Bill 56 (Legislature 11, Session 5)

L11 S5 6853

Alberta — Bills

Bill No. 56 of 1952. A BILL TO AMEND THE BILLS OF SALE ACT. NOTE. This Bill amends The Bills of Sale Act, being

chapter 217 of the Revised Statutes of Alberta, 1942. The Bills of Sale Act was amended in 1951 to provide for the central registration of bills of sale executed within the Province and comprising motor vehicles, in the office of the registration clerk in the MGt'Or Vehicle Branch. This Act is now lamended to provide that bills of saJe comprising aircraft 'Or any 'Oil well drilling equipment will likewise be registered in a central registry in the same manner as bills 'Of sale c'Omprising motor vehicles.

Section 2 is amended toO make it clear that the prGper 'Officer for the registration of bills of sale cGmprising air craft 'Or any Gil well drilling equipment is the registration clerk in the Motor Vehicle Branch. Motor Vehicle Branch is defined a,.-; meaning the MoOtor Vehicle Branch of the Department of the Provincial Government charged with the administration of The Vehicles and Highway Tra.ffic Act.

Section lOa is amended. This

section provides for the registration 'Of bills of s'ale comprising mGt'Or vehicles in the 'Office of the registration clerk 'Of the MotGr Vehicle Branch; and the amendment provides that bills of sale comprising aircraft 'Or oil well drilling equipment will like wise be registered in that 'Office. Secti'On lOb is amended to make this

section confGrm with the amendments in

section 2 and

section lOa. SectiGn 13 deals with the bringing into the Province 'Of chattels which are the subject 'Of a mortgage executed at a time when they were situate without the Province. This

section is struck Gut and a new sectiGn is substituted to provide that a bill of sale executed without the Province and comprising a motor vehicle, 'an aircraft or any oil well drilling equipment is to be registered in the offic·e 'Of the registration clerk 'Of the Mot'Or Vehicle Branch within twenty-one days after the motor vehicle. aircraft 'Or Gil well drilling equipment, the subject 'Of the bill of ~ale, is permanently removed int'O the ProOvince. This Bill comes into force upon assent. J. W. RYAN, Acting Leigislative Counsel. . (This note does not form any part of the Bill but is o,fjerecl 'l,n explanation of its provisions.)

BILL No. 56 of 1952.

An Act to amend The Bills of Sale Act. (Assented to , 1952.) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta enacts as follows: I 1. The Bills of Sale Act, being

chapter 217 of the Revised Statutes of Alberta, 1942, is hereby amended.

Section 2 is amended:

Section 2 (

a) by adding immediately after the w'Ords "a motor amended vehicle" where they occur in clause (h), the words ", an aircraft 'Or any oil well drilling equipment," ; (

b) by striking out the word "Secretary" where it occurs in clause (h), and by substituting the words "Government charged with the administration 'Of The Vehicles and Highway Traffic Act"; (

c) the foll'Owing new clause is added immediately afteir clause (gg): "(ggl) 'Motor Vehicle Branch' means the Motor "!<I0~or Vehicle Branch of the Department of the ~~~~~~" Provincial Government charged with the administration of The Vehicles and High- WUty Traffic Act;". 3.

Section lOa is amended: secti°dnedlOa • amen (

a) by adding immedla tely after the words "motor vehicle" where they occur in subsection (1), the words ", an aircraft or any oil well drilling equip ment" ; (

b) by striking out the words "of the Department of the Provincial Secretary", where they occur in sub section (1) ; (

c) by striking out the words "the engine number and", where they occur in subsection (2) ; (

d) by striking out the words "of the Depa,rtment of the Provincial Secreta,ry", where they occur in sub section (3) ; (

e) by adding at the end of subsection (3) the words "or any bill of sale comprising an aircraft or any 'Oil wen drilling equipment that does not comply with

section 5".

Section lOb amended

Section 13 amended Permanent removal of chattels into Province Registration 2 4.

Section lOb is amended,- (

a) by adding immediately afte~ the wor~s "a motor vehicle" where they 'Occur In subsectIon (1) the words ", an aircraft or any 'Oil well drilling equip ment" ; (

b) by adding immediately after the wQrds "motor vehicles," where they 'Occur in subsection (1) the words "aircraft or oil well drilling equipment,"; (

c) by adding immediately after the words "the motor vehicle" where they 'Occur in subsectiQn (2) the w'Ords ", aircraft or 'Oil well drilling equipment" ; (

d) by striking 'Out the words "each motor vehicl~7' where they occur in subsection (2) and by substitut ing the words "any motor vehicle, aircraft 'Or 'Oil well drilling equipment"; (e) (

f) by adding immediately after the wQrd "vehicles" wherever it 'Occurs in subsection (3), the w'Ords ", aircraft 'Or oil well drilling equipment"; by adding immediately after the w'Ords "a motor vehicle," where they occur in subsection (3) the w'Ords "an aircraft 'Or any 'Oil well drilling equip ment,".

Section 13 is struck 'Out land the following is substituted: "13.

(1) Where a chattel subject to a m'Ortgage which was executed at a time when the chattel was situate without the Pr'Ovince is permanently removed into the Pr'Ovince, the mortgage shall be registered as a bill 'Of sale by filing as required by subsecti'Ons (2), (3) or (4) a C'OPy of the mortgage and of all affidavits and documents accompany ing or relating to the mortgage proved to be a true copy of the affidavit by some person who has compared the same with the original, otherwise the grantee shall not be per mitted to set up any right of property or right of possession in or to the chattel so rem'Oved as against creditors and subsequent purchasers or mortgagees claiming from or under the grantor in good faith for valuable consideration and without notice.

"(2) \Vhere a bill of sale comprises a motor vehicle, an aircraft 'Or any 'Oil well drilling equipment, it shall be registered by filing the instruments and affidavits required "b.Y subsectiQn (1) in the office of the registration clerk in the Motor Vehicle Branch within twentY-Qne days after the grantee receives notice 'Of the permanent removal into the Province 'Of the motor vehicle, aircraft 'Or 'Oil well drilling equipment comprised in the mQrtgage. "

(3) Where a bill 'Of sale comprises, a chattel 'Other than a motor vehicle, ana.ircraft 'Or 'Oil well drilling equipment, it shall be registered by fili~g the instruments and affidavit required by subsection (1) in the 'Office 'Of the registration clerk 'Of the district to which the chattel ha'~ been, perman-

3 ently removed within thirty days after the grantee has received notice of the place to which the chattel has been removed. "

(4) Where a bill of sale comprises a motor vehicle an aircraft or 'any oil well drilling equipment and a chattel other than any motor vehicle, aircraft or oil well drilling equipment, it shall be filed as required by subsection (2) in respect of any motor vehicle, aircraft or oil well drilling equipment and as required by subsection (3) in respect of any chattel, 'Other than any motor vehicle, aircraft or oil well drilling equipment comprised therein. "

(5) Where a bill of sale described in subsection (4) is registered as required by subsection (2) in respect of any motor vehicle, aircraft or oil well drilling equipment com prised therein, but is not registered as required by sub section (3) in respect 'Of any chattel, other than any m'Otor vehicle, aircraft or oil well drilling equipment, oomprised therein, nevertheless it shall be deemed f'Or all the purp'Oses of this Act to be sufficiently registered in respect of any motor vehicle, aircraft or oil well drilling equipment com prised therein. "

(6) Where a bill of sale described in subsection (4) is registered 3!S required by subsection (3) in respect of any chattel, other than any m'otor vehicle, aircraft or oil well drilling equipment, conlprised therein, but is not registered as required by subsection (2) in respect of any motor vehi cle, aircraft or 'Oil well drilling equipment comprised therein, nevertheless it shall be deemed fDr all the purposes of this Act to be sufficiently registered in respect of any chattel other than any motor vehicle, aircraft 0'r 0'il well drilling equipment comprised therein.". 6. This Act shall come into fDrce on the day upon which ~Omifng 't . ted to mto orce I IS 'assen .

No. 56. FIFTH SESSION ELEVENTH LEGISLATURE 1 Elizabeth II 1952 BILL

An Act to amend The Bills of Sale Act. Recei ved and read the First time Second time .. Third time ... RON. MR. GERHART. Title: 1952 (11th, 5th) Bill 56,

An Act to amend The Bills of Sale Act

Document details

Collection	Alberta — Bills
Citation	L11 S5 6853
Type	bill
Volume / chapter	L11 S5 6853
Language	en
Format	json
Source	PROVINCIAL
Identifier	1b05aa618b23b245c66c0f1b75a9a5a626fbed19

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