Bill 39 (Legislature 3, Session 4)

L3 S4 9858

Alberta — Bills

BILL No. 39 of 1916.

An Act for the Relief of Volunteers and Reservists. (Assented to , 1916.) WHEREAS a state of war exists between His Majesty and certain European powers; and Whereas it is expedient to provide for the protection of the property and interests of such persons as are by this Act declared to be volunteers or reservists; Therefore His Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

SHORT TITLE. 1. This Act may be cited as " The Volunteers and Reservists Relief Act."

INTERPRETATION. 2. In this Act, unless the context otherwise rE~quires,- 1. "Person" includes company, corporation, firm or partnership; . 2. "Judge" includes a judge of the Supreme Court or a judge of the District Court; 3.

"Volunteer or reservist" means any person male or female resident in the Province of Alberta on the first day of August, A.D. 1914, or at any time therefLfter, who has; before the passing of this Act, enlisted as a volunteer in the active military or naval forces raised by the Govern ment of Canada for service in the said war, or who shall after the passing of this Act so enl~st, and any person resident as aforesaid who has befor~ the passing of this Act joined either as a vplunteer or a i'eservist the military or naval forces of His Majesty or any of His allies, or who shall after the passing of this Act so join; 4.

"Debt" includes rates and taxes. 3.

No person shall after the passing of this Act bring any action or take any proceeding, judicial or extra-judicial, against any volunteer or reservist or against his wife or any dependent member of his family for the enforcement of payment of any debt, liability or obligation incurred before the passing of this Act, nor for the enforcement of any mortgage, charge, lien, encumbrance or other security created or arising before the passing of this Act, nor for the recovery of possession of any goods and chattels or lands and tenements in the possession of such volunteer or reservist or in the possession of his wife or any dependent member of his family until one year after the t.ermination of the said state of war or until one year after the discharge of such volunteer or reservist whichever shall first happen.

(2) Any such action or proceeding begun a.gainst any person before or after the passing of thIS Act shall upon such person becoming a volunteer or reservist be stayed until the expiration of a period of one year after the termination of the said st/tte of war or until the expiration of a period of one year after the discharge of such volunteer or reBervist, whichever shall first happen and any such action or pro ceeding begun or pending agaiIl.St any volunteer or reservist shall upon the passing of this Act be stayed until the expiration of l1 period of one year after t.he terminat.ion of the said state of war or until the expiration of a period of one year after the discharge of such volunteer or reservist, whichever shall first happen. 4.

In ilse any per$.On again,St whom any adion or i proceeding is prohibited,or stayed Py this Act is, or would be, accordingJjto law or pra1tice, a ne~ssary or proper party to any actiq:n or proceeding against any o.tberpersoir.' or persons, :&'uch action o~ proceedmg may, U'otwitlistanf,iing' a:fi.ything !iin this Act,,~bce<~ comm~nced;) an<i::carrfed 01I as 1jet~een ~uch o~r person <;>1' p~1'soIiS and: the·:pa~ or, pa.rtIes commenow.g or:',c~rrymg on snch pioceedjngs, ;and 1tlle cour~: may t~.l;erv~'·~o any ofl the' other parties to~ an ~tion: orilproceetl1ng ari.y:·:rights dr remedies or r€lief over against tihe party for ,:whose be:p.efit this Act is passed. until theil expiration of a period( of one year after :the' terminatibn of the sald war or l!1nti.l the expiration of a· period of 19ne year after the discharge of sHch perSon which- ever shalt first happen; , 5.

Not~ing in this Act shall' prevent any defend~nt against whom any action or proceeding is brought by a person for whose benefit this Act is pa,ssed from setting up any defence thereto, or any set-off or counterclaim which he might set up if this Act had not been passed. 6. The running of all statutes of limitations of actions or proceedings in favour of all persons for whose benefit this Act is passed is hereby suspended during such period as any such person is entitled to the protection afforded by this Act. 7.

If any property of any kind or interest therein is or shall be held in the name of any person for whose benefit this Act is passed, in trust for the benefit of any other person, then any action or proceeding against such first named person, either alone or along with such other person, in respect of such property or interest therein, or for the purpose of realizing a claim of a creditor of such other person out of such property or interest, may be brought or continued and carried to its conclusion not,withstanding anything in this Act. 8.

This Act shaH not deprive a mortgagee or person having a charge or security on land of the right to collect and receive the rents or rentable value of such land. 9. On proof to the satisfaction of a judge or master in chambers or registrar of land titles on behalf of a mortgagee or encumbrancee that no one of the parties interested in land is a volunteer or reservist any action or proceeding taken or continued as to such land shall be valid and binding. 10. This Act may be repealed at any time in whole or in part by proclamation of the Lieutenant Governor in Council. No. 39.

FOURTH SESSION THIRD LEGISLATURE GEORGE V BILL

An Act for the Relief of Volunteers and' Reservists. Received and read the First time ..... " .......... . Second time ............... . Third time ................ . HON. A. L. SIFTON. EDMONTON: J. W . • JEP-FEDT. GOVJr;RNMEN1' PRINTER, A.D. 11116 Title: 1916 (3rd, 4th) Bill 39,

An Act for the Relief of Volunteers and Reservists

Document details

Collection	Alberta — Bills
Citation	L3 S4 9858
Type	bill
Volume / chapter	L3 S4 9858
Language	en
Format	json
Source	PROVINCIAL
Identifier	72214453b7c47e636f98966f7fec90e585e383b5

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