Bill 76 (Legislature 9, Session 1)

L9 S1 7885

Alberta — Bills

Bill No. 76 of 1941. A BILL TO AMEND TlIE DEBT ADJUSTMENT ACT, 1937 NOTE. This Bill amends The Debt Adju-stnwnt Act, 1937. Those portions of the Act giving the Board power to make disposition of a debtor's property have been elimi nated. The Act is made to apply to judgments obtained before July 1st, 1936, and the Clerk of the Court and Sheriff are directed not to issue execution or make a seiz ure under sU,ch judgment unless a permit has been issued by the Board.

The Bill also provides the right of appeal from a decision of the Debt Adjustment Board granting or refusing a per mit to bring an action or other proceedings. The appeal is to a Judge of the Supreme Court with a jury and the pro cedure to be followed in taking such an appeal and in hav ing it heard is set out in the Bill. W. S. GRAY, Acting Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 76 of 1941.

An Act to amend The Debt Adjustment Act, 1937. (Assented to ,1941.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. This Act may be cited as "The Debt Adjustment Act, 1937, Amendment Act, 1941." 2. The Debt Adjustment Act, 1937, being

chapter 9 of the Statutes of Alberta, 1937, is amended as to

section 6 thereof by striking out the words "and as to the disposi tion of the property of any such person", where they appear in the fourth and fifth lines of the said section, and by substituting therefor the words "resident farmer", and by striking out the words "farmer or resident home owner", where they appear in the said

section and by substituting therefor the words "debtor or resident farmer". 3. The said Act is further amended as to

section 8, (

a) by adding at the end of subsection (3) the follow ing new paragraph: "(

c) Any judgment which was obtained before the first day of July, 1936." (

b) by adding the following new subsection: "

(7) With respect to any judgment to which this

section applies, no writ or execution shall be issued by the Clerk of the Court nor shall any seiz ure or distress be effected by the sheriff unless the judgment creditor or execution creditor, as the case may be, shall have produced and filed with the clerk or sheriff, a permit issued by the Debt Adjustment Board giving consent to the issue of proceedings by way of execution or seizure or dis tress under this section. 4. The said Act is further amended as to

section 10,- (

a) by striking out all the words following the words "adjourn the application", where the same appear in the eighth line of subsection (1) thereof, and by substituting therefor the words "for such length of time as the Board may deem advisable under the circumstances"; (

b) by striking out subsections (2) and (3) thereof.

2 5. The said Act is further amended as to

section 24 by striking out the same. 6. The said Act is further amended as to

section 32 by striking out the same and by substituting therefor the fol lowing: "32. If any person wilfully takes or continues any action or procedure or makes or continues any seizure or sells or disposes of a chattel in violation of the provisions of this Act or the regulations, he shall be liable upon

summary conviction to a fine not exceeding two hundred and fifty dollars and in default of payment to a term of imprisOn ment with hard labour not exceeding three months or to both." 7. The said Act is further amended as to se,ctioll 36 by striking out the same and by substituting therefor the fol lowing new section: "3G.~

(1) Any person who de€ms himself aggrieved by the action of the Board in granting or refusing a permit consenting to the taking of any action or other proceMings und!:!r this Act or in cancelling or refUsing to cancel a per mit previously given or in respect of any direction given by the Board, niay file with the Clerk of the Supreme Court and serve upon the Board within twenty days frOID the date of the action of the Board then in question, a notice of appeal appealing from such action to a Judge of the Supreme Court sitting with a jury of six persons. "

(2) At the time of filing such notice of appeal, the ap pellant shall deposit with the Clerk of the Supreme Court such sum as the Clerk considers sufficient for the payment of the jurors' fees and the expenses of summoning them. "

(3) Upon any such notice of appeal being given to the Board in the manner and within the time prescribed by this Act, the Board shall with all reasonable dispatch and in any event within st=lVen days thereafter, transmit to the Clerk of the Supreme Court, a return showing the evidence, documents and other material upon which the Board acted in granting, refusing', cancelling or refUsing to cancel the permit in question, or in respect of any direction given by the Board, " ( 4) Within fifteen days after the filing of the return by the Board, the person appealing from its decision shall apply to a Supreme Court Judge to fix a date for the hear ing of the appeal and for directions as to the persons to be served with notice of the hearing, the manner of service and such other directions as may be necessary for the de termination of the appeal, and the appellant shall comply wIth the directions so given by the C()urt.

II

(5) If more than one notice of appeal has been filed from a decision of the Board, a judge shall, in so far as possible, fix the same date for the hearing of all such ap-

peals and a jury selected fo.r the hearing o.f the first appeal may hear any additio.nal o.r subsequent appeals under this Act. "

(6) The Co.sts incidental to. the summQning o.f the panel, juro.rs' fees and all o.ther lawful expenses in co.nnectio.n therewith, shall, at the end o.f the hearing o.f all appeals be appo.rtio.ned between the appellants by the Clerk o.f the Co.urt. "

(7) Upo.n the hearing o.f the appeal, after the jury has been cho.sen and swo.rn, the appellant and any o.ther perso.n who. has been served with no.tice o.f the appeal pursuant to. the directio.ns o.f the judge may call witnesses and intro.duce evidence as at the trial o.f an actio.n, and the rules relating to. pro.cedure and admissibility o.f evidence in civil actio.ns shall be applicable to. such hearing. "

(8) The questio.n as to. the actio.n o.f the Bo.ard in with ho.lding, granting, cancelling o.r refusing to. cancel a permit, o.r in giving a directio.n under this Act, shall be a questio.n o.f fact fo.r the determinatio.n o.f the jury under pro.per in structio.ns fro.m the judge and there shall be no. appeal fro.m such determinatio.n o.r fro.m any judgment o.r o.rder made thereo.n and no. pro.ceedings in relatio.n to. any appeal o.r any judgment o.r o.rder made thereo.n, shall be restrained by injunctio.n, pro.hibitio.n o.r any o.ther process o.r pro.ceed ings in any Co.urt no.r be remo.vable by certiorari o.r similar pro.ceedings in any Co.urt. "

(9) A co.py Qf every judgement made o.n the hearing o.f an appeal shall be kept o.n file at the o.ffice o.f the Bo.ard. "

(10) Subject to. the pro.visio.ns o.f this Act, the pro.cedure with respect to. appeals, the hearing o.f the appeal and the selectio.n o.f the jury, shall be go.verned by The Jury Act and the Co.nso.lidated Rules o.f Co.urt in so. far as they are applicable thereto.." 8. The said Act is further amended as to. sectio.n 37 by striking o.ut the same. 9.

The said Act is further amended as to. sectio.n 40a by striking Qut the wo.rds "to. be co.ntinued in fo.rce so. far as the same relates to. any time prio.r to. the eighth day Qf April, 1938", and by substituting therefQr the wQrds "to. have been in fQrce and to. have been cQntinued in fQrce as if the said sectiQn had no.t been repealed and the said sec tio.n is hereby re-enacted as part Qf this Act". 10. This Act shall CQme into. fQrce o.n the day UPQn which it is assented to..

No. 76. FIRST SESSION NINTH LEGISLATURE 5 GEORGE VI 1941 BILL

An Act to amend The Debt Adjust ment Act, 1937. Received and read the First time Second time .. Third time. RON. MR. MAYNARD. EDMONTON: A. Shnitka, King's Printer 1 9 4 1 Title: 1941 (9th, 1st) Bill 76,

An Act to amend The Debt Adjustment Act, 1937

Document details

Collection	Alberta — Bills
Citation	L9 S1 7885
Type	bill
Volume / chapter	L9 S1 7885
Language	en
Format	json
Source	PROVINCIAL
Identifier	43bfba5d35188d51957f2872e74c0598ebba8ce2

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