Bill 20 (Legislature 4, Session 1)

L4 S1 9709

Alberta — Bills

BILL No. 20 of 1918.

An Act to amend The Dower Act. (Assented to , 1918.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: The Dower Act, being

chapter of the Statutes of Alberta, 1917, is amended as follows: 1. By adding after the word "shall" in the sixth line of

section the words 1/ subject to the provisions of

section 7b hereof". 2.

Section is amended by adding as subsection (2): 1/

(2) Where at the time of the death of a married man intestate with respect to his homestead, his wife is living apart from her husband under circumstances disentitling her to alimony, no such life estate shall vest in such wife, nor shall she take any benefit under this Act." 3. By adding as

section a the following: I/7a. Where the wife of the owner of a homestead is, in fact, living apart from her husband under circumstances disentitling reI' to alimony or is in fact a lunatic or person of unsound mind, then any judge of the Supreme Court upon the application of any person interested and by order ms,de in a

summary way spall upon the establishment of the former fact, and may upon the establishment of the latter fact, dispense with tbe consent and acknowledgment of the wife, subject in tre latter event to such. terms and conditions as appear to hm just. "

(2) Where tl.e wife is a lunatic or person of unsound mind, notice of evel'Y such application shall be served in the manner provided by tre Rules of the Supreme Court fOT the service of Statements of Claim on such persons. "

(3) Upon sucll. order being filed with the registrar of land titles, and upon payment of the proper fees the regis trar shall register the transfer, agreement, lease, mortgage, encumbrance or other instrument in the same manner as if this Act had not been passed." 4. By adding as

section 7b the following: "7b. No transferee, mortgagee, encumbrancee, lessee or other person acquiring an interest in a homestead shall be bound to make enquiry as to the tmthfulness of the facts alleged in the affidavit required to be taken under the pro visions of

section of The Land Titles Act or in the certificate of acknowledgment in form A appended hereto, but upon execution of an instrument purporting to be completed in accordance with this Act, such instmment shall become valid and binding according to its tenor save as in subsection (2) of this

section provided. 2 "

(2) Knowledge on the part of any transferee, mortgagee, encumbrancee or lessee that the land dealt with in a dis position to him is the homestead of the person making the same, and that such person has a wife whose consent to such disposition is required by this Act and who has not given such consent shall be fraud and in an action by the wife any such disposition, the registration thereof, or the certificate of title issued thereon as the case may be, shall be set aside and cancelled." 5. By adding as

section c the following: "7 c. Whenever any land may be taken compulsorily under the provisions of any Act of Canada or Statute of Alberta and is so taken or is acquired under an agreement with the owner thereof by the person entitled to take the Harne compulsorily, then the provisions of this Act shall not apply to the disposition of such land." 6. By adding as

section 9a: "9a. This act shall apply to all wives, whether or not they have attained the age of 21 years, and for the purposes of this Act, and every matter or thing done under or by virtue of its provisions, a tnarried woman of whatever age shall be deemed to be sui juris." 7. By striking out from form A the words "being volun tarily executed by her" and substituting therefor the words "being executed by her of her own free will and accord and without any compulsion on the part of her husband", and by changing the caption thereof from "Acknowledgment by Wife" to "Certificate of Acknow ledgment by Wife". No. 20. FIRST SESSION FOURTH LEGISLATURE GEORGE V 1~18 BILL

An Act to amend The Dower Act. Received and read the First time ...... Second time ... Third time ....... . HON. MR. CROSS. EDMONTON: J. W. J.rnBT, KIKo'. ~ A.D. 1018 Title: 1918 (4th, 1st) Bill 20,

An Act to amend The Dower Act

Document details

Collection	Alberta — Bills
Citation	L4 S1 9709
Type	bill
Volume / chapter	L4 S1 9709
Language	en
Format	json
Source	PROVINCIAL
Identifier	119ed448cffca956060d135d965975687eb5c07c

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