The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1893-11-25
Chattel Mortgages.

Manitoba Free Press: An importan,
decision has recently been arrived at by
the customs department that will likely
prevent chattel ~mortgagors from remov'
ing mortgaged property across the boun-
Diary line from the United States into
Canada for the purpose of defrauding
their mortgages. w. H. Mcintosh, pres
ident of the Merchants Bank: of Botti-
neau. North Dakota, held a chattel mort
gage on six horses belonging t Thomas
Steel, formerly of the same place, to Sc
cure the sum of $500. About the end of
May last. Steel crossed over to Killarney
in this province and enquired of a preten-
ded lawyer there whether he could keep
the horses in Canada if he once got them
over the boundary, and was assured that
he could. On the and of June, Steel ran
the horses over the boundary to Killarney
entering them with the customs as settlers
effects Mcintosh followed the property
and consulted the would-be lawyer as to
what he should do, but was informed by
him that he had secured mortgage on
Steel's horses to secure the payment of
| $500 for a farm which he had bound him
self to sell to Steel. At the same time he
was willing to release his claim for $500,
and advise Steel to return to Dakota
Mcintosh communicated with lawyers in
Winnipeg and was advised to at once seize
the horses under his chattle mortgage and
return with them to Dakota. 1t was found
that this could not be done at once with
out a breach of the peace. as the Killarney
lawyer" would not give up possession.
In case of seizure, it was feared that the
customs would in their turn seize the
horses on the ground that they were set
tiers effects and had been disposed Of
within one year from entry. Strong rep
reservations were made to the customs
that this should not be done, as the mort
gagee neither entered or disposed of the
property, that it was removed against his
| will and he simply desired to get it back to
Dakota. On June 2oth the horses were
seized by Mcintosh and Immediately after
wards, were seized from his bailiff by Mr..
Allan, the customs officer at Killarney.
Mr.. McIntosh's solicitors in Winnipeg at
once protested against the action of the
customs. During July and August and up
to the 18th of September, the effort to get
some decision from the customs was kept
up. BY that time the customs and justice
departments reached a decision that the
horses should never have been seized by
the customs officer. The release of the
horses was at once ordered, but the Off
Gals here insisted that Mcintosh should
pay the cost of the keep of the animals
during the months that the customs de-
partment took to decide that there should
never have been a seizure. This amount
Mr.. Allan put at $50. A further delay
ensued, and on the 10th of September
Mcintosh paid the cost of keep under pro-
test. and on the following day Mr.. Allan
was advised that this expense should be
charged to the government and not to Nc
Intosh. Some day Mr.. Mcintosh hopes
to get his money back. In the meantime
Steele, who was imprudent enough to
again visit Dakota. has been prosecuted
under the criminal law for wrongful re-
moval of mortgaged property and is serv-
ing a year in Jail. The decision of the
customs authorities is of the greatest i'm
portance to chattel mortgagors of the dis
honest kind on the other side of the line.
They cannot free their property from the
mortgage by fraudulently sneaking it over
the line. even if they re-mortgage it in
this country.