Bill 22 (Legislature 13, Session 5)

L13 S5 6042

Alberta — Bills

No. 22 5th Session, 13th Legislature, Alberta 7 Elizabeth II, 1959 BILL 22 A Bill to amend The Masters and Servants Act HON. MR. MANNING Printed by I .... S. \VALL, Printer to the Queen's l\Iost Ex('(>lIf'nt l\1nje-sty, Edmonton, Alberta, Ifl5!)

Explanatory Note This Bill amends The Masters and Servants Act, being

chapter 194 of the Revised Statutes of Alberta. The following defects are intended to be cured by this amend ment, viz.: 1. There is no provision for the taking of garnishee proceed ings in respect of an order under this Act. 2. There is doubt whether the employee obtaining an order is entitled to the priorities of a wage earner under

section 16 of The Execution Creditors Act (Revised Statutes, chap ter 103). 3. There is doubt whether the employee obtaining an order is entitled to share in distributions under The Execution Creditors Act (R.S.A. 1955,

chapter 103) or The Seizures Act (R.S.A. 1955,

chapter 307). 4. There is doubt whether an employee obtaining an order in one district can transfer his order to another district and distrain there in a case where the debtor moves his chattels into that other district. 5. An order at present cannot be filed against a debtor's land in the land titles office. 6. The Act is presently not clear as to the exemptions that should be allowed the debtor.

BILL No. 22 of 1959

An Act to amend The Masters and Servants Act (Assented to , 1959) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

Section 8 of The Maste1'.~ and Serva'nts Act, being

chapter 19,1 of the Revised Statutes is amended (

a) by renumbering the present

section as subsection (1), (

b) by adding immediately after the renumbered sub section (1) the followi~1g subsections:

(2) Any such order "\vhen filed with the clerk of the district court in the judicial district in which the order was granted has the same force and effect as a judgment of the district court in which it is filed, and the clerk of the district court on request of the judgment creditor shall issue a writ of execution thereon, which shall be endorsed by the clerk with the words "issued pursuant to an order granted under The Maste1'S and Se1'vants Act",

(3) Upon the filing of the writ of execution so endorsed with the sheriff of the proper judicial district, the employee is entitled to the same rights and priorities as if his claim were duly proved by affidavit pursuant to

section 16 of The Execution C1'editors Act.

(4) Where a seizure is made upon an order and execution under this section, the debtor is entitled only to the exemptions allowed under

section 3 of The EXC1nptions Act in the case of a distress for rent by a landlord. 2. This Act comes into force on the day upon which it is assented to.

No. 22 FIFTH SESSION THIRTEENTH LEGISLATURE 7 ELIZABETH II 1959 BILL

An Act to amend The Masters and Servants Act Received and read the First time ......................................... . Second time ...................................... .. Third time ......................................... . HON. MR. MANNING Title: 1959 (13th, 5th) Bill 22,

An Act to amend The Masters and Servants Act

Document details

Collection	Alberta — Bills
Citation	L13 S5 6042
Type	bill
Volume / chapter	L13 S5 6042
Language	en
Format	json
Source	PROVINCIAL
Identifier	0855ff50d6db9b8aaa27f7449fb7b562e022ecb4

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