Bill 51 (Legislature 4, Session 2)

L4 S2 10193

Alberta — Bills

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Bill 51 (Legislature 4, Session 2)

L4 S2 10193

Alberta — Bills

BILL No. 51 of 1919.

An Act to amend the provisions of The Land Titles Act relating to Mortgages of Homesteads and Pre-emptions. (Assented to ' 1919.) HIS MAJESTY, by and with the advi~e and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: The Land Titles Act, being

chapter of the Statutes of Alberta, 1906, is amended as follows: 1. By striking out of

section 60, subsection thereof, and by adding to that

section the following as a new sub-

section 3: . "

(3) Provided, however, that nothing herein contained shall entitle a settler who has entered for a homestead or homestead and pre-emption under the provisions contained in The Dominion Lands Act to mortgage the land entered for by him as a homestead or pre-emption prior to issue of a patent to him therefor, save in so far as is permitted by the said Act." 2. By ~serting in the

schedule thereto in place of the prior form P the following: "FoRM P. "(Section 60.) "AFFIDAVIT TO BE FILED WITH A MORTGAGE OR ENCUMBRANCE. "Province of Alberta l To Wit: J "I, ........................ of the ................. . in the .......................... make oath and say- " 1. That I am the mortgagor (or encumbrancer) named in the instrument bearing date the ............ and made in favour of .................. against (describe the land mortgaged or encumbered).

"2. (In case of land mortgaged prior to the issue of transfer .from a company entitled to or which has received grant from the Crown.) 2 "That I have paid the full purchase price for said land and hold therefor the receipt of the .................... . executed by their duly authorized agent at......... . ... . and am entitled to transfer in fee simple from said ....... . "3. That the grant from the Crown has not yet been isslltld, but I am the . person rightfully in possession of said land:and entitled to create said mortgage (or encum­ brance) under

section of The Land Titles Act by virtue of the following title (set out mortgagor's title and show positively that the mortgage does not come within the pro­ visions of The Dominion Lands Act so far as the same pro­ hibits mortgages on homesteads). or " (In case the land mortgaged is a purchased homestead or pre-emption.) "3. That the grant from the Crown has not yet been issued but I am the person rightfully in possession of said land and entitled to create said mortgage (or encumbrance) under

section of The Land Titles Act, and

section 2.7 (or

section 28) of The Dominion Lands Act, by virtue of a certificate which I hold recommending the issue to me of letters patent to the said land, which certificate is in form J in the

schedule to the said The Dominion Lands Act, and is duly countersigned by the Commissioner .of Dominion Lands and is still in force. "Sworn before at the) ...... of ...... in the\ thi~ ·. ·. ·. ~f: : : : : . d~y ~f r .............. 19 ... J Signature.'' No. 51. SECOND SESSION FOURTH LEGISLATURE GEORGE Y 191~ BILL

An Act to amend tte provisions of The La:nd Titles Act relating to Mortg[tg0:-> of Homesteads and Pre­ emptions. Received and read the First time ................. . Second time ............... . Third time ............... . RoN. MR. BoYLE. ED MOTON: J. W. JEFFERY, KINo's PRINTER A. D. 191!1 Title: 1919 (4th, 2nd) Bill 51,

An Act to amend the provisions of The Land Titles Act relating to Mortgages of Homesteads and Pre-emptions

Document details

CollectionAlberta — Bills
CitationL4 S2 10193
Typebill
Volume / chapterL4 S2 10193
Languageen
Formatjson
SourcePROVINCIAL
Identifier094cc0a5cd689a4c164294ad4de90969c72c3f37

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