Bill 59 (Legislature 2, Session 4)

L2 S4 10664

Alberta — Bills

BIILL No. 59 qf1913. An Ac.t to Amend 'fhe TownJ Act, being

Chapter 2 of the Acts of -l-911-12. (Aij8ented to 1913.) HIS MAJESTY, by and with the advice •and consent of the Legislative Aasembly ·of the Province of Alberta, enacts as foll:ows: 1.

Chapter 2 of the Acts of 1 11-12, The Town Act, is hereby amended by adding thereto the l1owing secti·on: "372. The counail of the m icipality of the Town of Mac l~od may pass a by-law f1or payi g the mayor of said town a sum not exceeding ten dollars for ev ry meeting of the said council attended by the said mayor and ach of the other members of the said council .a sum nDt exceedi g five dollars for each meeting of the said council attended by h Qf said councillors, provided however that neither the mayor nor any member of the oouncil shall be entitled to receive remun mtim1 flor more than forty-eight meetings during any one year." 2.

Chapter 2 of ~he Act'l of 1911~12 of The Town Act is fur ther hereby amended by repeali g in so far as the same applies to the municipality of the Town of .Maclood, sections 324 to 335 both inclusive, and substitnting tl1erefor as to th~ said Town of Macleod t·he following sections: . "324.

Whenever any portion of taxe~ on any lands has been due for two years the secretary-tr usurer shall submit to the mayor a list of a.ll the lands in the bool on which taxes are so due with the amount of arrears ·against ach lot set opposite to the same and the maJilor shall authent,ica such list by affixing thereto the seal of the tCorpora:tion and his s-ignature ifind shall return such list to the secretary-treasurer itJh a warmnt thereto annexed under his hand and seal of the municipality commanding him to levy upon the land for the arrears due thereon ·wi·th costs and the said secretary-treasurer is h eby authorized to sell the same.

"325. The secrelo!try-tneasure shall prepare a copy of the list of lands to be sold! as authorize by this Act and shaU include therein in a separate column ' statement of the proportion of costE chargeable on e8Jch lot f •advertising and the sum of twenty-five cents for each parce advertised for sale :and shall <·ause the said list to be publis ed at least once a week for five consecutive weeks in at least on newspaper published in the said municipality. "326.

The said advertisemeft shall state talso the day, time and place, where and when the . aid Lands are to be sold and shall contain a notifi•cation that nnle R tho ·arrears of taxes and costs are sooner paid the secret•ary-trea urer will proceed to sell the lands £or [,a.xes on the day and at the lace mentioned in the advertise ment. "327.

All the lots liable for1sale in the municipality shall be included in the same statemen and notice but any neglect or omission to include anv land li ble for sale in said list shall not be held to inva.lidia.te the sale or prevent the sale of such omitted ],and on any future ocea.-;ion fo all arrears of t•axes that may be due thereon.

"328. 'Dhe day of sale shat not be more than twenty davs after the l-ast publieaLion as he einbefore provided and the sale ~hall take place at such plaee i the municipality as ·the council shall from time to time by reso 1tion appoint and in the absence of such appointment at such lace in the municipaEty as the secretary-treasurer in his ooid otice shall name.

2 u3.29. ':I'he secretary-trea::-;urer nuty adjourn t. e sale from time to tirne pr:ovided alway~ that no such ·adj ournm t shall be for a period exceeding fifteen days. "330.

At the pla<.·e, day an·d hour appoint for the sale· of lands (if the taxes thereon including costs and ha.rges have not previously been paid) ·the secretary-treasurer sha 1 offer the lands for sale by publi·c auction and in so doing shall \U.ke and declare tho arnounts stated in the list as the taxes due wit his charges and costs as the upset price in each re;,:pective lot or arcel as offered for ea.le nnd sha.ll t•hus sell t·he sa.n1e to the hig est bidder or to ~uch person •as n1a.y be ·willing t.o take it at t.he pset price, there l)eing no higher bidder, but subjeet to redempti n as hereinafter p rovi rl ed f'o·r. · "33:1..

If no bidder appears for any land for the full amount of arrears of toa.xe~~, eost.s and charges the secret-a y-treasurer shall t..he.re and then sell the satn.e to the municipality 'c. . the upset price. "33.2.

If' tJ-.e land sells for a greater sum th n the taxes due together with all cha.rge..-;; there011 the purcha. r shall only be required to pay nt the tin1e. of' sale the .amount f said ta.xes and c:.iliarges and the balance of' the purehase money shall be payable within ·one calendar Inonth a.f'ter the time of r emption of t•he ~aid lund shall have expired '\-Vithout tl"l.e same having been re (1eemed '\-vit.h.iu the tilne lirnit.ed a.nd if' the .~a.id balance of' pur ehRse m·oney shall no·t be so paid by the purch ~er, his heirs or assigns, within t•he ti1ne above prescribed he and ey shall forfeit -all clain1 to the said land and to any transf'er or n.vevance there of' .as well •as the amount. paid at. the time of sal and such land H-h.all thereupon <>ease to be nffe('ted by said sale.

"333.

If J,h.e pnrchuser of -any parcel of land ils irnn-:t·edi·ntpl~· to pay t.he secretary-treasurer on account of s '.d purchase tl1c· nn1ouu t el·a.in"l.ed for -arroa.rs of taxes and charges t e treasurer sh-a 11 f·o:rthwit.h again put up t.he property for sale. u334. '.I'he se<.'ret.tt.ry~h"'ew':lurer after selling an - land for ta...xc:-; shall give to tJ1e purcha;;;:er a. certificate describ'ng the land n:-: advertised stating the -n.n1ount of' t-.axes and -eo._ .s paid and the t.ota.l a.Jnouut of purchase rnoney and furt.her say ng that a trans fer of the san1e to the purchaser or his n.ssigns ~ all be executed l.>y t•he seereta.ry-treasurer o·n his or th:eir dern nul '\Yithin one rnon th uf'ter the expiration of one year f'rom t.he 1-a.rte of' the certi ficate if t.he land be not previously redeerned .a.n upon payment of the balanee of' the purehn~e n'loney if any re ins unpaid and upon payrnent of $2 for said transfer. t·he secretarv J.e land so far 3s c.tin.g the same .he terril. during "335.

The purchaser shall on receipt o treasurer's certifi<•n.te of' sale beeotne the o'vner of to h n.ve a 11 n ec-e.'*·l[try rights and po'\-v.ers for pro fron1 spo·ilati.on or '\-Va..."'ote until the expiration of 'vhieh t•he lands tnay he redee:n-:ted;.

"336. .A. statetnent of the lands so sold for :arrears of taxes 'vi t.h t.he tuune..~ of' the respective purch-a.f:ers, the date of' sale, the tinJc of redetnption and the amount required tor eem shall with in thirty days of the d·ate of sa.le or adjourned .le be made out u.nd signed by t·he secreLary-treasurer in .-luplioa e and one copy shall be kept by the seeretary-trea."'urer -and the other delivered to the mayor and eit.her of the snirl lists n'lay be nspected at any t.iruo during offiee hours f'or a f'ee of ·ten cents f'or ch lot of which inspection is desired.

"337. '1"11e owner of any land which n1·ay her ter be sold for taxe..'5 or his heirs, executors, administrators or assi rns or any other person on his or their behalf but in his na.rne 1ly n1•ay .at any time '\vithin ·One vear f'ron1 the date of' sale excl ·ve of' that date redeem the real 'est.ate sold by paying to the s ret.a.ry-tr~asurer bef'ore tl'le hour of' t.hree o'cloek in toh·e afternoot of the sa.J:d last day for redemption f'or the use and benefit of the purchaser or his legal representatiYes the sunJ. paid by him toget er with ten per cent. thereon a.nd any further sum '\-vhich shall · ave been levied against said land and paid by t:he pu rcha.ser befor date of_ redemp tion and the secretary-treasurer shall give tl'le p ty pay1ng such redemption money a receipt stating the sum pai and the objects t•hereof and such receipt shall be evidence of' the edemption.

31 . "338. For the purpose of thilArt the day of sale shall be the day on which the sale was adver ised to take place without refer ence to any adjourumenL or a journments and an certificates shall be dated ·as of that day. "339. From the time of pay ent to ·the secretary-treasurer of the full amount of redemptioO!l noney required by this Act all rights and interests of the purch .c;er shall ceooe. "340.

"Whenever such redem tion is effected by a person not specially author.ized ·the secretar -treasurer shall mention in the receipt given by him for the r emption money the name and designation of the person payin the same and the name of! the person on whose behalf ~he pay ent is made and every redemp ti~on receipt shall be m!l'de out · n dup1_icat.e; one copy shall oo g1vcn to tpe person paymp; the edem'ption money and one shall remain on file in the offiue of th secretary-treasurer.

"341. 'rhe secretary-treasure shall also immediately after the reC:l<emption vf any land give n tice by registered letter to the party ·appearing by his books to pureha._<;er of the same apprising him of the fact .of such redempt on and of the amount of money. paid in for such purpose. "342.

If the land be not re( emed within the period allowed by this Act then on demand of e purchaser, his heirs or assigns or other legal representatives at ny time within one month after the expiration of the time limit d for the redemption upon pay ment of the balance of p_urcha.s money as aforesaid and of the further sum of $2 the ftcre!ar:r treaf\urer shall prepare and exe cnte and deliver to him )l' tlll'n n transfer of the lallid. soB pru vided that -any land sold lo the unicipaEty under the provisions of this A~t as hereinbefore pro 'ided shall be transferred to the muni-cipality by the se~retar -treasurer of the municipality immediately on the expiration o the time allowed for the redemp tion, without c.harge; sueh tran fer shall be in form A given in the

schedule to this A~t or to t 1e ~me effer,t and shall state the date •and cause of Rale and th price and shall have t!he effect (upon confirmation .of the sale by a judge) of vesting the lan\l in the purchaser, his heirs, assi m and other legal representative.q in, fee simple or otherwise acCJo ding to the lllaturc of the estate sold and no such t.rander ~hall )C invalid by rea;;on of any error or mllicalculation in the amoun. of taxes in arrear. "343.

Such transfer shall not only vest in the purchaser al1 rights of property which the ori inal holder had therein, but shall abo purge and disencumber rue land from all payments, charges, liens, mortgages and en cum bra tees of what.eyer nature and kind other than existing liens of the unicipality or Crown and when ever lands are S\}ld for arrear~ o taxes, and the secretary-treaBurer :-Jha1l have given a transfer the ·euf, such transfer shall, notwith standing any informality or d feet in or preceding surh sale, be ntlirl and binding to all inten s and purposes; except as against the Crown. "

(2) Afl.er the expiration o~ one year from the date of any such transfer the sale and tran.fer may be set aside only upon it,; being shown either: "1. That U1ere has been fra d or collusion; or "2. That all taxes have been paid; or "3. That the land was not li ble to asses.'lllent. "344.

The secret.ary-treasur r &hall keep a separate acoount of all sums paid to him as a bal nee of purchase money on lands sold for arrears of taxes, and n t redeemed and shall enter in the book the •amount received ove · the taxes and charges from the pur.chaser of any lot.., sold by 1im against said lot with dn,te of sale and of receipt of ballw e and the aggregate amount so received shall form a fund to called the tax sales fund and the secretary-treasurer s1all in th month of J•anuary in each year and on request 'at any other time, furnish a statement to the council, giving the particula respecting such fund and when ever any portion of such fund shall have remained ,in the hands of the secretary-treasurer for 'x years from the day of sale of the lallid. of tl.e purchase oney of which it forms a pt.l<l't,

4 without any notice of chlim or order for l?ayment having been served on him as hereinafter p ovided, sa1d /ortion or sum so remaining unclaimed shall have been forfeite and thereafter be the absolute property of the mu idpality and the said municipal ity shall for ever be disclmrged fr rn any claim on account th·ereof. "345.

Any person claiming o have been the owner, heir, assignee or legal representative . f the <Jwner or otherwise inter e..'!ted in any pareel of land so d for taxes and transferred as aforesaid which aha.ll have realiz d more than the amount dUE; for taxes and charges shall be entitl d t<J claim and receive tlu; said overplus or sum held to the ere it of said parcel of land in the tax sale fund or any portion tl1e eof specified in the order hPrein after mentioned provided that ritten notice is served upon the ~ecretary-treasurer previous to th time limited for forfeiture and upon pmducing and leaving wi 11 the f'\CCretary-trerumrer within six months from the date of se ·ice <Jf such notice of claim an order signed by a judge recitin that it had been proved to the satisfaction of said judge that t 1e claimant was at the time of sale the lawful owner of the la d in respect to which claim is made or was or is the heir, exe tor, assignee or legal representa tive o.f the said owner or otbcr ¥ise interested in· the said land and requiring the municipality to pay the said surplus money for the portion thereof specified n the order to the said claimant and such or any judge's order or payment of any part of said tax sale fund shall be kept by e secretary-treasurer and shall be the warrant and ant1hority for making such payment.

"346.

In seeking to obtain a 'udge's order any claimant upon ~aid fund shall in person or b advocate petiti<Jn the judge in writing for that purpose descrihi1 g the land sold and setting f0r\h the pa.rtieulars of sajd sale and the title under which the sai<l money is claimed and shall at t 1e same time furni~h such evid ence of t.it·le as may be neces.'>a for proving his title or interest to the satisfaction of the judge and the facts set forth in the petition shall oo verified by atli avit so far as may be necessary to satisfy the judge of the bonct de nature of the claim and the said judge may in his cliscretio 1 require t.hc claimant to serve a nQt.ice of l1is application u n the municipality or publish the same in any manner he m y deem proper or ~>u].,;tamiate his claim in any other manner nd the judge may in hid discre tion order said money to be pai into the Supremo Court there to he dealt with in sueh manner as the court shall order and in :'4uch case a oopy of his order s :1ting the reason therefor shall be filed in the said court an(,]. se ·ed upon the secretary-treasurer.

"347. Tn any ease where the udge deems it rudvisable tl() order uotice to be sen·cd upon t~he m micipality he shall in the final dech<ion of the que.,:tion if the ~laimant is succe&ful order the cml'l of the municipality lo be tnid nut of the funds in question and in ca.-;e the claimant fail.o shall order execution to issue against him from the said <'ourt, fter taxation fm the costs .of the municipality. "348.

The fact of claiming · ny surplus held to the credit of any lots sold for taxes in the said ta.'>: sale fund shall be considered an admission of the v.alidiLy of t.he sale of the lot in guestion by the claimant and the said c aimant and all claimmg by, through or under him shall fror and after the time of making such claim be debarred from ta ing 'any proceedinf,S to question or set aside such sale notwithsla ding .that sa:_c'i clmm shall have been mUJde within the time oth rwise liniited for taking any proceedings to invalidate any ta sale and said sale sh:tll there after ~ ~eld to he in all rcspc ts valid and binding as against the claimant and those claimin.._ by, through and under him ad a£oresaid ..

"349. In no case shall the m~niciualitv be linhlP t'.rr .daml:I.D"P.'J or costs in any suit brought to et aside a tax sale or be liable for any damages or .costs arisin therefrom in any way further than, in case of sale held void y a competent court, refunding to the purchaser the amount o money actually received with legal interest.

$ "SCHEioULE.

"I, . . . . . . . . . . . . . . . . . . . . . . , of th~ ................... . in the Province of Alberta, secre -treasurer of the municipality of the Town of Macleod, by virt e of the authority vested in me by The Town Act to sell lands or arrears of taxes do hereby in consideration of the sum of . . . . . . . . . . . . . . . . . . . . . . . . . dollars paid to me by . . . . . . . . . . . . . . . . . . . of ................... . being the price for which the d land was sold at a sale by me on the . . . . . . . . . . . . . . day of . . .... .' .-..... 191. . for arrears of tax:s due on said land to t ~e said municipality, transfer. to the said ....................... , all that p1ooe of land bemg "In witness whereof I have h eunto set my hand and the seal of the said Municipality this ............ day of ........... . 191. ..

"Signed by the above named } in prt>.sence of f .•.••• • • • • • • • • • • • • • • • • · · • · · ........................... ~ .............. . Provi~~~~~~?~U>erta t :~) th~ 1\; · ;~·~f· M~ci~a ·i~· th~ P~~~~~ ~~ To w1t. ) Alberta, ........... , make oath and say. "1. I was personally. present a d did see ................... ' named in the within instrumen who is personally known to me to be the person named therein, he being the secretary-treasurer' of the municipality of the 'rown f Macleod, duly sign and e;"ceute the within instrument for the rposes named ·therein; "2.

That the said instrument was executed at .the 'fuwn of Macleod in the said province; a1 d that I am the subscribing wit ness thereto. "3. That I personally know t e said ... : . ................ , and he is in my Lelief of the ful nge of twenty-one years. "Sworn before me at Macleod l in the proviuee of Albert<l I this . . . . . . . day of . . . . . . . ( 1 •••••••••••••••••••••••••••• 1913. I J

No. 59 FOURTH SESSION SECOND LEG~LATURE 3 GEORGE V 1913 BILL

An Act to amend The Town Act, being

Chapter 2 of the Acts of 1911:-1912. Received and read the First time . . . . . . . . . . . . . . . . . . . . . Second time . . . . . . . .......... . Third time ................... . ROBERT PATTERSON EDMONTON: J. W. Ja.FFBRY, Government Printer A.D. 1913 Title: 1913 (2nd, 4th) Bill 59,

An Act to amend The Town Act, being

Chapter 2 of the Acts of 1911-1912

Document details

Collection	Alberta — Bills
Citation	L2 S4 10664
Type	bill
Volume / chapter	L2 S4 10664
Language	en
Format	json
Source	PROVINCIAL
Identifier	62a5d45a7c797b77f99c74153a7a642d9cbb65cc

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