Bill 22 (Legislature 12, Session 3)

L12 S3 6467

Alberta — Bills

Bill No. 22 of 1955 A BILL TO AMEND THE JUDICATURE ACT NOTE This Bill amends The Judicature Act, being

chapter 129 of the Revised Statutes o.f Alberta, 1942. At the 1954 Session The Judicature Act,

section 36, was amended to. authorize the setting up of a receivership in actions upon mortgages o.r agreements for sale of urban lands. This provision is being repealed and more complete provisio.ns concerning the same matter provided for in a new sectio.n 36b. Subsectio.n (1) of

section 36b authorizes a court or judge to appoint a receiver, after the commencement of an action upon an agreement for sale, or a mortgage, of urban 'land and after an application therefor by a mortgagee or vendor. Subsection (2) provides for the application of the rents and profits received by the re:ceiver. They are to be used in paying the taxes on the property and in reducing the in debtedness of the mortgagor or purchaser in respect of the property.

Subsection (3) authorizes a receiver to distrain for rents; subsection (4) permits the court to order possession of the pro.perty to be given to the receiver, when there is a default in the payment of the rents and profits, for his leasing. Subsection (5) provides for application being made to court by a receiver fo.r further instructions; while subsection (6) permits the court to discharge the order appointing a re ceiver upon notice. Subsection (7) makes provision for substitute receivers; while subse'ction (8) provides that an order appointing a receiver will act as a stay of proceedings.

A new sectio.n 36e is added and provides that an assign ment of a lease or of rent may be enforceable if the lease or rent affect urban land and is granted to a mortgagee or vendor by the mortgagor or purchaser of the land. This Bill comes into force upon assent. J. W. RYAN, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered ,in explanation of its provisions.)

Section 36 amended New sections 3Gb and 360 Appointment of receiver Application of rents or profits Distress for rent Default Application for direction Discharge of receiver BILL No. 22 of 1955

An Act to amend The Judicature Act (Assented to , 1955) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, ena.cta as follows: 1. The Judicature Act, being

chapter 129 of the Revised Statutes of Alberta, 1942, is hereby amended. 2,. Se,ction 36 is amended by striking out clause (r). 3. The following new sections are added immediately after

section 36a: "3Gb.

(1) Notwithstanding clauses (0), (

p) and (

q) of

section 36, after the commencement of an action upon any mortgage of urban land or upon any agreement for sale of urban land, a court or judge, upon application by a mortgagee or vendor or an assignee thereof, may appoint, with or without security, a receiver to collect the rents and profits arising from the urban land. "

(2) The proceeds of any rents or profits collected by the receiver, less any fee or disbursements, whi,ch may be allowed by the court or judge to the receiver as and by way of remuneration, shall be applied "(

a) in payment of taxes accruing due or owing on the land in receivership, and " (

b) in reduction of the claims of the mortgagee or vendor or assignee thereof against the land in re ceivership. "

(3) A receiver appointed pursuant to this

section may distrain for rent in arrears in the same manner and with the same right of recovery as a landlord. ''''( 4) Upon default of the mortgagor or purchaser of the urban land in receivership to pay the rents or profits there from, a judge may order possession of the land to be de livered up to the receiver and leased by him, on such terms and conditions as the judge deems fit. "

(5) The court or a judge may, upon application thereto by the receiver, give the receiver such further directions from time to time as the circumstances may require. "

(6) An order appointing a receiver may be discharged by the court or a judge at any time, but the order shall only be discharged upon application after noti~e.

2 "

(7) When and so often as the ,circumstances require, the ~~~~~I:~te court or a judge may, without discharging the order appoint- ing the r~eiver, substitute another person for the person originally appointed by the order appointing a receiver, and the substituted receiver shall perform all the duties and have all the powers given by the order or this

section to the person originally appointed. "

(8) Wh d . t· .. d d Stay of en an or er appoln Ing a receIver IS rna e un er proceedings this section, proceedings in the action upon the mortgage or upon the agreement of sale shall be staved until such time as the order appointing a receiver is discharged. "36c. An assignment in writing of any lease or rent given ~~~fsn by a mortgagor or by a purchaser under an agreement for sale in favour of a mortgagee or vendor thereof and not being an assignment of the mortgage or agreement for sale itself may be enforced notwithstanding the restrictions contained in clauses (0), (

p) and (

q) of

section 36." 4. This Act comes into force on the day upon which it is Coming into assented to. force

THIRD SESSION TWELFTH LEGISLATURE 4 ELIZABETH II 1955 BILL

An Act to amend The Judicature Act Received and read the First time ........................ . Second time ....................................... . Third time .......... .. RON. MR. MAYNARD Title: 1955 (12th, 3rd) Bill 22,

An Act to amend The Judicature Act

Document details

Collection	Alberta — Bills
Citation	L12 S3 6467
Type	bill
Volume / chapter	L12 S3 6467
Language	en
Format	json
Source	PROVINCIAL
Identifier	16e28b5085bdc5b1f6cb3a0c3e13f196cc51f838

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