Bill 74 (Legislature 7, Session 2)

L7 S2 8813

Alberta — Bills

(REPRINTED BILL) BILL No. 74 of 1932 .

An Act to amend The Debt Adjustment Act, 1931. (Assented to HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as liThe Debt Adjustment Act, 1931, Amendment Act,. 1932 . 11 2. The Debt Adjustment Act, 1931, being

chapter of the Statutes of Alberta, 1931, is hereby amended as to

section thereof by adding to clause (

c) thereof the following words: "or who, being the owner of a farm property was personally bona fide engaged in farming operations thereon but has retj.ed therefrom and either leased the said property or sold it under an agreement of sale, or transferred it and taken a mortgage thereon for purchase money, on which pay ments a~e owing to him, and includes the personal represen tive, child, widow or widowel' of a deceased resident", 3. The said Act is further amended by inserting therein immediately after

section thereof, the following new sec "3a. --( 1) Each di strict court judge in the Province shall have all the powers conferred by this Act upon the Directo "( 2) The Director may appoint in any area or at any cent of population in the Province to be designated and defined by him, a local representative of the Director who shall b styled an Assistant Director and Who, subj ect of the Direc shall have all the powers of the Director under this Act i the area or centre of population for which he is appointed 4. The said Act is further amended as to

section ther by inserting therein, immediately after subsection (4) the the following: 114a. Notwithst3.nding anything in The Extr.l-Judicial Seizures Act to the contrary, if at the time of the filing the said certificate any of the goods and chattels of a - 2 - The s9..id Act is further amended by adding at the end of s3.id Act the following P9..rt.

Part II. In this Part (a) "Merchant" means any person, firm or corporation engaged in the distribution of merchandise by retail in the Province; (b) "Clerk" means the Clerk of the District Court of the District in which the merchant resides or carries on business; ( c) 11 Judge" means the Judge of the Di str ict Court of the District tn which the merchant resides 'or carries on business. The Lieutenant Governor in Council may from time to time oint a suitable person as an Official Referee for the pose of discharging the duties hereinafter set forth.

Upon the receipt of an application by or on behalf of a 'chant or any creditor of a merchant, the Referee shall .fer with and ad~ise the merchant or his creditor and shall .eavour to bring about an amicable arrangement for the pay .t of the m.erchant's indebtedness, and for that purpose the 'eree shall inquire into the validity of all claims made .inst the merchant and his ability to pay his just debts, ;her presently or in the future, and shall endeavour to 'ect an agreement between the merchant and his creditor provide for the extension of the time for payment of the :chant's debts or for the settlement of the merchant's debts, ;her in full or by a composition, and for the purposes of :h inquiry, the Referee shall have all the powers in th~t lalf which m~y be conferred upon 9.. commissioner appointed ~suant to The Public Inquiries Act. ,

(1) If in any particular case the Referee, h3.ving ie~voured ~s provided by

section IS hereof to bring about amicable arrangement for the payment of the merchant's iebtedness, is of the opinion that it would not be just or tson~ble for the creditors of the s9..id merchant or 9..ny of ~m to t9..ke or continue proceedings which may leLd to the Lzure or sale of the real or personal property of the Lchant, he shall file his certific~te in writing to th9..t fect with the Clerk and in that event no such proceedings tIl be taken or continued without leave of a Judge.

(2) Every application by a creditor for leave to nmence or continue any such proceedings shall be m3.de upon ~ht days notice in writing to the Referee Lnd the merchant. (REPRINTED BILL) No. 74 SECOND SESSION SEVENTH LEGISLATURE GEORGE V B ILL

An Act to ~mend The Debt Adjustment Act, 1931 Received ~nd read the Fir s t tim e .. _ ... _ .. _._ .... _._. _____ ._ .. _. __ .. _ .. _. ___ ... ____ ..... __ Sec ond time . __ .. _ .. _. _____ .. _ ...... _ .... _ .. _ .. ____ ... Thi rd time .. _. __ ... __ .. ________ . __ . __ _ HON. Vill. LYMBURN EDMONTON: W. D. McLEAN, KING'S PRINTER Title: 1932 (7th, 2nd) Bill 74,

An Act to amend The Debt Adjustment Act, 1931

Document details

Collection	Alberta — Bills
Citation	L7 S2 8813
Type	bill
Volume / chapter	L7 S2 8813
Language	en
Format	json
Source	PROVINCIAL
Identifier	092b78177b7df3bd771e4a918a13b32ba204fd4e

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