Bill 67 (Legislature 8, Session 6)

L8 S6 8173

Alberta — Bills

Bill No. 67 of 1938. A BILL RESPECTING THE EXACTION BY VENDORS AND MORTGAGEES OF FEES, CHARGES AND COSTS OTHER THAN THE COSTS OF ANY JUDG MENT OR ORDER OF A COURT. NOTE.

This Bill declares any agreement whether entered into before or after the coming into force of this Act whereby any party to a mortgage of land, a chattel mortgage, an agree ment for the sale of land or any agreement for sale or con ditional agreement of sale of any personal property or the executors or assigns of such party, is made liable for the payment of any fees, charges or costs other than the costs of a judgment or order of a Court of competent jurisdiction, to be utterly null and void (section 2).

It is made an offence to demand payment of any sum on account of any agreement so declared to be null and void, punishable in the case of a corporation by a fine of not more than five hundred dollars and costs, and in the case of a natural person to a fine of not more than one hundred dol lars and costs, and in default of payment to imprisonment for not more than six months (section 3). The right to recover costs recoverable in respect of pro ceedings under The Distress Act or The Seizures Act is pre served. R.

ANDREW SMITH, Legislative Counsel. (This note does not form any part of the Bill and is offered merely as a partial explanation of some of its provisions.) BILL No. 67 of 1938.

An Act respecting the Exaction by Vendors and Mortgagees of Fees, Charges and Costs other than the Costs of any Judgment or Order of a Court. (Assented to , 1938.) HIS MAJESTY, by and with the advice and consent of tbe Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Vendors' and Mortga gees' Costs Exaction Act." 2.

Every covenant, agreement or stipulation, whether entered into before or after the coming into force of this Act, whereby any party to a mortgage of land, a chattel mortgage, an agreement for the sale of any land whether real or personal, or any agreement for sale or conditional agreement of sale of any personal property, or the executors or assigns of any such party, is made liable for the payment of any fees, charges or costs other than the costs of a judg ment or order of a court of competent jurisdiction, shall be utterly null and void. 3.

Every person who demands or causes to be demanded of any person the payment of any sum on account of any covenant, agreement or stipulation, which is by this Act declared to be null and void, shall be guilty of an offence and shall be liable on

summary conviction therefor, in the case of a body corporate to a fine of not more than five hundred dollars and costs, and in the case of a natural person to a fine of not more than one hundred dollars and costs, and in default of payment to imprisonment for a term of not more than six months. 4. Nothing in this Act shall affect the right to recover any costs which may be recovered in respect of any and incidental to proceedings under The Distress Act or The Seizures Act. 5. This Act shall come into force on the day upon which it is assented to. SIXTH SESSION EIGHTH LEGISLATURE GEORGE VI BILL

An Act respecting the Exaction by Vendors and Mortgagees of Fees, Charges and Costs other than the Costs of any Judgment or Order of a Court. Received and read the First time ........................................ . Second time ..................................... . Third time ....................................... . RON. MR. MAYNARD. EDMONTON: A. Shnltka, King's Printer Title: 1938 (8th, 6th) Bill 67,

An Act respecting the Exaction by Vendors and Mortgagees of Fees, Charges and Costs other than the Costs of any Judgment or Order of a Court

Document details

Collection	Alberta — Bills
Citation	L8 S6 8173
Type	bill
Volume / chapter	L8 S6 8173
Language	en
Format	json
Source	PROVINCIAL
Identifier	2903817f32225086fce85d64744ae1cb172b74e0

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