Bill 65 (Legislature 7, Session 3)

L7 S3 8735

Alberta — Bills

B I L L No. 65 of 1933.

An Act to amend and consolidate The Crop Payments Act, 1922. (Assented to , 1933-) 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 Crop Pa~ents Act, 1933·" 2.

In this Act, unless the context requires a contrary meaning,- (a) (b) (c) 11 0rop lease means any assurance,. agreement or act in the law by virtue of which a mortgagor becomes the ten~t of a first mortgagee and the rent reserved thereby is some portion of any crop grown upon the land of the tenant; 11 Mortgage means any assurance whereby any charge upon land is created or effected for the purpose of securing the pay ment of any money or any money's worth, and without derogat- ing from the generality of the foregoing, includes mort gages of land whether legal or equitable and charges or liens upon land created by ~ny statute to secure the payment of any money; "Mortgagee" means the person entitled to receive 9.ny money the payment of which is secured by a mortgage; (d) "Mortgagor" me3.ns the person who owns land which is chargwd with the payment of any money by reason of a mortgage. 3.

Every crop lease whereby the share of the crop deliver able to the lessor is in excess of one-fourth of that crop shall be null and void against the creditors of the lessee. 4.

In case a crop lease is entered into or effected between a mortgagee as lessor and a mortgagor as lessee in respect of the mortgaged premises or between the vendor of any land under an agreement for sale and the purchaser thereof whereby a share of a crop grown upon the land comprised in the mortgage or the agreement for sale is deliverable on account of any money secured by the mortgage or payable under the agreement for sale, as the case may be, the amount of crop deliverable in any year shall not exceed an amount sufficient when sold to produce an amount equal to the aggregate of the amounts following, namely,- (

a) Interest for that year upon the mortgage debt; (

b) Taxes upon the mortgaged premises levied in that year; (

c) Hail insurance in respect of the crop subject to.the lease in case the mortgage requires the mortgagor to effect such insurance and pay the p~emiums thereon; (

d) Fire insurance in respect of the leased premises for that year in case the mortgage requires the mortgagor to effect such insurance and to pay the premiums thereon,- oran amount equal to one-fourth of the crop, whichever amount ie the least. - 2- 5.

Where in any lease, agreement for sale or first mortgage of any land provision is made for the payment in whole or in part of the rent, purohase money or mortgage money for the delivery of a share of any crop grown upon the said land, or of the proceeds of such a share, than the lessor, vendor or mortgagee shall be deemed to be and to have been the owner of an undivided interest in such crop to the extent of the share thereof required to be delivered to him or of one-fourth thereof, whichever shall be the least from the moment of the sowing of the crop until delivery in full is made of the de liverable share, and neither the lessee, vendee, mortgagor or any person claiming through or under him as an execution creditor, purchaser, mortgagee or otherwise howsoever shall have any claim thereto in priority to that of t~e lessor, vendor or mortgagee. 6.

Every mortgagor ~nd every purchaser under an agreement for sale of any land who enters into a crop lease with respect to that land shall, notwith~tanding anything in any Act to the contrary and notwi~hstanding any covenant, agreement or sti~ lation of any kind or description to the con~rary, be entitled to retain out of the share crop deliverable to the lessor such part thereof as together with the rest of the crop is equivalent to the portion of the crop which would under the provisions of The Exemptions Act and apart from this Act be exempt from seizure by virtue of writs of execution, and no part of such portion shall be distrained for rent. 1.

(1) Notwithstanding anything to the contrary contained in this Act, or in ~ny agreement for sale or mortgage of land to which this Act appli~s, or in any other agreement for sale or mortgage of farm land, or in any share of crop lease collateral to a mortg~ge or agreement for sale of land, the rights of a vendor or mortgagee, or his assignees,. shall not in respect of· the crop grown by the purchaser or mortgagor in the years and 1933, affect more than one-third of the crop produced in either of these ye~rs; ~nd the purchaser, mortgagor or lessee may in the ye~r 1932, or in the year 1933, as the case may be, out of the share of the crop belonging to the vendor, mortgagee or lessor, pay one year's taxes upon the land on which the crop is grown, and, in such case, upon production of the receipt of the municipality for such payment, the vendor, mortgagee or lessor shall be entitled only to the one-third sh~e of the crop.

(2) The benefit of the provisions contained in this

section shall be applicable to and include the assignors of agreements for sale and mortg~ges, and the assignees of purchasers and mort gagors respectively. g., The Crown shall not be bound by the terms of thi ·s Act but may take advantage of the provisions thereof. 9. The Crop Payments Act, 1922, being

chapter 13g of the Revised St~tutes of Alberta, 1922, is hereby repealed. . ~ ~ No. 65. THIRD SESSION SEVENTH LEGIStATURE GEORGE V B I L L

An Act to amend and consolidate The Crop Payments Act, 1922. Received and re~d the Firat time ____________ __ Second time ____________ _ . . • ' Third time -.-------- Hon. Mr. Lymburn. .. Title: 1933 (7th, 3rd) Bill 65,

An Act to amend and consolidate The Crop Payments Act, 1922

Document details

Collection	Alberta — Bills
Citation	L7 S3 8735
Type	bill
Volume / chapter	L7 S3 8735
Language	en
Format	json
Source	PROVINCIAL
Identifier	5e7ab8cebae77b69ccb6f43ac466d78b054384cc

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