Bill 14 (Legislature 4, Session 2)

L4 S2 10156

Alberta — Bills

Rl<}PRINTED BILL. BILL No. 14 of 1919.

An Act to amend The Dower Act. (Assented to ' 1919.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Dower Act, being

chapter 14 of the Statutes of 1917, is amended as follows: 1. By repealing dause (

c) of

section 2 thereof, and sub stituting therefor the following, as subsection (2) of the said section: "(2) 'Disposition' shall mean any disposition by act inter vivos and requiring to be executed by the owner of the land disposed of, and shall include every transfer, agreement .of sale, leaRe or other inHtr'ument intended to convey or transfer any interest in land and every mortgage or incumbrance intended to charge land with the payment of a sum of money (and requiring to he so executed) and every devise or other disposition made by will." 2. By inserting in

section 3 thereof, after the word "shall" in the sixth line of the said section, the words "in so far as it may affect the interest of the Haid wife in such home stead under this Act". 3. By adding to

section () thereof the following sub sections: "

(2) The execution by the wife of any such disposition shall constitute a consent under this Act. "

(3) The registrar of land titles, before registering ::my such disposition not purporting to ·be consented to under this Act, shall require an affidavit of the owner in form B in the

schedule hereto or to the like effect, supported by such other evidence by affidavit or otherwise as the registrar may prescribe: "Provided that if the said disposition is executed under a power of attorney the party so executing the same may, if he is acquainted with the facts make the said affidavit." 4:. By striking out the word "instrument" where it appears in the first line of subsection (2) of

section 7, and substituting therefor the word "acknowledgment."

2 5. By repealing the first subsection of

section 7a thereof, and substituting therefor the following: "Where a husband and his wife are living apart, a judge of the Supreme Court may, by order, dispense with the consent of the wife to any proposed disposition if in the opinion of such judge it seems fair and reasonable under the circumstances so to do." 6. By striking out tl1e word "1.1lready'.' where it appears in the second line of

section D thereof, and by adding to the said

section the following words: "before the first day of May, A.D. 1917." 7. By ~tdding thereto immediately before

section 10 thereof the following new sections: "9b. When any woman shall have executed a contract for the sale of property, or joined in the execution thereof with her lmsband, or given her eousent in writing to the execution thereof, aml the ecmsideration m1der such con tract has been totnl\y or• partly performed by the purchaBer, sl:e &'hall, in the n.hKence uf fraud on the part of such pur chn.ser, be deemed to hn ,.e eow·'ented to such sale, in Hf'Cord mwe v;iLlt the provisi<ms of thir' Aet. "

(2) When any sub~equent disJx,sition by way of tmw;fer of such property i'l presented for regiRtration under 'Phe Land Titles Act, the cow;mrL Ho previously given, or the agreement so ev.ecutcd, Rhall, if produced and filed with the registrar he sufficient for the purpoHes of this Aet .. "9c.

The proyisions of this Act shall not apply to any transfer, agrccmt·nt of "al<~, a:">sigmncnt or other instrument intt'lld(\d to f'Oil'\'t'Y or t1·nn:-:fer to His Mnjesty in t.Jw right of tlte Province of .\ll,erta, or to :my i~ity, town, villa~~;e or munieipal dL·;trict, land required for the pmpose of any public work of the pro\·ince, or ul' such <'ity, town, village or llltlllif'ipal district." 8. B;, addiHp.; to the sdwdule thereto the followin~ form: "FORM B. "1, A.B. of. • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iu the Provinee of ...... , ......... make oath and say: "1.

That 1 am the transferor (or mortgagor, leHsor, or encumbrancer, as the case may be, or the duly appointed attorney of the transferor, rnortgugor, lesHor or cncmnhnm cer) named in the within instrument. "2. That the land in the said in·,;trumenL described is not, and does not include any part of my home property.

3 '' 3. That the land on which the house occupied by me as my residence is situated is (here give description of owner's home property, or state facts according to case): "or "1. That I am the ............. named in the within instrument, and that I have no wife. "Sworn before me at ..... . in the .................. . of ...................... . this ...... day of ......... . A.D.l9 .... . II II

No. 14. SECOND SESSION FOURTH LEGISLATURE 9 GEORGE V 1919 BILL

An Act to amend The Dower Act. Received and read the First time ................. . Second time ............... . Third time ................ . HoN. MR. BoYLE. ED)fONTON: J. w. J&FF11:BY, KING'S PBL'ITI!II A. D. 1919 Title: 1919 (4th, 2nd) Bill 14,

An Act to amend The Dower Act

Document details

Collection	Alberta — Bills
Citation	L4 S2 10156
Type	bill
Volume / chapter	L4 S2 10156
Language	en
Format	json
Source	PROVINCIAL
Identifier	7058ac8f48425bc35a427e6c7147dbe19d7144b2

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