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