Bill 15 (Legislature 4, Session 1)

L4 S1 9704

Alberta — Bills

BILL No. 15 of 1918.

An Act to amend The Official Guardian Act. (Assented to , 1918.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: The Official Guardian Act, being

chapter of the Statutes of Alberta, 1917, is hereby amended as follows:

Section 2: By adding as (

d) thereof the following: "(d) 'Convict' means any person against whom judgment of death or of imprisonment for a period of three years or more has been pronounced or recorded by any court of competent jurisdiction within the province and who has not suffered death and has not undergone his fLlll term of imprisonment or any punishment substituted in lieu of the punishment first adjudged to him and has not been par doned;" And by adding as (

e) tb.ereof the following: " (e) 'lVIissing person' means a person who cannot be found and whose place of abode is unascertainable and has continued to be unascertainable for a period of one year."

Section 4: By adding at the end of 4 (

e) the words "or as guardian of the estate or person of any infant upon order of the court".

Section 6: By repealing tre same and substituting therefor the following: "6.

The official guardian shall be served with notice of every application made to a court in respect of an infant, missing person or convict or of the estate of such persons respectively and such service may be made by delivering to the official guardian 8, copy of the statement of claim, originating notice, petition or other process originating the matter whf~rein the application is made, and from the time of such service the official guardian spall be guardian ad Htem of the infant or trustee of the property of the missing person as the case may be unless I:md until the court otherwise order, and the official guardian or any other guardian appointed by the court for an infant shall take all such proceedings as he may deem necessary for the protection of the interests of the infant or missing person (as the case may be) and attend actively to the interests of such infant or missing person and for that purpose communicate with all proper parties.

"

(2) No such application shall be proceeded with until the official guardian is represented thereat or has expressed his intention of not being so represented."

Section 7: By repealing the same and substituting therefor the following: "7. The clerk of any Surrogate Court to whom appli cation is made for probate of will or letters of administration or for the resealing of either of them shall, where an infant, missing person or convict is interested in the estate thereby affected, send to the official guardian particulars of every such application and of the estate and persons entitled to an interest therein, and such clerk shall also send to the official guardian particulars of 2,11 further applications affecting the infant, missing person or convict or their estates respectively. "

(2) No such application shall be proceeded with until the official guardian is represented thereat or has expressed his intention of not being so represented." 5. By inserting as new sections 8, 9, 10, 11 and the following: "8. In all cases where an infant or missing person is interested in any property not exceeding in value $1,500.00, the official guardian may consent to a sale thereof on such terms as he shall deem right. "

(2) In all cases where an infant or missing person owns less than one equal third part of any property, the official guardian may consent to a sale thereof by the other persons interested, on such terms as he shall deem right. "9.

No action for the recovery of any property, debt or damage wbn,tsoever shall be brought by any convict against :my person, and every convict shall be incapable of alienating or charging any property or of making any contract, and upon his conviction the custody and manage ment of the property of such convict shall be in the hands of the official guardian who shall have absolute power to let, mortgage, sell, convey and transfer any part of such property as to him shall seem fit, and to receive or accept any benefits to .tl'c convict and to exercise all the rights of the convict regarding the property. "10.

Tte official guardian may payout of the property of the convict all sums of money which the convict might otherwise have been liable to pay and may make such payments and allowances for the support or maintenance of any wife or child or reputed child of such convict or of any other relative or reputed relative of such convict dependent upon him for support, or for the benefit of the convict himself if and while he is lawfully at large under any license, as to such official guardian shall seem fit to be made from time to time out of such property or the income thereof and for the advantage of the convict or his estate or for the advantage of his wife, child, relative or dependent the official guardian m3,y use the name of the convict so as to bind the latter on ceasing to be a convict.

"11. The preceding

section shall apply to and to the estate of a missing person as if the words 'missing person' were used in the said

section in lieu of the word' convict,' in so far as sucb

section is capable of application to a missing person or his estate. "12. The official guardian sLall not in exercising any of U'.e powers given him by this Act come under any personal responsibility for anything done or left undone by him and 8119,11 be responsible only for moneys actually received by him in exercise of the said powers." No. 15. FIRST SESSION FOURTH LEGISLATURE a GEORGE v una BILL

An Act to amend The Official Guardian Act. Received Ilnd read t!J(' First time. Renond time .. Third time .. HON. MR. CROSS. EDMONTON: J. w. JeFnBY, KINO'S PRtNTBR A.D. 1911'> Title: 1918 (4th, 1st) Bill 15,

An Act to amend The Official Guardian Act

Document details

Collection	Alberta — Bills
Citation	L4 S1 9704
Type	bill
Volume / chapter	L4 S1 9704
Language	en
Format	json
Source	PROVINCIAL
Identifier	b486176de6fc72ee8f1815d9d5adf400880fb6e5

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