Bill 53 (Legislature 4, Session 4)

L4 S4 10092

Alberta — Bills

BILL No. 53 of 1921. kl Act to amend The Land Titles Act . (A88ented to • 1921.) HIS MAJESTY, by and with the advioo and consent of the ~tive Assembly of the Province of. Alberta, enacts as foTlows: The Land Titlu Aa, being

chapter 24 of the Statutes of Alberta, 1906, is hereby amended as follows: 1. By adding thereto the following

section as

section 48a: "48a. When land for which a certificate of title ha.s been granted to the Crown in the right of the province is intended to be tra.n.sferrod, or any right-of-way or other easement is intended to be created or transferrec.l, a :Minister of the Crown or any person authorized by statute or by order in council so to do may execute a transfer in form J2 in the

schedule to this Act or to like effect: "Providcrl always that it sha.ll not ben~ for the Crown or an agent of the Crown to make· and subscribe an oath of affirmation required by the transferror of land under the provisions of

section 117 of this Act.'' 2. By adding thereto the foUowing

section as

section 50a: "60a. Any person recovering a judgment against a registered owner of land, dcclming that the said person recovering the said judgment is entitled to the exclusive right to use the said land or that he be quieted in the ex clusive po.<;SCSSion thereof by reason of adverse possession, pursuant to An Ordinance rupecting Limitation of Actions in Certain Caaes, being

chapter 31 of the Consolidated Ordinances of the North-,Vcst Territories, 1898, or any Act passed in amendment thereof or in substitution therefor, may file a certified copy of such judgment in the land titles oflioo for the proper registration district. At the expiration of throo months after the filing thereof, the registrar unless he is satisfied that an appeal from the said judgment is being taken shall make a memorandum upon the certi ficate of title in the register, cancelling the same, either wholly or partially, according to the tenor of the said judgment and setting forth the particulars of the said judgme11t."

Section 51: By adding after the word "transfer" where the same occurs in line 2 thcl"eof the words "or pursuant to any judgment."

2 4,.

Section 53b as enacted by

section 15,

chapter 3, 1916, and amended by

section 6,

chapter 4, 1920: By repealing the same, and substituting the following in lieu thereof: "53b. The provisions of 53a, except subsection (

g) thereof, shall mutoti3 mutandi3 apply to every person, firm, company or corporation constructing any gas or oil pipe line or any other transmission line, pipe or conduit, irrigation ditch, water ditch or drain for which a righ~f way iS required." s.

Section 62a, subsection 11, as enacted by

section 2 of

chapter 3 of the Statutes of Alberta, 1915, and amended by paragraph (

c) of subsection 4 of

section 40 of

chapter 3 of the Statutes of Alberta, 1917: By striking out the words "that the amount of the highest bid was not equal to nor greater than the reserved bid fixed by the registrar" where the same occur therein, and inserting in lieu thereof the following: "that the amount of the highest bid at such sale war~ not sufficient to satisfy the moneys secured by such mortgage or encumbrance together with the expenses occasioned by such 1381c.''

Section 63: By repealing the same, and substituting the following in lieu thereof: "63. The registrar shall discharge a mortgage or an encumbrance wholly or in part, or the lands comprised therein wholly or in part, according to the tenor of the discharge, and make an entry of the discharge upon the certificate of title affected by such discharge- "(

a) Upon the production of the mortgage or the en cumbrance or e'l.idcnce satisfactory to tbe Tegiatrar of its loss or destruction, together with a discharge in form I in the

schedule to this Act signed by the mortgagee or encumbra.ncee and accompanied by the proper affidavit of execution: "Provided that where it is expressly stated in a mortgage or an encumbrance to two or more mortgagees or encum brancecs that the money has been advanced on a joint account, it shall be sufficient if the discharge of such mort gage or encumbrnncc is signed by nny one of such mort g~ces or encumbra.ncees; '(

b) Upon the })roduction of a certificate signed by n. judge certifying that the judge is sn.tisfied of the payment of all or part of the moneys secured by the mortgage or encumbrance, and that. the mortgagee is living, or if dead, that no succession duty or other tax is payable to the Crown in the right of the province with respect to the said mort gage. "

(2) Upon such entry being made upon the certificate of title, the land or the estate OJ: interest in the land, or the portion of the land mentioned or referred to in such endorsement as aforesaid, shall cca...oo:.e to be subject to or

3 liable for such principal sum or annuity, or, as the case may be, for the pa.rt thereof mentioned in such entry as discharged."

Section 77, as amended: By striking out the following words: "and upon and from the receipt by the registrar of such copy, all lands and interest in lands, whether such interest be legal or equitable, and any interest of an unpaid vendor of land, shall be bound by such execution" where the same occur between the word "any" where the same first occurs in line 9 thereof and the word "but" where the same occurs in line 13, and substituting the following in lieu thereof: "and upon and from the ~eipt by the registrar of such copy, all legal and equitable interests of the execution debtor in any lands registered in his name and including any interest of the said debtor as an unpaid vendor of such land, shall be bound by such cxe<'ution." s.

By repealing form I in the

schedule thereto, and substituting the following in lieu thereof: "FORM I. 11 (Secti<m.s 29 and 63.) ''Canada. } "Province of Alberta "To the Registrar of the ............

Alberta Land Registration District: "I, ...................... , of ..•.................... (the mortgagee, eneumbra.ncoo or assignee, aa Uu: cau may be) do hereby acknowledge to have received all the money1:1 (or the sum of ............ dollars being part of the moneys) to become due under the mortgage· (or encum- brance) made by ...................... to ............ . which mortgage (or c.ncumbrance) bears date the ......... . day of: ............. , A.D. 19 .... , and was registered in the land titles office for the said land registration district at .......... minutes past .......... o'clock in the ...... . noon of the .......... day of. ........... , A.D. 19 ...... , as number .......... in Book ..........

Folio ........... , that the said mortgage has not been assigned; and that the Mme (or such part of the lands as ·a.re hereinafter described, that is to S..'I.Y (here give a description of Uu: land3 to be dia charged) is wholly discharged, ((or is discharged as to the sum or. ............... dollars (aa Uu: ca:se may be.)) "In witness whereof I have hereunto subscn"bed my name this ................ day of ................ , A.D. 19 ... . "S::J::=c:b:r~~ } ............. <8~~~-V· .. ··

4 9. By adding thereto in the

schedule thereof the following form as form J2: "FORM J2.

It (Section 48a.) "His Majesty King George the Fifth, in the right of the Province of Alberta., herein represented and acting by the Honourable .......................................... , M.ini.st<:r of ................ , being registered owner of an estate (here state nature of estate), subject, however, to such encumbranoea, liens and interests as are notified by memorandum underwritten (or endorsed hereon), in all that certain tract of land containing ........••.. acres more or less, and (here describe property), doth hereby in consider- ation of the sum of ............................ dollars paid to the Minister by .................... the receipt of which sum is hereby acknowledged, transfer to the said .•...•.......... all the estate and interest of the Crown in the said piece of land. (When a lesser estate describe 3UCh lesser estate.) "In witness whereof the Honourable .................. , aforesaid, or .......................... , Deputy Minister of .............. , has hereunto subscribed his name this ................ day of ....................•...

"Signed by the said } in the presenc.-e of .............. -.......... . (Here imert memorandum of mortgages and cncu77Wrancea.)" 10. By striking out form CC in the 1whedule thereto, and substituting the following in lieu thereof: "FORM CC. "I (name of surveyor), of the (place of ruidence), Alberta Land Surveyor, make oath and say-- "That the survey represented by this plan has been made by me in accordance with the pro,-isions of The Alberta Surveys Act; .

"That this survey was perfonned between the dates of ................ and .................. , A.D. 19 .... , and that this plan· is correct and tn1e and is prepared in accordance with the provisions of The Land Tilles Ad. "S~~~ .~~~f.~~.~~.~~~~ in the Province of AI- •....................•.....• berta, this ......... day Alberta Land Surveyor." of .......... 19 ... .

5 11. ·By striking out form HH in the

schedule thereto, and substituting the following in lieu thereof: "l~ORM HH. ''I (name of surt~Cyor), of the (pWa of re8idenu), Dominion Land Surveyor, make oath and say- " That the sul'Vcy represented by this plan has been made by me. and that the so.id plan is correct and true and is prepared in accordance with the provisions of The Land Titles Act. "Sworn before me at the! .......... of ........... . in the Province of Alberta. ......................... . this .......... day of.... Dominion Land Su.rveyor." 19 ... .

No. 53. FOURTH SESSION FOURTH LEGISLATURE 11 GEORGE V 1921 BILL

An Act to amend The Land Titles Act. Reeeived and read the First time ................... . Second time ................. . Third time ....•.............. HoN. J. R. BoYLE. JII)MONTON: J. W. Jamar, KDr•'• Panrra. A.'D. lt21

1 ADD TO BILL 53. 11. By adding th.~ following forms as forms U2, U3 and U4 respectively_: · "FORM U2. "In the matter of The Land Title8 Act and "In. the matter of. ~he ...... quarter of sectton ..... , townslup ..... , range ..•.• , west of the ...... meridian, in the Pro- vinoo of Alberta, or lot ...... , block .... , etc. (aa lite case may be). "I, ................ , of the ....................... of .................. in the ....•....... of ............... . (occupation.), make oath and say- .

"I am the owner of the above described lands and pro pose forthwith to sell, mortgage or otherwise deal with the same; "I am not the execution debtor in the action (or matter, as lite case may be), (here give style of cause 86l out in lite eucut~n), and was never served pe110nally with any original process in the said nction or matter, and to the best of my infonnation and belief was never served with such process substitutionally; "I · am not indebted to the execution creditor in the amount of the said execution, nor in any amount.

"My place or places of residence during ·the past twelve yenrs has or have been as follows: (here 8lale full post o~ address of the various places of residence of lite deponent during lite past twclt:e years). "My occupation or occupations during the past twelve years bas or have been as follows: (Here 8lale occupat~ or different occupations of the deponent).

"~ly full name and surname is as follows: ............ . . . . . . . . . . . . .. . . -.. -- .................................... -.... .. ~~~~-~~~~~~~~-~t. ~~::::: :} in the ........ of ........... . this ...... day of. ....... 19 .. . . -............................. .. A (title of person swean"ng aj}idam.t). "FORM U3. "In the matter of The Land Title$ Act and "In the matter of the ...... quarter of

section ..... , township ..... , range ..•.•• , west of the ...... meridian, in the Pro- vince of Alberta, or lot .... , block ...... , etc. (a8 lite case may be).

2 "The Land Titles Office for the ..... Alberta Land Registration District. Edmonton or Qalgary. "To ........................... . "Under the provisions of

section 78a of The Land Tilles Act I hereby notify you that the execution filed by you in an action or matter (here give :sty~ of cause) aga.\nst the lands of ........................ , shall at the expiration of .............. days from the mailing of this noti~e to you, cease to affect t-he followinp; lands, namely (here describe· lands), standing in the register in the name of ............................ , unless within the said ................ days you file with me a certificate con tinuing the said execution in effect as against such land. Regi8trar. "FORM U4.

"In the matter of The /..and Title8 Act and "In the matter of the ...... quarter of scc::tion ..... , township •.... , range ..... , west or the ...... meridiAn, in the Prc>- vince of Alberta, or lot ..... , block ..... , etc. (a.s the ca.se may be).

"I, or we, ................................ , of the .............. of .................. , in tlte ........•... of. . . . . . . . . . . . . . or (give name of a company in full and addrus), the execution creditor in the action (or matter, a.s the ca.se nuzy be), (here (1We style of cause set out in the execu- tion), allege that ..................................... . the owner of the above described lands is the execution debtor in the aforesaid action and that the lands mentioned therein arc subject to the execution herein.

"Dated at the ................ of ................... . in the .................. of ...................... , this .................... day of ............. . Signature. "I am the above named execution creditor, or the agent for the above named execution creditor, (a.s the case may be).

"I verily believe that the person owning the aforesaid lands is the execution debtor referred to in the aforesaid action or matter (a.s the case may be), and that the said lands are subject to the said execution. ~~~-~~~ ~:~~ .~:. ~~ -~~ ... ·: : :} in the .......... of ......... . this ........ day of ...... 19 .. ;, A: '(titk ~j ;,~~~ ~~,;g "affiik;m>." Title: 1921 (4th, 4th) Bill 53,

An Act to amend The Land Titles Act

Document details

Collection	Alberta — Bills
Citation	L4 S4 10092
Type	bill
Volume / chapter	L4 S4 10092
Language	en
Format	json
Source	PROVINCIAL
Identifier	ac3a3eb3c731239f2e8cec713f7b7484a8d7a8dd

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