a certificate of discharge Ill. ~orm in the

Schedule signed by the mortgagee, his executors, ad m!l11strators, or assigns, and accompanied by an affidavit ,of an attesting witness of the execution thereof.

(2) No certificate of discharge by an assignee shall be registered un less the assignment has been registered in the same office.

(3) The proper officer in whose office a certificate of discharge ac companied by the affidavit of execution is registered shall (

a) note the fact ·of the discharge against each entry in the bo,oks of his office respecting the registration of the bill of sale, and (

b) make a like notation upon the bill of sale or copy filed in his office (~) The proper officer in whose office the certificate of discharge is l"~glstered shall on request furnish a certificate of the entry of the discharge in the records of his office. Title: 1971 (16th, 4th) Bill 29,

An Act to amend The Bills of Sale Act

Document details

Collection	Alberta — Bills
Citation	L16 S4 4868
Type	bill
Volume / chapter	L16 S4 4868
Language	en
Format	json
Source	PROVINCIAL
Identifier	444651940e85c8661c3d30323fb892837a25cc98

Source file is stored in the law ingest library (json).